102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3792

 

Introduced 1/21/2022, by Sen. Cristina Castro

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Children and Family Services Act, the Illinois Youthbuild Act, the Mental Health and Developmental Disabilities Administrative Act, the School Code, the Public University Uniform Admission Pilot Program Act, the Public Community College Act, the Higher Education Student Assistance Act, the Illinois Insurance Code, the Pharmacy Practice Act, the Structural Pest Control Act, the Community Association Manager Licensing and Disciplinary Act, the Home Inspector License Act, the Real Estate License Act of 2000, the Illinois Public Aid Code, the Firearm Concealed Carry Act, the Illinois Vehicle Code, and the Unified Code of Corrections. Changes references from high school equivalency certificate to State of Illinois High School Diploma.


LRB102 25808 CMG 35148 b

 

 

A BILL FOR

 

SB3792LRB102 25808 CMG 35148 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Children and Family Services Act is amended
5by changing Sections 8 and 35.10 as follows:
 
6    (20 ILCS 505/8)  (from Ch. 23, par. 5008)
7    Sec. 8. Scholarships and fee waivers; tuition waiver.
8    (a) Each year the Department shall select a minimum of 53
9students (at least 4 of whom shall be children of veterans) to
10receive scholarships and fee waivers which will enable them to
11attend and complete their post-secondary education at a
12community college, university, or college. Youth shall be
13selected from among the youth for whom the Department has
14court-ordered legal responsibility, youth who aged out of care
15at age 18 or older, or youth formerly under care who have been
16adopted or who have been placed in private guardianship.
17Recipients must have earned a high school diploma from an
18accredited institution or a State of Illinois High School
19Diploma high school equivalency certificate or diploma or have
20met the State criteria for high school graduation before the
21start of the school year for which they are applying for the
22scholarship and waiver. Scholarships and fee waivers shall be
23available to students for at least 5 years, provided they are

 

 

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1continuing to work toward graduation. Unused scholarship
2dollars and fee waivers shall be reallocated to new
3recipients. No later than January 1, 2015, the Department
4shall promulgate rules identifying the criteria for
5"continuing to work toward graduation" and for reallocating
6unused scholarships and fee waivers. Selection shall be made
7on the basis of several factors, including, but not limited
8to, scholastic record, aptitude, and general interest in
9higher education. The selection committee shall include at
10least 2 individuals formerly under the care of the Department
11who have completed their post-secondary education. In
12accordance with this Act, tuition scholarships and fee waivers
13shall be available to such students at any university or
14college maintained by the State of Illinois. The Department
15shall provide maintenance and school expenses, except tuition
16and fees, during the academic years to supplement the
17students' earnings or other resources so long as they
18consistently maintain scholastic records which are acceptable
19to their schools and to the Department. Students may attend
20other colleges and universities, if scholarships are awarded
21them, and receive the same benefits for maintenance and other
22expenses as those students attending any Illinois State
23community college, university, or college under this Section.
24Beginning with recipients receiving scholarships and waivers
25in August 2014, the Department shall collect data and report
26annually to the General Assembly on measures of success,

 

 

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1including (i) the number of youth applying for and receiving
2scholarships or waivers, (ii) the percentage of scholarship or
3waiver recipients who complete their college or university
4degree within 5 years, (iii) the average length of time it
5takes for scholarship or waiver recipients to complete their
6college or university degree, (iv) the reasons that
7scholarship or waiver recipients are discharged or fail to
8complete their college or university degree, (v) when
9available, youths' outcomes 5 years and 10 years after being
10awarded the scholarships or waivers, and (vi) budget
11allocations for maintenance and school expenses incurred by
12the Department.
13    (b) Youth shall receive a tuition and fee waiver to assist
14them in attending and completing their post-secondary
15education at any community college, university, or college
16maintained by the State of Illinois if they are youth for whom
17the Department has court-ordered legal responsibility, youth
18who aged out of care at age 18 or older, or youth formerly
19under care who have been adopted and were the subject of an
20adoption assistance agreement or who have been placed in
21private guardianship and were the subject of a subsidized
22guardianship agreement.
23    To receive a waiver under this subsection, an applicant
24must:
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
10applicant attends must waive any tuition and fee amounts that
11exceed the amounts paid to the applicant under the federal
12Pell Grant Program or the State's Monetary Award Program.
13    Tuition and fee waivers shall be available to a student
14for at least the first 5 years the student is enrolled in a
15community college, university, or college maintained by the
16State of Illinois so long as the student makes satisfactory
17progress toward completing his or her degree. The age
18requirement and 5-year cap on tuition and fee waivers under
19this subsection shall be waived and eligibility for tuition
20and fee waivers shall be extended for any applicant or student
21who the Department determines was unable to enroll in a
22qualifying post-secondary school or complete an academic term
23because the applicant or student: (i) was called into active
24duty with the United States Armed Forces; (ii) was deployed
25for service in the United States Public Health Service
26Commissioned Corps; or (iii) volunteered in the Peace Corps or

 

 

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1the AmeriCorps. The Department shall extend eligibility for a
2qualifying applicant or student by the total number of months
3or years during which the applicant or student served on
4active duty with the United States Armed Forces, was deployed
5for service in the United States Public Health Service
6Commissioned Corps, or volunteered in the Peace Corps or the
7AmeriCorps. The number of months an applicant or student
8served on active duty with the United States Armed Forces
9shall be rounded up to the next higher year to determine the
10maximum length of time to extend eligibility for the applicant
11or student.
12    The Department may provide the student with a stipend to
13cover maintenance and school expenses, except tuition and
14fees, during the academic years to supplement the student's
15earnings or other resources so long as the student
16consistently maintains scholastic records which are acceptable
17to the student's school and to the Department.
18    The Department shall develop outreach programs to ensure
19that youths who qualify for the tuition and fee waivers under
20this subsection who are high school students in grades 9
21through 12 or who are enrolled in a high school equivalency
22testing program are aware of the availability of the tuition
23and fee waivers.
24    (c) Subject to appropriation, the Department shall provide
25eligible youth an apprenticeship stipend to cover those costs
26associated with entering and sustaining through completion an

 

 

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1apprenticeship, including, but not limited to fees, tuition
2for classes, work clothes, rain gear, boots, and
3occupation-specific tools. The following youth may be eligible
4for the apprenticeship stipend provided under this subsection:
5youth for whom the Department has court-ordered legal
6responsibility; youth who aged out of care at age 18 or older;
7or youth formerly under care who have been adopted and were the
8subject of an adoption assistance agreement or who have been
9placed in private guardianship and were the subject of a
10subsidized guardianship agreement.
11    To receive a stipend under this subsection, an applicant
12must:
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
22youth for a maximum of 5 years after the youth enrolls in a
23qualifying apprenticeship program so long as the youth makes
24satisfactory progress toward completing his or her
25apprenticeship. The age requirement and 5-year cap on the
26apprenticeship stipend provided under this subsection shall be

 

 

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1extended for any applicant who the Department determines was
2unable to enroll in a qualifying apprenticeship program
3because the applicant: (i) was called into active duty with
4the United States Armed Forces; (ii) was deployed for service
5in the United States Public Health Service Commissioned Corps;
6or (iii) volunteered in the Peace Corps or the AmeriCorps. The
7Department shall extend eligibility for a qualifying applicant
8by the total number of months or years during which the
9applicant served on active duty with the United States Armed
10Forces, was deployed for service in the United States Public
11Health Service Commissioned Corps, or volunteered in the Peace
12Corps or the AmeriCorps. The number of months an applicant
13served on active duty with the United States Armed Forces
14shall be rounded up to the next higher year to determine the
15maximum length of time to extend eligibility for the
16applicant.
17    The Department shall develop outreach programs to ensure
18that youths who qualify for the apprenticeship stipends under
19this subsection who are high school students in grades 9
20through 12 or who are enrolled in a high school equivalency
21testing program are aware of the availability of the
22apprenticeship stipend.
23(Source: P.A. 100-1045, eff. 1-1-19; 101-558, eff. 1-1-20.)
 
24    (20 ILCS 505/35.10)
25    Sec. 35.10. Documents necessary for adult living. The

 

 

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1Department shall assist a youth in care in identifying and
2obtaining documents necessary to function as an independent
3adult prior to the closure of the youth's case to terminate
4wardship as provided in Section 2-31 of the Juvenile Court Act
5of 1987. These necessary documents shall include, but not be
6limited 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.
16If a court determines that a youth in care no longer requires
17wardship of the court and orders the wardship terminated and
18all proceedings under the Juvenile Court Act of 1987
19respecting the youth in care finally closed and discharged,
20the Department shall ensure that the youth in care receives a
21copy of the court's order.
22(Source: P.A. 102-70, eff. 1-1-22.)
 
23    Section 10. The Illinois Youthbuild Act is amended by
24changing Section 25 as follows:
 

 

 

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1    (20 ILCS 1315/25)
2    Sec. 25. Eligible participants. Eligible participants are
3youth 16 to 24 years old who are economically disadvantaged as
4defined in United States Code, Title 29, Section 1503, and who
5are 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.
16    Not more than 25% of the participants in the program may be
17individuals who do not meet the requirements of subsections
18(a) or (b), but who are deficient in basic skills despite
19having attained a secondary school diploma, State of Illinois
20High School Diploma high school equivalency certificate, or
21other State-recognized equivalent, or who have been referred
22by a local secondary school for participation in a Youthbuild
23program leading to the attainment of a secondary school
24diploma.
25(Source: P.A. 98-718, eff. 1-1-15.)
 

 

 

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1    Section 15. The Mental Health and Developmental
2Disabilities Administrative Act is amended by changing Section
315.4 as follows:
 
4    (20 ILCS 1705/15.4)
5    Sec. 15.4. Authorization for nursing delegation to permit
6direct care staff to administer medications.
7    (a) This Section applies to (i) all residential programs
8for persons with a developmental disability in settings of 16
9persons or fewer that are funded or licensed by the Department
10of Human Services and that distribute or administer
11medications, (ii) all intermediate care facilities for persons
12with developmental disabilities with 16 beds or fewer that are
13licensed by the Department of Public Health, and (iii) all day
14programs certified to serve persons with developmental
15disabilities by the Department of Human Services. The
16Department of Human Services shall develop a training program
17for authorized direct care staff to administer medications
18under the supervision and monitoring of a registered
19professional nurse. The training program for authorized direct
20care staff shall include educational and oversight components
21for staff who work in day programs that are similar to those
22for staff who work in residential programs. This training
23program shall be developed in consultation with professional
24associations representing (i) physicians licensed to practice
25medicine in all its branches, (ii) registered professional

 

 

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1nurses, and (iii) pharmacists.
2    (b) For the purposes of this Section:
3    "Authorized direct care staff" means non-licensed persons
4who have successfully completed a medication administration
5training program approved by the Department of Human Services
6and conducted by a nurse-trainer. This authorization is
7specific to an individual receiving service in a specific
8agency and does not transfer to another agency.
9    "Medications" means oral and topical medications, insulin
10in an injectable form, oxygen, epinephrine auto-injectors, and
11vaginal and rectal creams and suppositories. "Oral" includes
12inhalants and medications administered through enteral tubes,
13utilizing aseptic technique. "Topical" includes eye, ear, and
14nasal medications. Any controlled substances must be packaged
15specifically for an identified individual.
16    "Insulin in an injectable form" means a subcutaneous
17injection via an insulin pen pre-filled by the manufacturer.
18Authorized direct care staff may administer insulin, as
19ordered by a physician, advanced practice registered nurse, or
20physician assistant, if: (i) the staff has successfully
21completed a Department-approved advanced training program
22specific to insulin administration developed in consultation
23with professional associations listed in subsection (a) of
24this Section, and (ii) the staff consults with the registered
25nurse, prior to administration, of any insulin dose that is
26determined based on a blood glucose test result. The

 

 

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1authorized direct care staff shall not: (i) calculate the
2insulin dosage needed when the dose is dependent upon a blood
3glucose test result, or (ii) administer insulin to individuals
4who require blood glucose monitoring greater than 3 times
5daily, unless directed to do so by the registered nurse.
6    "Nurse-trainer training program" means a standardized,
7competency-based medication administration train-the-trainer
8program provided by the Department of Human Services and
9conducted by a Department of Human Services master
10nurse-trainer for the purpose of training nurse-trainers to
11train persons employed or under contract to provide direct
12care or treatment to individuals receiving services to
13administer medications and provide self-administration of
14medication training to individuals under the supervision and
15monitoring of the nurse-trainer. The program incorporates
16adult learning styles, teaching strategies, classroom
17management, and a curriculum overview, including the ethical
18and legal aspects of supervising those administering
19medications.
20    "Self-administration of medications" means an individual
21administers his or her own medications. To be considered
22capable to self-administer their own medication, individuals
23must, at a minimum, be able to identify their medication by
24size, shape, or color, know when they should take the
25medication, and know the amount of medication to be taken each
26time.

 

 

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1    "Training program" means a standardized medication
2administration training program approved by the Department of
3Human Services and conducted by a registered professional
4nurse for the purpose of training persons employed or under
5contract to provide direct care or treatment to individuals
6receiving services to administer medications and provide
7self-administration of medication training to individuals
8under the delegation and supervision of a nurse-trainer. The
9program incorporates adult learning styles, teaching
10strategies, classroom management, curriculum overview,
11including ethical-legal aspects, and standardized
12competency-based evaluations on administration of medications
13and self-administration of medication training programs.
14    (c) Training and authorization of non-licensed direct care
15staff by nurse-trainers must meet the requirements of this
16subsection.
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.

 

 

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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

 

 

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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
7following 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

 

 

SB3792- 17 -LRB102 25808 CMG 35148 b

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

 

 

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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
20administer medications are responsible for documenting and
21maintaining records on the training that is completed.
22    (g) The absence of this training program constitutes a
23threat to the public interest, safety, and welfare and
24necessitates emergency rulemaking by the Departments of Human
25Services and Public Health under Section 5-45 of the Illinois
26Administrative Procedure Act.

 

 

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1    (h) Direct care staff who fail to qualify for delegated
2authority to administer medications pursuant to the provisions
3of this Section shall be given additional education and
4testing to meet criteria for delegation authority to
5administer medications. Any direct care staff person who fails
6to qualify as an authorized direct care staff after initial
7training and testing must within 3 months be given another
8opportunity for retraining and retesting. A direct care staff
9person who fails to meet criteria for delegated authority to
10administer medication, including, but not limited to, failure
11of the written test on 2 occasions shall be given
12consideration for shift transfer or reassignment, if possible.
13No employee shall be terminated for failure to qualify during
14the 3-month time period following initial testing. Refusal to
15complete training and testing required by this Section may be
16grounds for immediate dismissal.
17    (i) No authorized direct care staff person delegated to
18administer medication shall be subject to suspension or
19discharge for errors resulting from the staff person's acts or
20omissions when performing the functions unless the staff
21person's actions or omissions constitute willful and wanton
22conduct. Nothing in this subsection is intended to supersede
23paragraph (4) of subsection (c).
24    (j) A registered professional nurse, advanced practice
25registered nurse, physician licensed to practice medicine in
26all its branches, or physician assistant shall be on duty or on

 

 

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1call at all times in any program covered by this Section.
2    (k) The employer shall be responsible for maintaining
3liability insurance for any program covered by this Section.
4    (l) Any direct care staff person who qualifies as
5authorized direct care staff pursuant to this Section shall be
6granted consideration for a one-time additional salary
7differential. The Department shall determine and provide the
8necessary funding for the differential in the base. This
9subsection (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;
1199-581, eff. 1-1-17; 100-50, eff. 1-1-18; 100-513, eff.
121-1-18; 100-863, eff. 8-14-18.)
 
13    Section 20. The School Code is amended by changing
14Sections 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
17superintendent of schools and the Illinois Community College
18Board shall make available for qualified individuals residing
19within the region a High School Equivalency Testing Program
20and alternative methods of credentialing, as identified under
21this Section. For that purpose the regional superintendent
22alone or with other regional superintendents may establish and
23supervise a testing center or centers to administer the secure
24forms for high school equivalency testing to qualified

 

 

SB3792- 21 -LRB102 25808 CMG 35148 b

1persons. Such centers shall be under the supervision of the
2regional superintendent in whose region such centers are
3located, subject to the approval of the Executive Director of
4the Illinois Community College Board. The Illinois Community
5College Board shall also establish criteria and make available
6alternative methods of credentialing throughout the State.
7    An individual is eligible to apply to the regional
8superintendent of schools for the region in which he or she
9resides if he or she is: (a) a person who is 17 years of age or
10older, has maintained residence in the State of Illinois, and
11is not a high school graduate; (b) a person who is successfully
12completing an alternative education program under Section
132-3.81, Article 13A, or Article 13B; or (c) a person who is
14enrolled in a youth education program sponsored by the
15Illinois National Guard. For purposes of this Section,
16residence is that abode which the applicant considers his or
17her home. Applicants may provide as sufficient proof of such
18residence and as an acceptable form of identification a
19driver's license, valid passport, military ID, or other form
20of government-issued national or foreign identification that
21shows the applicant's name, address, date of birth, signature,
22and photograph or other acceptable identification as may be
23allowed by law or as regulated by the Illinois Community
24College Board. Such regional superintendent shall determine if
25the applicant meets statutory and regulatory state standards.
26    If qualified the applicant shall at the time of such

 

 

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1application pay a fee established by the Illinois Community
2College Board, which fee shall be paid into a special fund
3under the control and supervision of the regional
4superintendent. Such moneys received by the regional
5superintendent shall be used, first, for the expenses incurred
6in administering and scoring the examination, and next for
7other educational programs that are developed and designed by
8the regional superintendent of schools to assist those who
9successfully complete high school equivalency testing or meet
10the criteria for alternative methods of credentialing in
11furthering their academic development or their ability to
12secure and retain gainful employment, including programs for
13the competitive award based on test scores of college or adult
14education scholarship grants or similar educational
15incentives. Any excess moneys shall be paid into the institute
16fund.
17    Any applicant who has achieved the minimum passing
18standards as established by the Illinois Community College
19Board shall be notified in writing by the regional
20superintendent and shall be issued a State of Illinois High
21School Diploma high school equivalency certificate on the
22forms provided by the Illinois Community College Board. The
23regional superintendent shall then certify to the Illinois
24Community College Board the score of the applicant and such
25other and additional information that may be required by the
26Illinois Community College Board. The moneys received

 

 

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1therefrom shall be used in the same manner as provided for in
2this Section.
3    The Illinois Community College Board shall establish
4alternative methods of credentialing for the issuance of a
5State of Illinois High School Diploma high school equivalency
6certification. In addition to high school equivalency testing,
7the following alternative methods of receiving a State of
8Illinois High School Diploma high school equivalency
9credential shall be made available to qualified individuals on
10or 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.

 

 

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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
7maintained residence in the State of Illinois and is not a high
8school graduate, any person who has enrolled in a youth
9education program sponsored by the Illinois National Guard, or
10any person who has successfully completed an alternative
11education program under Section 2-3.81, Article 13A, or
12Article 13B is eligible to apply for a State of Illinois High
13School Diploma high school equivalency certificate (if he or
14she meets the requirements prescribed by the Illinois
15Community College Board) upon showing evidence that he or she
16has completed, successfully, high school equivalency testing,
17administered by the United States Armed Forces Institute,
18official high school equivalency testing centers established
19in other states, Veterans' Administration Hospitals, or the
20office of the State Superintendent of Education for the
21Illinois State Penitentiary System and the Department of
22Corrections. Such applicant shall apply to the regional
23superintendent of the region wherein he or she has maintained
24residence, and, upon payment of a fee established by the
25Illinois Community College Board, the regional superintendent
26shall issue a State of Illinois High School Diploma high

 

 

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1school equivalency certificate and immediately thereafter
2certify to the Illinois Community College Board the score of
3the applicant and such other and additional information as may
4be required by the Illinois Community College Board.
5    Notwithstanding the provisions of this Section, any
6applicant who has been out of school for at least one year may
7request the regional superintendent of schools to administer
8restricted high school equivalency testing upon written
9request of: the director of a program who certifies to the
10Chief Examiner of an official high school equivalency testing
11center that the applicant has completed a program of
12instruction provided by such agencies as the Job Corps, the
13Postal Service Academy, or an apprenticeship training program;
14an employer or program director for purposes of entry into
15apprenticeship programs; another state's department of
16education in order to meet regulations established by that
17department of education; or a post high school educational
18institution for purposes of admission, the Department of
19Financial and Professional Regulation for licensing purposes,
20or the Armed Forces for induction purposes. The regional
21superintendent shall administer such testing, and the
22applicant shall be notified in writing that he or she is
23eligible to receive a State of Illinois High School Diploma
24high school equivalency certificate upon reaching age 17,
25provided he or she meets the standards established by the
26Illinois Community College Board.

 

 

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1    Any test administered under this Section to an applicant
2who does not speak and understand English may at the
3discretion of the administering agency be given and answered
4in any language in which the test is printed. The regional
5superintendent of schools may waive any fees required by this
6Section in case of hardship. The regional superintendent of
7schools and the Illinois Community College Board shall waive
8any fees required by this Section for an applicant who meets
9all 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

 

 

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1    the Cook County High School Equivalency Office.
2    In counties of over 3,000,000 population, a State of
3Illinois High School Diploma high school equivalency
4certificate shall contain the signatures of the Executive
5Director of the Illinois Community College Board and the
6superintendent, president, or other chief executive officer of
7the institution where high school equivalency testing
8instruction occurred and any other signatures authorized by
9the Illinois Community College Board.
10    The regional superintendent of schools shall furnish the
11Illinois Community College Board with any information that the
12Illinois Community College Board requests with regard to
13testing and diplomas certificates under this Section.
14(Source: P.A. 99-78, eff. 7-20-15; 99-742, eff. 1-1-17;
15100-130, 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
18Department of Juvenile Justice and thereby to better serve the
19interests of the people of Illinois the following bill is
20presented.
21    Its purpose is to enhance the quality and scope of
22education for inmates and wards within the Department of
23Juvenile Justice so that they will be better motivated and
24better equipped to restore themselves to constructive and law
25abiding lives in the community. The specific measure sought is

 

 

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1the creation of a school district within the Department so
2that its educational programs can meet the needs of persons
3committed and so the resources of public education at the
4state and federal levels are best used, all of the same being
5contemplated within the provisions of the Illinois State
6Constitution of 1970 which provides that "A fundamental goal
7of the People of the State is the educational development of
8all persons to the limits of their capacities." Therefore, on
9July 1, 2006, the Department of Corrections school district
10shall be transferred to the Department of Juvenile Justice. It
11shall be responsible for the education of youth within the
12Department of Juvenile Justice and inmates age 21 or under
13within the Department of Corrections who have not yet earned a
14high school diploma or a State of Illinois High School Diploma
15high school equivalency certificate, and the district may
16establish primary, secondary, vocational, adult, special, and
17advanced educational schools as provided in this Act. The
18Department of Corrections retains authority as provided for in
19subsection (d) of Section 3-6-2 of the Unified Code of
20Corrections. The Board of Education for this district shall
21with the aid and advice of professional educational personnel
22of the Department of Juvenile Justice and the State Board of
23Education determine the needs and type of schools and the
24curriculum for each school within the school district and may
25proceed to establish the same through existing means within
26present and future appropriations, federal and state school

 

 

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1funds, vocational rehabilitation grants and funds and all
2other funds, gifts and grants, private or public, including
3federal funds, but not exclusive to the said sources but
4inclusive of all funds which might be available for school
5purposes.
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
10person having custody or control of a child who is below the
11age of 7 years or is 17 years of age or above and who is
12enrolled in any of grades kindergarten through 12 in the
13public school shall cause him to attend the public school in
14the district wherein he resides when it is in session during
15the regular school term, unless he is excused under paragraph
162, 3, 4, 5, or 6 of Section 26-1. Beginning with the 2014-2015
17school year, any person having custody or control of a child
18who is below the age of 6 years or is 17 years of age or above
19and who is enrolled in any of grades kindergarten through 12 in
20the public school shall cause the child to attend the public
21school in the district wherein he or she resides when it is in
22session during the regular school term, unless the child is
23excused under paragraph 2, 3, 4, 5, or 6 of Section 26-1 of
24this Code.
25    (b) A school district shall deny reenrollment in its

 

 

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1secondary schools to any child 19 years of age or above who has
2dropped out of school and who could not, because of age and
3lack of credits, attend classes during the normal school year
4and graduate before his or her twenty-first birthday. A
5district may, however, enroll the child in a graduation
6incentives program under Section 26-16 of this Code or an
7alternative learning opportunities program established under
8Article 13B. No child shall be denied reenrollment for the
9above reasons unless the school district first offers the
10child due process as required in cases of expulsion under
11Section 10-22.6. If a child is denied reenrollment after being
12provided with due process, the school district must provide
13counseling to that child and must direct that child to
14alternative educational programs, including adult education
15programs, that lead to graduation or receipt of a State of
16Illinois High School Diploma high school equivalency
17certificate.
18    (c) A school or school district may deny enrollment to a
19student 17 years of age or older for one semester for failure
20to meet minimum attendance standards if all of the following
21conditions 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

 

 

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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
13student (or reenrollment to a dropout) who is at least 17 years
14of age or older but below 19 years for more than one
15consecutive semester for failure to meet attendance standards.
16    (d) No child may be denied reenrollment under this Section
17in violation of the federal Individuals with Disabilities
18Education Act or the Americans with Disabilities Act.
19    (e) In this subsection (e), "reenrolled student" means a
20dropout who has reenrolled full-time in a public school. Each
21school district shall identify, track, and report on the
22educational progress and outcomes of reenrolled students as a
23subset of the district's required reporting on all
24enrollments. A reenrolled student who again drops out must not
25be counted again against a district's dropout rate performance
26measure. The State Board of Education shall set performance

 

 

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1standards for programs serving reenrolled students.
2    (f) The State Board of Education shall adopt any rules
3necessary to implement the changes to this Section made by
4Public Act 93-803.
5(Source: P.A. 100-825, eff. 8-13-18.)
 
6    Section 25. The Public University Uniform Admission Pilot
7Program 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
12education" means a course of study at the secondary school
13level in a nonaccredited private school setting.
14    (b) Because the State of Illinois considers successful
15completion of a nonaccredited secondary education to be
16equivalent to graduation from a public high school, an
17institution, in complying with this Act and for all other
18purposes, must treat an applicant for admission to the
19institution as an undergraduate student who presents evidence
20that he or she has successfully completed a nonaccredited
21secondary education according to the same general standards,
22including specific standardized testing score requirements, as
23other applicants for undergraduate admission who have
24graduated from a public high school.

 

 

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1    (c) An institution may not require an applicant for
2admission to the institution as an undergraduate student who
3presents evidence that he or she has successfully completed a
4nonaccredited 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
15institution in its undergraduate admission review process
16sorts or is required to sort applicants by high school
17graduating class rank, the institution shall place any
18applicant who presents evidence that the applicant has
19successfully completed a nonaccredited secondary education
20that does not include a high school graduating class ranking
21at the average high school graduating class rank of
22undergraduate applicants to the institution who have
23equivalent standardized testing scores as the applicant.
24    (e) Notwithstanding any other provision of this Act, with
25respect to admission into the institution or any program
26within the institution, with respect to scholarship programs,

 

 

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1and with respect to other terms and conditions, and in
2complying with this Act, an institution may not treat an
3applicant who has successfully completed a nonaccredited
4secondary education that does not include a high school
5graduating class ranking differently than an applicant who
6graduated 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
9changing Section 2-22 as follows:
 
10    (110 ILCS 805/2-22)
11    Sec. 2-22. High school equivalency testing certificates.
12On the effective date of this amendatory Act of the 94th
13General Assembly, all powers and duties of the State Board of
14Education and State Superintendent of Education with regard to
15high school equivalency testing certificates under the School
16Code shall be transferred to the Illinois Community College
17Board. Within a reasonable period of time after that date, all
18assets, liabilities, contracts, property, records, pending
19business, and unexpended appropriations of the State Board of
20Education with regard to high school equivalency testing
21certificates shall be transferred to the Illinois Community
22College Board. The Illinois Community College Board may adopt
23any rules necessary to carry out its responsibilities under
24the School Code with regard to high school equivalency testing

 

 

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1certificates and to carry into efficient and uniform effect
2the provisions for the issuance of State of Illinois High
3School Diplomas high school equivalency certificates in this
4State. All rules, standards, and procedures adopted by the
5State Board of Education under the School Code with regard to
6high school equivalency testing certificates shall continue in
7effect as the rules, standards, and procedures of the Illinois
8Community College Board, until they are modified by the
9Illinois Community College Board.
10(Source: P.A. 94-108, eff. 7-1-05.)
 
11    Section 35. The Higher Education Student Assistance Act is
12amended by changing Sections 50, 52, and 62 as follows:
 
13    (110 ILCS 947/50)
14    Sec. 50. Minority Teachers of Illinois scholarship
15program.
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

 

 

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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

 

 

SB3792- 37 -LRB102 25808 CMG 35148 b

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
22minority students to pursue teaching careers at the preschool
23or elementary or secondary school level and to address and
24alleviate the teacher shortage crisis in this State described
25under the provisions of the Transitions in Education Act, each
26qualified student shall be awarded a minority teacher

 

 

SB3792- 38 -LRB102 25808 CMG 35148 b

1scholarship to any qualified Illinois institution of higher
2learning. However, preference may be given to qualified
3applicants enrolled at or above the junior level.
4    (c) Each minority teacher scholarship awarded under this
5Section shall be in an amount sufficient to pay the tuition and
6fees and room and board costs of the qualified Illinois
7institution of higher learning at which the recipient is
8enrolled, up to an annual maximum of $5,000; except that in the
9case of a recipient who does not reside on-campus at the
10institution at which he or she is enrolled, the amount of the
11scholarship shall be sufficient to pay tuition and fee
12expenses and a commuter allowance, up to an annual maximum of
13$5,000. However, if at least $2,850,000 is appropriated in a
14given fiscal year for the Minority Teachers of Illinois
15scholarship program, then, in each fiscal year thereafter,
16each scholarship awarded under this Section shall be in an
17amount sufficient to pay the tuition and fees and room and
18board costs of the qualified Illinois institution of higher
19learning at which the recipient is enrolled, up to an annual
20maximum of $7,500; except that in the case of a recipient who
21does not reside on-campus at the institution at which he or she
22is enrolled, the amount of the scholarship shall be sufficient
23to pay tuition and fee expenses and a commuter allowance, up to
24an annual maximum of $7,500.
25    (d) The total amount of minority teacher scholarship
26assistance awarded by the Commission under this Section to an

 

 

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1individual in any given fiscal year, when added to other
2financial assistance awarded to that individual for that year,
3shall not exceed the cost of attendance at the institution at
4which the student is enrolled. If the amount of minority
5teacher scholarship to be awarded to a qualified student as
6provided in subsection (c) of this Section exceeds the cost of
7attendance at the institution at which the student is
8enrolled, the minority teacher scholarship shall be reduced by
9an amount equal to the amount by which the combined financial
10assistance available to the student exceeds the cost of
11attendance.
12    (e) The maximum number of academic terms for which a
13qualified student can receive minority teacher scholarship
14assistance shall be 8 semesters or 12 quarters.
15    (f) In any academic year for which an eligible applicant
16under this Section accepts financial assistance through the
17Paul Douglas Teacher Scholarship Program, as authorized by
18Section 551 et seq. of the Higher Education Act of 1965, the
19applicant shall not be eligible for scholarship assistance
20awarded under this Section.
21    (g) All applications for minority teacher scholarships to
22be awarded under this Section shall be made to the Commission
23on forms which the Commission shall provide for eligible
24applicants. The form of applications and the information
25required to be set forth therein shall be determined by the
26Commission, and the Commission shall require eligible

 

 

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1applicants to submit with their applications such supporting
2documents or recommendations as the Commission deems
3necessary.
4    (h) Subject to a separate appropriation for such purposes,
5payment of any minority teacher scholarship awarded under this
6Section shall be determined by the Commission. All scholarship
7funds distributed in accordance with this subsection shall be
8paid to the institution and used only for payment of the
9tuition and fee and room and board expenses incurred by the
10student in connection with his or her attendance at a
11qualified Illinois institution of higher learning. Any
12minority teacher scholarship awarded under this Section shall
13be applicable to 2 semesters or 3 quarters of enrollment. If a
14qualified student withdraws from enrollment prior to
15completion of the first semester or quarter for which the
16minority teacher scholarship is applicable, the school shall
17refund to the Commission the full amount of the minority
18teacher scholarship.
19    (i) The Commission shall administer the minority teacher
20scholarship aid program established by this Section and shall
21make all necessary and proper rules not inconsistent with this
22Section for its effective implementation.
23    (j) When an appropriation to the Commission for a given
24fiscal year is insufficient to provide scholarships to all
25qualified students, the Commission shall allocate the
26appropriation in accordance with this subsection. If funds are

 

 

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1insufficient to provide all qualified students with a
2scholarship as authorized by this Section, the Commission
3shall allocate the available scholarship funds for that fiscal
4year to qualified students who submit a complete application
5form on or before a date specified by the Commission based on
6the 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
14least 35% of the funds appropriated for scholarships awarded
15under this Section in each fiscal year shall be reserved for
16qualified male minority applicants, with priority being given
17to qualified Black male applicants beginning with fiscal year
182023. If the Commission does not receive enough applications
19from qualified male minorities on or before January 1 of each
20fiscal year to award 35% of the funds appropriated for these
21scholarships to qualified male minority applicants, then the
22Commission may award a portion of the reserved funds to
23qualified female minority applicants in accordance with
24subsection (j).
25    Beginning with fiscal year 2023, if at least $2,850,000
26but less than $4,200,000 is appropriated in a given fiscal

 

 

SB3792- 42 -LRB102 25808 CMG 35148 b

1year for scholarships awarded under this Section, then at
2least 10% of the funds appropriated shall be reserved for
3qualified bilingual minority applicants, with priority being
4given to qualified bilingual minority applicants who are
5enrolled in an educator preparation program with a
6concentration in bilingual, bicultural education. Beginning
7with fiscal year 2023, if at least $4,200,000 is appropriated
8in a given fiscal year for the Minority Teachers of Illinois
9scholarship program, then at least 30% of the funds
10appropriated shall be reserved for qualified bilingual
11minority applicants, with priority being given to qualified
12bilingual minority applicants who are enrolled in an educator
13preparation program with a concentration in bilingual,
14bicultural education. Beginning with fiscal year 2023, if at
15least $2,850,000 is appropriated in a given fiscal year for
16scholarships awarded under this Section but the Commission
17does not receive enough applications from qualified bilingual
18minority applicants on or before January 1 of that fiscal year
19to award at least 10% of the funds appropriated to qualified
20bilingual minority applicants, then the Commission may, in its
21discretion, award a portion of the reserved funds to other
22qualified students in accordance with subsection (j).
23    (l) Prior to receiving scholarship assistance for any
24academic year, each recipient of a minority teacher
25scholarship awarded under this Section shall be required by
26the Commission to sign an agreement under which the recipient

 

 

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1pledges that, within the one-year period following the
2termination of the program for which the recipient was awarded
3a minority teacher scholarship, the recipient (i) shall begin
4teaching for a period of not less than one year for each year
5of scholarship assistance he or she was awarded under this
6Section; (ii) shall fulfill this teaching obligation at a
7nonprofit Illinois public, private, or parochial preschool,
8elementary school, or secondary school at which no less than
930% of the enrolled students are minority students in the year
10during which the recipient begins teaching at the school or
11may instead, if the recipient received a scholarship as a
12qualified bilingual minority applicant, fulfill this teaching
13obligation in a program in transitional bilingual education
14pursuant to Article 14C of the School Code or in a school in
15which 20 or more English learner students in the same language
16classification are enrolled; and (iii) shall, upon request by
17the Commission, provide the Commission with evidence that he
18or she is fulfilling or has fulfilled the terms of the teaching
19agreement provided for in this subsection.
20    (m) If a recipient of a minority teacher scholarship
21awarded under this Section fails to fulfill the teaching
22obligation set forth in subsection (l) of this Section, the
23Commission shall require the recipient to repay the amount of
24the scholarships received, prorated according to the fraction
25of the teaching obligation not completed, at a rate of
26interest equal to 5%, and, if applicable, reasonable

 

 

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1collection fees. The Commission is authorized to establish
2rules relating to its collection activities for repayment of
3scholarships under this Section. All repayments collected
4under this Section shall be forwarded to the State Comptroller
5for deposit into the State's General Revenue Fund.
6    (n) A recipient of minority teacher scholarship shall not
7be considered in violation of the agreement entered into
8pursuant to subsection (l) if the recipient (i) enrolls on a
9full time basis as a graduate student in a course of study
10related to the field of teaching at a qualified Illinois
11institution of higher learning; (ii) is serving, not in excess
12of 3 years, as a member of the armed services of the United
13States; (iii) is a person with a temporary total disability
14for a period of time not to exceed 3 years as established by
15sworn affidavit of a qualified physician; (iv) is seeking and
16unable to find full time employment as a teacher at an Illinois
17public, private, or parochial preschool or elementary or
18secondary school that satisfies the criteria set forth in
19subsection (l) of this Section and is able to provide evidence
20of that fact; (v) becomes a person with a permanent total
21disability as established by sworn affidavit of a qualified
22physician; (vi) is taking additional courses, on at least a
23half-time basis, needed to obtain licensure as a teacher in
24Illinois; or (vii) is fulfilling teaching requirements
25associated with other programs administered by the Commission
26and cannot concurrently fulfill them under this Section in a

 

 

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1period of time equal to the length of the teaching obligation.
2    (o) Scholarship recipients under this Section who withdraw
3from a program of teacher education but remain enrolled in
4school to continue their postsecondary studies in another
5academic discipline shall not be required to commence
6repayment of their Minority Teachers of Illinois scholarship
7so long as they remain enrolled in school on a full-time basis
8or if they can document for the Commission special
9circumstances that warrant extension of repayment.
10    (p) If the Minority Teachers of Illinois scholarship
11program does not expend at least 90% of the amount
12appropriated for the program in a given fiscal year for 3
13consecutive fiscal years and the Commission does not receive
14enough applications from the groups identified in subsection
15(k) on or before January 1 in each of those fiscal years to
16meet the percentage reserved for those groups under subsection
17(k), then up to 3% of amount appropriated for the program for
18each of next 3 fiscal years shall be allocated to increasing
19awareness of the program and for the recruitment of Black male
20applicants. The Commission shall make a recommendation to the
21General Assembly by January 1 of the year immediately
22following the end of that third fiscal year regarding whether
23the amount allocated to increasing awareness and recruitment
24should continue.
25    (q) Each qualified Illinois institution of higher learning
26that receives funds from the Minority Teachers of Illinois

 

 

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1scholarship program shall host an annual information session
2at the institution about the program for teacher candidates of
3color in accordance with rules adopted by the Commission.
4Additionally, the institution shall ensure that each
5scholarship recipient enrolled at the institution meets with
6an academic advisor at least once per academic year to
7facilitate on-time completion of the recipient's educator
8preparation program.
9    (r) The changes made to this Section by Public Act 101-654
10this amendatory Act of the 101st General Assembly will first
11take 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;
13revised 9-28-21.)
 
14    (110 ILCS 947/52)
15    Sec. 52. Golden Apple Scholars of Illinois Program; Golden
16Apple Foundation for Excellence in Teaching.
17    (a) In this Section, "Foundation" means the Golden Apple
18Foundation for Excellence in Teaching, a registered 501(c)(3)
19not-for-profit corporation.
20    (a-2) In order to encourage academically talented Illinois
21students, especially minority students, to pursue teaching
22careers, especially in teacher shortage disciplines (which
23shall be defined to include early childhood education) or at
24hard-to-staff schools (as defined by the Commission in
25consultation with the State Board of Education), to provide

 

 

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1those students with the crucial mentoring, guidance, and
2in-service support that will significantly increase the
3likelihood that they will complete their full teaching
4commitments and elect to continue teaching in targeted
5disciplines and hard-to-staff schools, and to ensure that
6students in this State will continue to have access to a pool
7of highly-qualified teachers, each qualified student shall be
8awarded a Golden Apple Scholars of Illinois Program
9scholarship to any Illinois institution of higher learning.
10The Commission shall administer the Golden Apple Scholars of
11Illinois Program, which shall be managed by the Foundation
12pursuant to the terms of a grant agreement meeting the
13requirements of Section 4 of the Illinois Grant Funds Recovery
14Act.
15    (a-3) For purposes of this Section, a qualified student
16shall 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

 

 

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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
8Illinois Program shall be used by the Commission for the
9payment of scholarship assistance under this Section or for
10the award of grant funds, subject to the Illinois Grant Funds
11Recovery Act, to the Foundation. Subject to appropriation,
12awards of grant funds to the Foundation shall be made on an
13annual basis and following an application for grant funds by
14the Foundation.
15    (b-10) Each year, the Foundation shall include in its
16application to the Commission for grant funds an estimate of
17the amount of scholarship assistance to be provided to
18qualified students during the grant period. Any amount of
19appropriated funds exceeding the estimated amount of
20scholarship assistance may be awarded by the Commission to the
21Foundation for management expenses expected to be incurred by
22the Foundation in providing the mentoring, guidance, and
23in-service supports that will increase the likelihood that
24qualified students will complete their teaching commitments
25and elect to continue teaching in hard-to-staff schools. If
26the estimate of the amount of scholarship assistance described

 

 

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1in the Foundation's application is less than the actual amount
2required for the award of scholarship assistance to qualified
3students, the Foundation shall be responsible for using
4awarded grant funds to ensure all qualified students receive
5scholarship assistance under this Section.
6    (b-15) All grant funds not expended or legally obligated
7within the time specified in a grant agreement between the
8Foundation and the Commission shall be returned to the
9Commission within 45 days. Any funds legally obligated by the
10end of a grant agreement shall be liquidated within 45 days or
11otherwise returned to the Commission within 90 days after the
12end of the grant agreement that resulted in the award of grant
13funds.
14    (c) Each scholarship awarded under this Section shall be
15in an amount sufficient to pay the tuition and fees and room
16and board costs of the Illinois institution of higher learning
17at 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
19reside on-campus at the institution of higher learning at
20which he or she is enrolled, the amount of the scholarship
21shall be sufficient to pay tuition and fee expenses and a
22commuter allowance, up to an annual maximum of $5,000. All
23scholarship funds distributed in accordance with this Section
24shall be paid to the institution on behalf of recipients.
25    (d) The total amount of scholarship assistance awarded by
26the Commission under this Section to an individual in any

 

 

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1given fiscal year, when added to other financial assistance
2awarded to that individual for that year, shall not exceed the
3cost of attendance at the institution of higher learning at
4which the student is enrolled. In any academic year for which a
5qualified student under this Section accepts financial
6assistance through any other teacher scholarship program
7administered by the Commission, a qualified student shall not
8be eligible for scholarship assistance awarded under this
9Section.
10    (e) A recipient may receive up to 8 semesters or 12
11quarters of scholarship assistance under this Section.
12Scholarship funds are applicable toward 2 semesters or 3
13quarters of enrollment each academic year.
14    (f) All applications for scholarship assistance to be
15awarded under this Section shall be made to the Foundation in a
16form determined by the Foundation. Each year, the Foundation
17shall notify the Commission of the individuals awarded
18scholarship assistance under this Section. Each year, at least
1930% of the Golden Apple Scholars of Illinois Program
20scholarships shall be awarded to students residing in counties
21having a population of less than 500,000.
22    (g) (Blank).
23    (h) The Commission shall administer the payment of
24scholarship assistance provided through the Golden Apple
25Scholars of Illinois Program and shall make all necessary and
26proper rules not inconsistent with this Section for the

 

 

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1effective implementation of this Section.
2    (i) Prior to receiving scholarship assistance for any
3academic year, each recipient of a scholarship awarded under
4this Section shall be required by the Foundation to sign an
5agreement under which the recipient pledges that, within the
62-year period following the termination of the academic
7program for which the recipient was awarded a scholarship, the
8recipient: (i) shall begin teaching for a period of not less
9than 5 years, (ii) shall fulfill this teaching obligation at a
10nonprofit Illinois public, private, or parochial preschool or
11an Illinois public elementary or secondary school that
12qualifies for teacher loan cancellation under Section
13465(a)(2)(A) of the federal Higher Education Act of 1965 (20
14U.S.C. 1087ee(a)(2)(A)) or other Illinois schools deemed
15eligible for fulfilling the teaching commitment as designated
16by the Foundation, and (iii) shall, upon request of the
17Foundation, provide the Foundation with evidence that he or
18she is fulfilling or has fulfilled the terms of the teaching
19agreement provided for in this subsection. Upon request, the
20Foundation shall provide evidence of teacher fulfillment to
21the Commission.
22    (j) If a recipient of a scholarship awarded under this
23Section fails to fulfill the teaching obligation set forth in
24subsection (i) of this Section, the Commission shall require
25the recipient to repay the amount of the scholarships
26received, prorated according to the fraction of the teaching

 

 

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1obligation not completed, plus interest at a rate of 5% and if
2applicable, reasonable collection fees. Payments received by
3the Commission under this subsection (j) shall be remitted to
4the State Comptroller for deposit into the General Revenue
5Fund, except that that portion of a recipient's repayment that
6equals the amount in expenses that the Commission has
7reasonably incurred in attempting collection from that
8recipient shall be remitted to the State Comptroller for
9deposit into the Commission's Accounts Receivable Fund.
10    (k) A recipient of a scholarship awarded by the Foundation
11under this Section shall not be considered to have failed to
12fulfill the teaching obligations of the agreement entered into
13pursuant to subsection (i) if the recipient (i) enrolls on a
14full-time basis as a graduate student in a course of study
15related to the field of teaching at an institution of higher
16learning; (ii) is serving as a member of the armed services of
17the United States; (iii) is a person with a temporary total
18disability, as established by sworn affidavit of a qualified
19physician; (iv) is seeking and unable to find full-time
20employment as a teacher at a school that satisfies the
21criteria set forth in subsection (i) and is able to provide
22evidence of that fact; (v) is taking additional courses, on at
23least a half-time basis, needed to obtain certification as a
24teacher in Illinois; (vi) is fulfilling teaching requirements
25associated with other programs administered by the Commission
26and cannot concurrently fulfill them under this Section in a

 

 

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1period of time equal to the length of the teaching obligation;
2or (vii) is participating in a program established under
3Executive Order 10924 of the President of the United States or
4the federal National Community Service Act of 1990 (42 U.S.C.
512501 et seq.). Any such extension of the period during which
6the teaching requirement must be fulfilled shall be subject to
7limitations of duration as established by the Commission.
8    (l) A recipient who fails to fulfill the teaching
9obligations of the agreement entered into pursuant to
10subsection (i) of this Section shall repay the amount of
11scholarship assistance awarded to them under this Section
12within 10 years.
13    (m) Annually, at a time determined by the Commission in
14consultation with the Foundation, the Foundation shall submit
15a report to assist the Commission in monitoring the
16Foundation's performance of grant activities. The report shall
17describe 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

 

 

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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

 

 

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1        (13) other information that the Commission may
2    reasonably request.
3    (n) Nothing in this Section shall affect the rights of the
4Commission to collect moneys owed to it by recipients of
5scholarship assistance through the Illinois Future Teacher
6Corps Program, repealed by this amendatory Act of the 98th
7General Assembly.
8    (o) The Auditor General shall prepare an annual audit of
9the operations and finances of the Golden Apple Scholars of
10Illinois Program. This audit shall be provided to the
11Governor, General Assembly, and the Commission.
12    (p) The suspension of grant making authority found in
13Section 4.2 of the Illinois Grant Funds Recovery Act shall not
14apply to grants made pursuant to this Section.
15(Source: P.A. 98-533, eff. 8-23-13; 98-718, eff. 1-1-15;
1699-143, 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
21pardon from the Governor of the State of Illinois stating that
22such a pardon is issued on the grounds of innocence of the
23crime for which he or she was imprisoned or an individual who
24has received a certificate of innocence from a circuit court
25pursuant to Section 2-702 of the Code of Civil Procedure.

 

 

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1    "Satisfactory academic progress" means the qualified
2applicant's maintenance of minimum standards of academic
3performance, consistent with requirements for maintaining
4federal financial aid eligibility, as determined by the
5institution of higher learning.
6    (b) Subject to a separate appropriation for this purpose,
7the Commission shall, each year, receive and consider
8applications for grant assistance under this Section.
9Recipients of grants issued by the Commission in accordance
10with this Section must be exonerated persons. Provided that
11the recipient is maintaining satisfactory academic progress,
12the funds from the grant may be used to pay up to 8 semesters
13or 12 quarters of full payment of tuition and mandatory fees at
14any public university or public community college located in
15this State for either full or part-time study. This benefit
16may be used for undergraduate or graduate study.
17    In addition, an exonerated person who has not yet received
18a high school diploma or a State of Illinois High School
19Diploma high school equivalency certificate and completes a
20high school equivalency preparation course through an Illinois
21Community College Board-approved provider may use grant funds
22to pay costs associated with obtaining a State of Illinois
23High School Diploma high school equivalency certificate,
24including payment of the cost of the high school equivalency
25test and up to one retest on each test module, and any
26additional fees that may be required in order to obtain a State

 

 

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1of Illinois High School Diploma an Illinois High School
2Equivalency Certificate or an official transcript of test
3scores after successful completion of the high school
4equivalency test.
5    (c) An applicant for a grant under this Section need not
6demonstrate financial need to qualify for the benefits.
7    (d) The Commission may adopt any rules necessary to
8implement and administer this Section.
9(Source: P.A. 99-199, eff. 1-1-16.)
 
10    Section 40. The Illinois Insurance Code is amended by
11changing 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
16qualifications of persons to be licensed as insurance
17producers has a direct and far-reaching effect on persons
18seeking those licenses, on insurance companies, and on the
19public. It is in the public interest and it will further the
20public welfare to insure that examinations for licensing do
21not have the effect of unlawfully discriminating against
22applicants for licensing as insurance producers on the basis
23of race, color, national origin, or sex.
24    (b) As used in this Section, the following words have the

 

 

SB3792- 58 -LRB102 25808 CMG 35148 b

1meanings given in this subsection.
2    Examination. "Examination" means the examination in each
3line of insurance administered pursuant to Section 500-30.
4    Examinee. "Examinee" means a person who takes an
5examination.
6    Part. "Part" means a portion of an examination for which a
7score is calculated.
8    Operational item. "Operational item" means a test question
9considered in determining an examinee's score.
10    Test form. "Test form" means the test booklet or
11instrument used for a part of an examination.
12    Pretest item. "Pretest item" means a prospective test
13question that is included in a test form in order to assess its
14performance, but is not considered in determining an
15examinee's score.
16    Minority group or examinees. "Minority group" or "minority
17examinees" means examinees who are American Indian or Alaska
18Native, Asian, Black or African American, Hispanic or Latino,
19or Native Hawaiian or Other Pacific Islander.
20    Correct-answer rate. "Correct-answer rate" for an item
21means the number of examinees who provided the correct answer
22on an item divided by the number of examinees who answered the
23item.
24    Correlation. "Correlation" means a statistical measure of
25the relationship between performance on an item and
26performance on a part of the examination.

 

 

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1    (c) The Director shall ask each examinee to self-report on
2a voluntary basis on the answer sheet, application form, or by
3other 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
15required to provide this information, that they will not be
16penalized for not doing so, and that the Director will use the
17information provided exclusively for research and statistical
18purposes and to improve the quality and fairness of the
19examinations.
20    (d) No later than May 1 of each year, the Director must
21prepare, publicly announce, and publish an Examination Report
22of summary statistical information relating to each
23examination administered during the preceding calendar year.
24Each Examination Report shall show with respect to each
25examination:
26        (1) For all examinees combined and separately by race

 

 

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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
22and make available on request an Item Report of summary
23statistical information relating to each operational item on
24each test form administered during the preceding calendar
25year. The Item Report shall show, for each operational item,
26for all examinees combined and separately for Black or African

 

 

SB3792- 61 -LRB102 25808 CMG 35148 b

1American examinees, white examinees, American Indian or Alaska
2Native examinees, Asian examinees, Hispanic or Latino
3examinees, and Native Hawaiian or Other Pacific Islander, the
4correct-answer rates and correlations.
5    The Director is not required to report separate
6statistical information for any group or subgroup comprising
7fewer than 50 examinees.
8    (e) The Director must obtain a regular analysis of the
9data collected under this Section, and any other relevant
10information, for purposes of the development of new test
11forms. The analysis shall continue the implementation of the
12item selection methodology as recommended in the Final Report
13of the Illinois Insurance Producer's Licensing Examination
14Advisory Committee dated November 19, 1991, and filed with the
15Department unless some other methodology is determined by the
16Director to be as effective in minimizing differences between
17white and minority examinee pass-fail rates.
18    (f) The Director has the discretion to set cutoff scores
19for the examinations, provided that scaled scores on test
20forms administered after July 1, 1993, shall be made
21comparable to scaled scores on test forms administered in 1991
22by use of professionally acceptable methods so as to minimize
23changes in passing rates related to the presence or absence of
24or changes in equating or scaling equations or methods or
25content outlines. Each calendar year, the scaled cutoff score
26for each part of each examination shall fluctuate by no more

 

 

SB3792- 62 -LRB102 25808 CMG 35148 b

1than the standard error of measurement from the scaled cutoff
2score employed during the preceding year.
3    (g) No later than May 1, 2003 and no later than May 1 of
4every fourth year thereafter, the Director must release to the
5public and make generally available one representative test
6form and set of answer keys for each part of each examination.
7    (h) The Director must maintain, for a period of 3 years
8after they are prepared or used, all registration forms, test
9forms, answer sheets, operational items and pretest items,
10item analyses, and other statistical analyses relating to the
11examinations. All personal identifying information regarding
12examinees and the content of test items must be maintained
13confidentially as necessary for purposes of protecting the
14personal privacy of examinees and the maintenance of test
15security.
16    (i) In administering the examinations, the Director must
17make such accommodations for examinees with disabilities as
18are reasonably warranted by the particular disability
19involved, including the provision of additional time if
20necessary to complete an examination or special assistance in
21taking 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.

 

 

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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
19Section 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
23licensure by examination to practice as a licensed medication
24aide must:

 

 

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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

 

 

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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
11changing 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
16registered pharmacy technician who is of the age of 16 or over,
17has not engaged in conduct or behavior determined to be
18grounds for discipline under this Act, is attending or has
19graduated from an accredited high school or comparable school
20or educational institution or received a State of Illinois
21High School Diploma high school equivalency certificate, and
22has filed a written or electronic application for licensure on
23a form to be prescribed and furnished by the Department for
24that purpose. The Department shall issue a license as a

 

 

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1registered pharmacy technician to any applicant who has
2qualified as aforesaid, and such license shall be the sole
3authority required to assist licensed pharmacists in the
4practice of pharmacy, under the supervision of a licensed
5pharmacist. A registered pharmacy technician may be delegated
6to perform any task within the practice of pharmacy if
7specifically trained for that task, except for patient
8counseling, drug regimen review, or clinical conflict
9resolution.
10    (b) Beginning on January 1, 2017, within 2 years after
11initial licensure as a registered pharmacy technician, the
12licensee must meet the requirements described in Section 9.5
13of this Act and become licensed as a registered certified
14pharmacy technician. If the licensee has not yet attained the
15age of 18, then upon the next renewal as a registered pharmacy
16technician, the licensee must meet the requirements described
17in Section 9.5 of this Act and become licensed as a registered
18certified pharmacy technician. This requirement does not apply
19to pharmacy technicians registered prior to January 1, 2008.
20    (c) Any person registered as a pharmacy technician who is
21also enrolled in a first professional degree program in
22pharmacy in a school or college of pharmacy or a department of
23pharmacy of a university approved by the Department or has
24graduated from such a program within the last 18 months, shall
25be considered a "student pharmacist" and entitled to use the
26title "student pharmacist". A student pharmacist must meet all

 

 

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1of the requirements for licensure as a registered pharmacy
2technician set forth in this Section excluding the requirement
3of certification prior to the second license renewal and pay
4the required registered pharmacy technician license fees. A
5student pharmacist may, under the supervision of a pharmacist,
6assist in the practice of pharmacy and perform any and all
7functions delegated to him or her by the pharmacist.
8    (d) Any person seeking licensure as a pharmacist who has
9graduated from a pharmacy program outside the United States
10must register as a pharmacy technician and shall be considered
11a "student pharmacist" and be entitled to use the title
12"student pharmacist" while completing the 1,200 clinical hours
13of training approved by the Board of Pharmacy described and
14for no more than 18 months after completion of these hours.
15These individuals are not required to become registered
16certified pharmacy technicians while completing their Board
17approved clinical training, but must become licensed as a
18pharmacist or become licensed as a registered certified
19pharmacy technician before the second pharmacy technician
20license renewal following completion of the Board approved
21clinical training.
22    (e) The Department shall not renew the registered pharmacy
23technician license of any person who has been licensed as a
24registered pharmacy technician with the designation "student
25pharmacist" who: (1) has dropped out of or been expelled from
26an ACPE accredited college of pharmacy; (2) has failed to

 

 

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1complete his or her 1,200 hours of Board approved clinical
2training within 24 months; or (3) has failed the pharmacist
3licensure examination 3 times. The Department shall require
4these individuals to meet the requirements of and become
5licensed as a registered certified pharmacy technician.
6    (f) The Department may take any action set forth in
7Section 30 of this Act with regard to a license pursuant to
8this Section.
9    (g) Any person who is enrolled in a non-traditional
10Pharm.D. program at an ACPE accredited college of pharmacy and
11is licensed as a registered pharmacist under the laws of
12another United States jurisdiction shall be permitted to
13engage in the program of practice experience required in the
14academic program by virtue of such license. Such person shall
15be exempt from the requirement of licensure as a registered
16pharmacy technician or registered certified pharmacy
17technician while engaged in the program of practice experience
18required in the academic program.
19    An applicant for licensure as a registered pharmacy
20technician may assist a pharmacist in the practice of pharmacy
21for a period of up to 60 days prior to the issuance of a
22license if the applicant has submitted the required fee and an
23application for licensure to the Department. The applicant
24shall keep a copy of the submitted application on the premises
25where the applicant is assisting in the practice of pharmacy.
26The Department shall forward confirmation of receipt of the

 

 

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1application with start and expiration dates of practice
2pending 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
5changing 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
9apply any general use or restricted pesticide while engaged in
10commercial structural pest control in this State unless the
11individual is engaged in or has completed the training
12requirements prescribed by the Department and is certified, or
13supervised by someone who is certified, by the Department in
14accordance with this Section.
15    No individual shall apply any restricted pesticide while
16engaged in non-commercial structural pest control in this
17State unless the individual is engaged in or has completed the
18training requirements prescribed by the Department and is
19certified or supervised by someone who is certified in
20accordance with this Section. In addition, any individual at
21any non-commercial structural pest control location using
22general use pesticides shall comply with the labeling
23requirements of the pesticides used at that location.
24    Each commercial structural pest control location shall be

 

 

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1required to employ at least one certified technician at each
2location. In addition, each non-commercial structural pest
3control location utilizing restricted pesticides shall be
4required to employ at least one certified technician at each
5location. Individuals who are not certified technicians may
6work under the supervision of a certified technician employed
7at the commercial or non-commercial location who shall be
8responsible for their pest control activities. Any technician
9providing supervision for the use of restricted pesticides
10must be certified in the sub-category for which he is
11providing supervision.
12    A. Any individual engaging in commercial structural pest
13control 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
22structural pest control and supervising the use of restricted
23pesticides in any one of the sub-categories in Section 7 of
24this Act must:
25        1. be at least 18 years of age;
26        2. hold a high school diploma or a State of Illinois

 

 

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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
13and paid the fee required for examination. Every applicant who
14successfully passes the General Standards examination and at
15least one sub-category examination shall be certified in each
16sub-category which he has successfully passed.
17    A certified technician who wishes to be certified in
18sub-categories for which he has not been previously certified
19may apply for any sub-category examination provided he meets
20the requirements set forth in this Section, files an original
21application, and pays the fee for examination.
22    An applicant who fails to pass the General Standards
23examination or any sub-category examination may reapply for
24that examination, provided that he files an application and
25pays the fee required for an original examination.
26Re-examination applications shall be on forms prescribed by

 

 

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1the Department.
2(Source: P.A. 100-716, eff. 8-3-18.)
 
3    Section 60. The Community Association Manager Licensing
4and Disciplinary Act is amended by changing Section 40 as
5follows:
 
6    (225 ILCS 427/40)
7    (Section scheduled to be repealed on January 1, 2027)
8    Sec. 40. Qualifications for licensure as a community
9association manager.
10    (a) No person shall be qualified for licensure as a
11community association manager under this Act unless the person
12has applied in writing on the prescribed forms and has paid the
13required, nonrefundable fees and has met all of the following
14qualifications:
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.

 

 

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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
22to complete the application process. If the process has not
23been completed within the 3 years, the application shall be
24denied, the fee shall be forfeited, and the applicant must
25reapply and meet the requirements in effect at the time of
26re-application.

 

 

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1    (e) The Department shall not require applicants to report
2the following information and shall not consider the following
3criminal history records in connection with an application for
4licensure:
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
26Department, in a manner prescribed by the Department, and

 

 

SB3792- 75 -LRB102 25808 CMG 35148 b

1within 30 days after the occurrence if during the term of
2licensure: (i) any conviction of or plea of guilty or nolo
3contendere to forgery, embezzlement, obtaining money under
4false pretenses, larceny, extortion, conspiracy to defraud, or
5any similar offense or offenses or any conviction of a felony
6involving moral turpitude; (ii) the entry of an administrative
7sanction by a government agency in this State or any other
8jurisdiction that has as an essential element dishonesty or
9fraud or involves larceny, embezzlement, or obtaining money,
10property, or credit by false pretenses; or (iii) any
11conviction of or plea of guilty or nolo contendere to a crime
12that subjects the licensee to compliance with the requirements
13of 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
16changing 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
21inspector 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

 

 

SB3792- 76 -LRB102 25808 CMG 35148 b

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
18the following information and shall not consider the following
19criminal history records in connection with an application for
20licensure 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

 

 

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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
16Department, in a manner prescribed by the Department, upon
17application and within 30 days after the occurrence, if during
18the term of licensure, (i) any conviction of or plea of guilty
19or nolo contendere to forgery, embezzlement, obtaining money
20under false pretenses, larceny, extortion, conspiracy to
21defraud, or any similar offense or offenses or any conviction
22of a felony involving moral turpitude, (ii) the entry of an
23administrative sanction by a government agency in this State
24or any other jurisdiction that has as an essential element
25dishonesty or fraud or involves larceny, embezzlement, or
26obtaining money, property, or credit by false pretenses, or

 

 

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1(iii) a crime that subjects the licensee to compliance with
2the requirements of the Sex Offender Registration Act.
3    (d) Applicants have 3 years after the date of the
4application to complete the application process. If the
5process has not been completed within 3 years, the application
6shall be denied, the fee forfeited, and the applicant must
7reapply and meet the requirements in effect at the time of
8reapplication.
9(Source: P.A. 102-20, eff. 1-1-22.)
 
10    Section 70. The Real Estate License Act of 2000 is amended
11by 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
15leasing agent; continuing education.
16    (a) Every applicant for licensure as a residential leasing
17agent 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

 

 

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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
26covered by this Act without a valid license and until a valid

 

 

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1sponsorship has been registered with the Department.
2    (c) Successfully completed course work, completed pursuant
3to the requirements of this Section, may be applied to the
4course work requirements to obtain a managing broker's or
5broker's license as provided by rule. The Board may recommend
6to the Department and the Department may adopt requirements
7for approved courses, course content, and the approval of
8courses, instructors, and education providers, as well as
9education provider and instructor fees. The Department may
10establish continuing education requirements for residential
11licensed leasing agents, by rule, consistent with the language
12and intent of this Act, with the advice of the Board.
13    (d) The continuing education requirement for residential
14leasing agents shall consist of a single core curriculum to be
15prescribed by the Department as recommended by the Board.
16Leasing agents shall be required to complete no less than 8
17hours of continuing education in the core curriculum for each
182-year renewal period. The curriculum shall, at a minimum,
19consist of a single course or courses on the subjects of fair
20housing and human rights issues related to residential
21leasing, advertising and marketing issues, leases,
22applications, credit reports, and criminal history, the
23handling of funds, owner-tenant relationships and owner-tenant
24laws, and environmental issues relating to residential real
25estate.
26(Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
 

 

 

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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
5the 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

 

 

SB3792- 82 -LRB102 25808 CMG 35148 b

1subsection (a) of this Section do not apply to applicants who
2are currently admitted to practice law by the Supreme Court of
3Illinois and are currently in active standing.
4    (c) No applicant shall engage in any of the activities
5covered by this Act until a valid sponsorship has been
6registered with the Department.
7    (d) All licenses should be readily available to the public
8at the licensee's place of business.
9    (e) An individual holding an active license as a managing
10broker may, upon written request to the Department,
11permanently and irrevocably place his or her managing broker
12license on inactive status and shall be issued a broker's
13license in exchange. Any individual obtaining a broker's
14license under this subsection (e) shall be considered as
15having obtained a broker's license by education and passing
16the required test and shall be treated as such in determining
17compliance 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
22broker.
23    (a) Every applicant for licensure as a managing broker
24must meet the following qualifications:
25        (1) be at least 20 years of age;

 

 

SB3792- 83 -LRB102 25808 CMG 35148 b

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
25currently admitted to practice law by the Supreme Court of
26Illinois and are currently in active standing.

 

 

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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
3changing 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
6Training Programs.
7    (a) A parent or parents and a child age 16 or over not in
8regular attendance in school, as defined in Section 4-1.1 as
9that Section existed on August 26, 1969 (the effective date of
10Public Act 76-1047), for whom education and training is
11suitable, must participate in the educational and vocational
12training programs provided pursuant to Article IXA.
13    (b) A parent who is less than 20 years of age and who has
14not received a high school diploma or State of Illinois High
15School Diploma high school equivalency certificate is required
16to be enrolled in school or in an educational program that is
17expected to result in the receipt of a high school diploma or
18State of Illinois High School Diploma high school equivalency
19certificate, except 18 and 19 year old parents may be assigned
20to work activities or training if it is determined based on an
21individualized assessment that secondary school is
22inappropriate.
23(Source: P.A. 89-6, eff. 3-6-95; 90-17, eff. 7-1-97.)
 

 

 

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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
4eligibility under Article IV, as determined by rule, the
5Illinois Department shall provide information in writing and
6orally regarding the education, training and employment
7program to all applicants and recipients. The information
8required shall be established by rule and shall include, but
9need 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

 

 

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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
19writing of the opportunity to volunteer to participate in the
20program.
21    (c) (Blank).
22    (d) As part of the personal plan for achieving employment
23and self-sufficiency, the Department shall conduct an
24individualized assessment of the participant's employability.
25No participant may be assigned to any component of the
26education, training and employment activity prior to such

 

 

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1assessment. The plan shall include collection of information
2on the individual's background, proficiencies, skills
3deficiencies, education level, work history, employment goals,
4interests, aptitudes, and employment preferences, as well as
5factors affecting employability or ability to meet
6participation requirements (e.g., health, physical or mental
7limitations, child care, family circumstances, domestic
8violence, sexual violence, substance use disorders, and
9special needs of any child of the individual). As part of the
10plan, individuals and Department staff shall work together to
11identify any supportive service needs required to enable the
12client to participate and meet the objectives of his or her
13employability plan. The assessment may be conducted through
14various methods such as interviews, testing, counseling, and
15self-assessment instruments. In the assessment process, the
16Department shall offer to include standard literacy testing
17and a determination of English language proficiency and shall
18provide it for those who accept the offer. Based on the
19assessment, the individual will be assigned to the appropriate
20activity. The decision will be based on a determination of the
21individual's level of preparation for employment as defined by
22rule.
23    (e) Recipients determined to be exempt may volunteer to
24participate pursuant to Section 9A-4 and must be assessed.
25    (f) As part of the personal plan for achieving employment
26and self-sufficiency under Section 4-1, an employability plan

 

 

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1for recipients shall be developed in consultation with the
2participant. The Department shall have final responsibility
3for approving the employability plan. The employability plan
4shall:
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

 

 

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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
21participant's progress and to review the employability plan on
22the 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

 

 

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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
5employability 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
8changing 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
12Illinois State Police shall begin approval of certified
13firearms instructors and enter certified firearms instructors
14into an online registry on the Illinois State Police's
15website.
16    (b) A person who is not a certified firearms instructor
17shall not teach applicant training courses or advertise or
18otherwise represent courses they teach as qualifying their
19students to meet the requirements to receive a license under
20this Act. Each violation of this subsection is a business
21offense with a fine of at least $1,000 per violation.
22    (c) A person seeking to become a certified firearms
23instructor shall:
24        (1) be at least 21 years of age;

 

 

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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
9instructor, in addition to the requirements of subsection (c)
10of 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

 

 

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1certification denied or revoked if he or she does not meet the
2requirements to obtain a license under this Act, provides
3false or misleading information to the Illinois State Police,
4or has had a prior instructor certification revoked or denied
5by the Illinois State Police.
6(Source: P.A. 102-538, eff. 8-20-21.)
 
7    Section 85. The Illinois Vehicle Code is amended by
8changing 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
12develop safe and mature driving habits in young, inexperienced
13drivers and reduce or prevent motor vehicle accidents,
14fatalities, 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.

 

 

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1    (b) The application of any person under the age of 18
2years, and not legally emancipated, for a drivers license or
3permit to operate a motor vehicle issued under the laws of this
4State, shall be accompanied by the written consent of either
5parent of the applicant; otherwise by the guardian having
6custody of the applicant, or in the event there is no parent or
7guardian, then by another responsible adult. The written
8consent must accompany any application for a driver's license
9under this subsection (b), regardless of whether or not the
10required written consent also accompanied the person's
11previous application for an instruction permit.
12    No graduated driver's license shall be issued to any
13applicant under 18 years of age, unless the applicant is at
14least 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
26applicant who is under 18 years of age and not legally

 

 

SB3792- 94 -LRB102 25808 CMG 35148 b

1emancipated, unless the applicant has graduated from a
2secondary school of this State or any other state, is enrolled
3in a course leading to a State of Illinois High School Diploma
4high school equivalency certificate, has obtained a State of
5Illinois High School Diploma high school equivalency
6certificate, is enrolled in an elementary or secondary school
7or college or university of this State or any other state and
8is not a chronic or habitual truant as provided in Section
926-2a of the School Code, or is receiving home instruction and
10submits proof of meeting any of those requirements at the time
11of application.
12    An applicant under 18 years of age who provides proof
13acceptable to the Secretary that the applicant has resumed
14regular school attendance or home instruction or that his or
15her application was denied in error shall be eligible to
16receive a graduated license if other requirements are met. The
17Secretary shall adopt rules for implementing this subsection
18(b-1).
19    (c) No graduated driver's license or permit shall be
20issued to any applicant under 18 years of age who has committed
21the offense of operating a motor vehicle without a valid
22license or permit in violation of Section 6-101 of this Code or
23a similar out of state offense and no graduated driver's
24license or permit shall be issued to any applicant under 18
25years of age who has committed an offense that would otherwise
26result in a mandatory revocation of a license or permit as

 

 

SB3792- 95 -LRB102 25808 CMG 35148 b

1provided in Section 6-205 of this Code or who has been either
2convicted of or adjudicated a delinquent based upon a
3violation of the Cannabis Control Act, the Illinois Controlled
4Substances Act, the Use of Intoxicating Compounds Act, or the
5Methamphetamine Control and Community Protection Act while
6that individual was in actual physical control of a motor
7vehicle. For purposes of this Section, any person placed on
8probation under Section 10 of the Cannabis Control Act,
9Section 410 of the Illinois Controlled Substances Act, or
10Section 70 of the Methamphetamine Control and Community
11Protection Act shall not be considered convicted. Any person
12found guilty of this offense, while in actual physical control
13of a motor vehicle, shall have an entry made in the court
14record by the judge that this offense did occur while the
15person was in actual physical control of a motor vehicle and
16order the clerk of the court to report the violation to the
17Secretary of State as such.
18    (d) No graduated driver's license shall be issued for 9
19months to any applicant under the age of 18 years who has
20committed and subsequently been convicted of an offense
21against traffic regulations governing the movement of
22vehicles, any violation of this Section or Section 12-603.1 of
23this Code, or who has received a disposition of court
24supervision for a violation of Section 6-20 of the Illinois
25Liquor Control Act of 1934 or a similar provision of a local
26ordinance.

 

 

SB3792- 96 -LRB102 25808 CMG 35148 b

1    (e) No graduated driver's license holder under the age of
218 years shall operate any motor vehicle, except a motor
3driven cycle or motorcycle, with more than one passenger in
4the front seat of the motor vehicle and no more passengers in
5the back seats than the number of available seat safety belts
6as set forth in Section 12-603 of this Code. If a graduated
7driver's license holder over the age of 18 committed an
8offense against traffic regulations governing the movement of
9vehicles or any violation of this Section or Section 12-603.1
10of this Code in the 6 months prior to the graduated driver's
11license holder's 18th birthday, and was subsequently convicted
12of the violation, the provisions of this paragraph shall
13continue to apply until such time as a period of 6 consecutive
14months has elapsed without an additional violation and
15subsequent conviction of an offense against traffic
16regulations governing the movement of vehicles or any
17violation 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
20age of 18 when he or she receives the license, for the first 12
21months he or she holds the license or until he or she reaches
22the age of 18, whichever occurs sooner, the graduated license
23holder may not operate a motor vehicle with more than one
24passenger in the vehicle who is under the age of 20, unless any
25additional passenger or passengers are siblings,
26step-siblings, children, or stepchildren of the driver. If a

 

 

SB3792- 97 -LRB102 25808 CMG 35148 b

1graduated driver's license holder committed an offense against
2traffic regulations governing the movement of vehicles or any
3violation of this Section or Section 12-603.1 of this Code
4during the first 12 months the license is held and
5subsequently is convicted of the violation, the provisions of
6this paragraph shall remain in effect until such time as a
7period of 6 consecutive months has elapsed without an
8additional violation and subsequent conviction of an offense
9against traffic regulations governing the movement of vehicles
10or any violation of this Section or Section 12-603.1 of this
11Code.
12    (h) It shall be an offense for a person that is age 15, but
13under age 20, to be a passenger in a vehicle operated by a
14driver holding a graduated driver's license during the first
1512 months the driver holds the license or until the driver
16reaches the age of 18, whichever occurs sooner, if another
17passenger under the age of 20 is present, excluding a sibling,
18step-sibling, child, or step-child of the driver.
19    (i) No graduated driver's license shall be issued to any
20applicant under the age of 18 years if the applicant has been
21issued a traffic citation for which a disposition has not been
22rendered at the time of application.
23(Source: P.A. 97-229, eff. 7-28-11; 97-835, eff. 7-20-12;
2498-168, eff. 1-1-14; 98-718, eff. 1-1-15.)
 
25    (625 ILCS 5/6-408.5)

 

 

SB3792- 98 -LRB102 25808 CMG 35148 b

1    Sec. 6-408.5. Courses for students or high school
2dropouts; limitation.
3    (a) No driver training school or driving training
4instructor licensed under this Act may request a certificate
5of completion from the Secretary of State as provided in
6Section 6-411 for any person who is enrolled as a student in
7any public or non-public secondary school at the time such
8instruction is to be provided, or who was so enrolled during
9the semester last ended if that instruction is to be provided
10between semesters or during the summer after the regular
11school term ends, unless that student has received a passing
12grade in at least 8 courses during the 2 semesters last ending
13prior to requesting a certificate of completion from the
14Secretary of State for the student.
15    (b) No driver training school or driving training
16instructor licensed under this Act may request a certificate
17of completion from the Secretary of State as provided in
18Section 6-411 for any person who has dropped out of school and
19has not yet attained the age of 18 years unless the driver
20training school or driving training instructor has: 1)
21obtained written documentation verifying the dropout's
22enrollment in a high school equivalency testing or alternative
23education program or has obtained a copy of the dropout's
24State of Illinois High School Diploma high school equivalency
25certificate; 2) obtained verification that the student prior
26to dropping out had received a passing grade in at least 8

 

 

SB3792- 99 -LRB102 25808 CMG 35148 b

1courses during the 2 previous semesters last ending prior to
2requesting a certificate of completion; or 3) obtained written
3consent from the dropout's parents or guardians and the
4regional superintendent.
5    (c) Students shall be informed of the eligibility
6requirements of this Act in writing at the time of
7registration.
8    (d) The superintendent of schools of the school district
9in which the student resides and attends school or in which the
10student resides at the time he or she drops out of school (with
11respect to a public high school student or a dropout from the
12public high school) or the chief school administrator (with
13respect to a student who attends a non-public high school or a
14dropout from a non-public high school) may waive the
15requirements of this Section if the superintendent or chief
16school administrator, as the case may be, deems it to be in the
17best interests of the student or dropout. Before requesting a
18certificate of completion from the Secretary of State for any
19person who is enrolled as a student in any public or non-public
20secondary school or who was so enrolled in the semester last
21ending prior to the request for a certificate of completion
22from the Secretary of State or who is of high school age, the
23driver training school shall determine from the school
24district in which that person resides or resided at the time of
25dropping out of school, or from the chief administrator of the
26non-public high school attended or last attended by such

 

 

SB3792- 100 -LRB102 25808 CMG 35148 b

1person, as the case may be, that such person is not ineligible
2to 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
5changing 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
9and regulations for awarding and revoking sentence credit for
10persons committed to the Department which shall be subject to
11review by the Prisoner Review Board.
12    (1.5) As otherwise provided by law, sentence credit may be
13awarded 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
22subsection (a), the rules and regulations on sentence credit
23shall provide, with respect to offenses listed in clause (i),
24(ii), or (iii) of this paragraph (2) committed on or after June

 

 

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119, 1998 or with respect to the offense listed in clause (iv)
2of this paragraph (2) committed on or after June 23, 2005 (the
3effective date of Public Act 94-71) or with respect to offense
4listed in clause (vi) committed on or after June 1, 2008 (the
5effective date of Public Act 95-625) or with respect to the
6offense of being an armed habitual criminal committed on or
7after August 2, 2005 (the effective date of Public Act 94-398)
8or with respect to the offenses listed in clause (v) of this
9paragraph (2) committed on or after August 13, 2007 (the
10effective date of Public Act 95-134) or with respect to the
11offense of aggravated domestic battery committed on or after
12July 23, 2010 (the effective date of Public Act 96-1224) or
13with respect to the offense of attempt to commit terrorism
14committed on or after January 1, 2013 (the effective date of
15Public 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

 

 

SB3792- 102 -LRB102 25808 CMG 35148 b

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;

 

 

SB3792- 103 -LRB102 25808 CMG 35148 b

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

 

 

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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
5subdivision (a)(2)(i), (ii), or (iii) committed on or after
6June 19, 1998 or subdivision (a)(2)(iv) committed on or after
7June 23, 2005 (the effective date of Public Act 94-71) or
8subdivision (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
11date of Public Act 95-625) or subdivision (a)(2)(vii)
12committed on or after July 23, 2010 (the effective date of
13Public Act 96-1224), and other than the offense of aggravated
14driving under the influence of alcohol, other drug or drugs,
15or intoxicating compound or compounds, or any combination
16thereof as defined in subparagraph (F) of paragraph (1) of
17subsection (d) of Section 11-501 of the Illinois Vehicle Code,
18and other than the offense of aggravated driving under the
19influence of alcohol, other drug or drugs, or intoxicating
20compound or compounds, or any combination thereof as defined
21in subparagraph (C) of paragraph (1) of subsection (d) of
22Section 11-501 of the Illinois Vehicle Code committed on or
23after January 1, 2011 (the effective date of Public Act
2496-1230), the rules and regulations shall provide that a
25prisoner who is serving a term of imprisonment shall receive
26one day of sentence credit for each day of his or her sentence

 

 

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1of imprisonment or recommitment under Section 3-3-9. Each day
2of sentence credit shall reduce by one day the prisoner's
3period of imprisonment or recommitment under Section 3-3-9.
4    (2.2) A prisoner serving a term of natural life
5imprisonment or a prisoner who has been sentenced to death
6shall receive no sentence credit.
7    (2.3) Except as provided in paragraph (4.7) of this
8subsection (a), the rules and regulations on sentence credit
9shall provide that a prisoner who is serving a sentence for
10aggravated driving under the influence of alcohol, other drug
11or drugs, or intoxicating compound or compounds, or any
12combination thereof as defined in subparagraph (F) of
13paragraph (1) of subsection (d) of Section 11-501 of the
14Illinois Vehicle Code, shall receive no more than 4.5 days of
15sentence credit for each month of his or her sentence of
16imprisonment.
17    (2.4) Except as provided in paragraph (4.7) of this
18subsection (a), the rules and regulations on sentence credit
19shall provide with respect to the offenses of aggravated
20battery with a machine gun or a firearm equipped with any
21device or attachment designed or used for silencing the report
22of a firearm or aggravated discharge of a machine gun or a
23firearm equipped with any device or attachment designed or
24used for silencing the report of a firearm, committed on or
25after July 15, 1999 (the effective date of Public Act 91-121),
26that a prisoner serving a sentence for any of these offenses

 

 

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1shall receive no more than 4.5 days of sentence credit for each
2month of his or her sentence of imprisonment.
3    (2.5) Except as provided in paragraph (4.7) of this
4subsection (a), the rules and regulations on sentence credit
5shall provide that a prisoner who is serving a sentence for
6aggravated arson committed on or after July 27, 2001 (the
7effective date of Public Act 92-176) shall receive no more
8than 4.5 days of sentence credit for each month of his or her
9sentence of imprisonment.
10    (2.6) Except as provided in paragraph (4.7) of this
11subsection (a), the rules and regulations on sentence credit
12shall provide that a prisoner who is serving a sentence for
13aggravated driving under the influence of alcohol, other drug
14or drugs, or intoxicating compound or compounds or any
15combination thereof as defined in subparagraph (C) of
16paragraph (1) of subsection (d) of Section 11-501 of the
17Illinois Vehicle Code committed on or after January 1, 2011
18(the effective date of Public Act 96-1230) shall receive no
19more than 4.5 days of sentence credit for each month of his or
20her sentence of imprisonment.
21    (3) In addition to the sentence credits earned under
22paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
23subsection (a), the rules and regulations shall also provide
24that the Director may award up to 180 days of earned sentence
25credit for prisoners serving a sentence of incarceration of
26less than 5 years, and up to 365 days of earned sentence credit

 

 

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1for prisoners serving a sentence of 5 years or longer. The
2Director may grant this credit for good conduct in specific
3instances as the Director deems proper. The good conduct may
4include, but is not limited to, compliance with the rules and
5regulations of the Department, service to the Department,
6service to a community, or service to the State.
7    Eligible inmates for an award of earned sentence credit
8under this paragraph (3) may be selected to receive the credit
9at the Director's or his or her designee's sole discretion.
10Eligibility for the additional earned sentence credit under
11this paragraph (3) may be based on, but is not limited to,
12participation in programming offered by the Department as
13appropriate for the prisoner based on the results of any
14available risk/needs assessment or other relevant assessments
15or evaluations administered by the Department using a
16validated instrument, the circumstances of the crime,
17demonstrated commitment to rehabilitation by a prisoner with a
18history of conviction for a forcible felony enumerated in
19Section 2-8 of the Criminal Code of 2012, the inmate's
20behavior and improvements in disciplinary history while
21incarcerated, and the inmate's commitment to rehabilitation,
22including participation in programming offered by the
23Department.
24    The Director shall not award sentence credit under this
25paragraph (3) to an inmate unless the inmate has served a
26minimum of 60 days of the sentence; except nothing in this

 

 

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1paragraph shall be construed to permit the Director to extend
2an inmate's sentence beyond that which was imposed by the
3court. Prior to awarding credit under this paragraph (3), the
4Director 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
14written determination required in this subsection.
15    (3.5) The Department shall provide annual written reports
16to the Governor and the General Assembly on the award of earned
17sentence credit no later than February 1 of each year. The
18Department must publish both reports on its website within 48
19hours of transmitting the reports to the Governor and the
20General 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

 

 

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1        (D) the number of earned sentence credit revocations.
2    (4)(A) Except as provided in paragraph (4.7) of this
3subsection (a), the rules and regulations shall also provide
4that any prisoner who is engaged full-time in substance abuse
5programs, correctional industry assignments, educational
6programs, work-release programs or activities in accordance
7with Article 13 of Chapter III of this Code, behavior
8modification programs, life skills courses, or re-entry
9planning provided by the Department under this paragraph (4)
10and satisfactorily completes the assigned program as
11determined by the standards of the Department, shall receive
12one day of sentence credit for each day in which that prisoner
13is engaged in the activities described in this paragraph. The
14rules and regulations shall also provide that sentence credit
15may be provided to an inmate who was held in pre-trial
16detention prior to his or her current commitment to the
17Department of Corrections and successfully completed a
18full-time, 60-day or longer substance abuse program,
19educational program, behavior modification program, life
20skills course, or re-entry planning provided by the county
21department of corrections or county jail. Calculation of this
22county program credit shall be done at sentencing as provided
23in Section 5-4.5-100 of this Code and shall be included in the
24sentencing order. The rules and regulations shall also provide
25that sentence credit may be provided to an inmate who is in
26compliance with programming requirements in an adult

 

 

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1transition center.
2    (B) The Department shall award sentence credit under this
3paragraph (4) accumulated prior to January 1, 2020 (the
4effective date of Public Act 101-440) in an amount specified
5in subparagraph (C) of this paragraph (4) to an inmate serving
6a sentence for an offense committed prior to June 19, 1998, if
7the Department determines that the inmate is entitled to this
8sentence 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

 

 

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1    term of incarceration.
2    (C) If the inmate can provide documentation that he or she
3is entitled to sentence credit under subparagraph (B) in
4excess of 45 days of participation in those programs, the
5inmate shall receive 90 days of sentence credit. If the inmate
6cannot provide documentation of more than 45 days of
7participation in those programs, the inmate shall receive 45
8days of sentence credit. In the event of a disagreement
9between the Department and the inmate as to the amount of
10credit accumulated under subparagraph (B), if the Department
11provides documented proof of a lesser amount of days of
12participation in those programs, that proof shall control. If
13the Department provides no documentary proof, the inmate's
14proof as set forth in clause (ii) of subparagraph (B) shall
15control as to the amount of sentence credit provided.
16    (D) If the inmate has been convicted of a sex offense as
17defined in Section 2 of the Sex Offender Registration Act,
18sentencing credits under subparagraph (B) of this paragraph
19(4) shall be awarded by the Department only if the conditions
20set forth in paragraph (4.6) of subsection (a) are satisfied.
21No inmate serving a term of natural life imprisonment shall
22receive sentence credit under subparagraph (B) of this
23paragraph (4).
24    Educational, vocational, substance abuse, behavior
25modification programs, life skills courses, re-entry planning,
26and correctional industry programs under which sentence credit

 

 

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1may be earned under this paragraph (4) and paragraph (4.1) of
2this subsection (a) shall be evaluated by the Department on
3the basis of documented standards. The Department shall report
4the results of these evaluations to the Governor and the
5General Assembly by September 30th of each year. The reports
6shall include data relating to the recidivism rate among
7program participants.
8    Availability of these programs shall be subject to the
9limits of fiscal resources appropriated by the General
10Assembly for these purposes. Eligible inmates who are denied
11immediate admission shall be placed on a waiting list under
12criteria established by the Department. The rules and
13regulations shall provide that a prisoner who has been placed
14on a waiting list but is transferred for non-disciplinary
15reasons before beginning a program shall receive priority
16placement on the waitlist for appropriate programs at the new
17facility. The inability of any inmate to become engaged in any
18such programs by reason of insufficient program resources or
19for any other reason established under the rules and
20regulations of the Department shall not be deemed a cause of
21action under which the Department or any employee or agent of
22the Department shall be liable for damages to the inmate. The
23rules and regulations shall provide that a prisoner who begins
24an educational, vocational, substance abuse, work-release
25programs or activities in accordance with Article 13 of
26Chapter III of this Code, behavior modification program, life

 

 

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1skills course, re-entry planning, or correctional industry
2programs but is unable to complete the program due to illness,
3disability, transfer, lockdown, or another reason outside of
4the prisoner's control shall receive prorated sentence credits
5for the days in which the prisoner did participate.
6    (4.1) Except as provided in paragraph (4.7) of this
7subsection (a), the rules and regulations shall also provide
8that an additional 90 days of sentence credit shall be awarded
9to any prisoner who passes high school equivalency testing
10while the prisoner is committed to the Department of
11Corrections. The sentence credit awarded under this paragraph
12(4.1) shall be in addition to, and shall not affect, the award
13of sentence credit under any other paragraph of this Section,
14but shall also be pursuant to the guidelines and restrictions
15set forth in paragraph (4) of subsection (a) of this Section.
16The sentence credit provided for in this paragraph shall be
17available only to those prisoners who have not previously
18earned a high school diploma or a State of Illinois High School
19Diploma high school equivalency certificate. If, after an
20award of the high school equivalency testing sentence credit
21has been made, the Department determines that the prisoner was
22not eligible, then the award shall be revoked. The Department
23may also award 90 days of sentence credit to any committed
24person who passed high school equivalency testing while he or
25she was held in pre-trial detention prior to the current
26commitment to the Department of Corrections. Except as

 

 

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1provided in paragraph (4.7) of this subsection (a), the rules
2and regulations shall provide that an additional 120 days of
3sentence credit shall be awarded to any prisoner who obtains
4an associate degree while the prisoner is committed to the
5Department of Corrections, regardless of the date that the
6associate degree was obtained, including if prior to July 1,
72021 (the effective date of Public Act 101-652). The sentence
8credit awarded under this paragraph (4.1) shall be in addition
9to, and shall not affect, the award of sentence credit under
10any other paragraph of this Section, but shall also be under
11the guidelines and restrictions set forth in paragraph (4) of
12subsection (a) of this Section. The sentence credit provided
13for in this paragraph (4.1) shall be available only to those
14prisoners who have not previously earned an associate degree
15prior to the current commitment to the Department of
16Corrections. If, after an award of the associate degree
17sentence credit has been made and the Department determines
18that the prisoner was not eligible, then the award shall be
19revoked. The Department may also award 120 days of sentence
20credit to any committed person who earned an associate degree
21while he or she was held in pre-trial detention prior to the
22current 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
25additional 180 days of sentence credit shall be awarded to any
26prisoner who obtains a bachelor's degree while the prisoner is

 

 

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1committed to the Department of Corrections. The sentence
2credit awarded under this paragraph (4.1) shall be in addition
3to, and shall not affect, the award of sentence credit under
4any other paragraph of this Section, but shall also be under
5the guidelines and restrictions set forth in paragraph (4) of
6this subsection (a). The sentence credit provided for in this
7paragraph shall be available only to those prisoners who have
8not earned a bachelor's degree prior to the current commitment
9to the Department of Corrections. If, after an award of the
10bachelor's degree sentence credit has been made, the
11Department determines that the prisoner was not eligible, then
12the award shall be revoked. The Department may also award 180
13days of sentence credit to any committed person who earned a
14bachelor's degree while he or she was held in pre-trial
15detention prior to the current commitment to the Department of
16Corrections.
17    Except as provided in paragraph (4.7) of this subsection
18(a), the rules and regulations shall provide that an
19additional 180 days of sentence credit shall be awarded to any
20prisoner who obtains a master's or professional degree while
21the prisoner is committed to the Department of Corrections.
22The sentence credit awarded under this paragraph (4.1) shall
23be in addition to, and shall not affect, the award of sentence
24credit under any other paragraph of this Section, but shall
25also be under the guidelines and restrictions set forth in
26paragraph (4) of this subsection (a). The sentence credit

 

 

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1provided for in this paragraph shall be available only to
2those prisoners who have not previously earned a master's or
3professional degree prior to the current commitment to the
4Department of Corrections. If, after an award of the master's
5or professional degree sentence credit has been made, the
6Department determines that the prisoner was not eligible, then
7the award shall be revoked. The Department may also award 180
8days of sentence credit to any committed person who earned a
9master's or professional degree while he or she was held in
10pre-trial detention prior to the current commitment to the
11Department of Corrections.
12    (4.2) The rules and regulations shall also provide that
13any prisoner engaged in self-improvement programs, volunteer
14work, or work assignments that are not otherwise eligible
15activities under paragraph (4), shall receive up to 0.5 days
16of sentence credit for each day in which the prisoner is
17engaged in activities described in this paragraph.
18    (4.5) The rules and regulations on sentence credit shall
19also provide that when the court's sentencing order recommends
20a prisoner for substance abuse treatment and the crime was
21committed on or after September 1, 2003 (the effective date of
22Public Act 93-354), the prisoner shall receive no sentence
23credit awarded under clause (3) of this subsection (a) unless
24he or she participates in and completes a substance abuse
25treatment program. The Director may waive the requirement to
26participate in or complete a substance abuse treatment program

 

 

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1in specific instances if the prisoner is not a good candidate
2for a substance abuse treatment program for medical,
3programming, or operational reasons. Availability of substance
4abuse treatment shall be subject to the limits of fiscal
5resources appropriated by the General Assembly for these
6purposes. If treatment is not available and the requirement to
7participate and complete the treatment has not been waived by
8the Director, the prisoner shall be placed on a waiting list
9under criteria established by the Department. The Director may
10allow a prisoner placed on a waiting list to participate in and
11complete a substance abuse education class or attend substance
12abuse self-help meetings in lieu of a substance abuse
13treatment program. A prisoner on a waiting list who is not
14placed in a substance abuse program prior to release may be
15eligible 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
18also provide that a prisoner who has been convicted of a sex
19offense as defined in Section 2 of the Sex Offender
20Registration Act shall receive no sentence credit unless he or
21she either has successfully completed or is participating in
22sex offender treatment as defined by the Sex Offender
23Management Board. However, prisoners who are waiting to
24receive treatment, but who are unable to do so due solely to
25the lack of resources on the part of the Department, may, at
26the Director's sole discretion, be awarded sentence credit at

 

 

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1a rate as the Director shall determine.
2    (4.7) On or after January 1, 2018 (the effective date of
3Public Act 100-3), sentence credit under paragraph (3), (4),
4or (4.1) of this subsection (a) may be awarded to a prisoner
5who is serving a sentence for an offense described in
6paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
7on or after January 1, 2018 (the effective date of Public Act
8100-3); provided, the award of the credits under this
9paragraph (4.7) shall not reduce the sentence of the prisoner
10to 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
20earlier than it otherwise would because of a grant of earned
21sentence credit under paragraph (3) of subsection (a) of this
22Section given at any time during the term, the Department
23shall give reasonable notice of the impending release not less
24than 14 days prior to the date of the release to the State's
25Attorney of the county where the prosecution of the inmate
26took place, and if applicable, the State's Attorney of the

 

 

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1county into which the inmate will be released. The Department
2must also make identification information and a recent photo
3of the inmate being released accessible on the Internet by
4means of a hyperlink labeled "Community Notification of Inmate
5Early Release" on the Department's World Wide Web homepage.
6The identification information shall include the inmate's:
7name, any known alias, date of birth, physical
8characteristics, commitment offense, and county where
9conviction was imposed. The identification information shall
10be placed on the website within 3 days of the inmate's release
11and the information may not be removed until either:
12completion of the first year of mandatory supervised release
13or return of the inmate to custody of the Department.
14    (b) Whenever a person is or has been committed under
15several convictions, with separate sentences, the sentences
16shall be construed under Section 5-8-4 in granting and
17forfeiting of sentence credit.
18    (c) (1) The Department shall prescribe rules and
19regulations for revoking sentence credit, including revoking
20sentence credit awarded under paragraph (3) of subsection (a)
21of this Section. The Department shall prescribe rules and
22regulations establishing and requiring the use of a sanctions
23matrix for revoking sentence credit. The Department shall
24prescribe rules and regulations for suspending or reducing the
25rate of accumulation of sentence credit for specific rule
26violations, during imprisonment. These rules and regulations

 

 

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1shall provide that no inmate may be penalized more than one
2year of sentence credit for any one infraction.
3    (2) When the Department seeks to revoke, suspend, or
4reduce the rate of accumulation of any sentence credits for an
5alleged infraction of its rules, it shall bring charges
6therefor against the prisoner sought to be so deprived of
7sentence credits before the Prisoner Review Board as provided
8in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
9amount of credit at issue exceeds 30 days, whether from one
10infraction or cumulatively from multiple infractions arising
11out of a single event, or when, during any 12-month period, the
12cumulative amount of credit revoked exceeds 30 days except
13where the infraction is committed or discovered within 60 days
14of scheduled release. In those cases, the Department of
15Corrections may revoke up to 30 days of sentence credit. The
16Board may subsequently approve the revocation of additional
17sentence credit, if the Department seeks to revoke sentence
18credit in excess of 30 days. However, the Board shall not be
19empowered to review the Department's decision with respect to
20the loss of 30 days of sentence credit within any calendar year
21for any prisoner or to increase any penalty beyond the length
22requested by the Department.
23    (3) The Director of the Department of Corrections, in
24appropriate cases, may restore sentence credits which have
25been revoked, suspended, or reduced. The Department shall
26prescribe rules and regulations governing the restoration of

 

 

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1sentence credits. These rules and regulations shall provide
2for the automatic restoration of sentence credits following a
3period in which the prisoner maintains a record without a
4disciplinary violation.
5    Nothing contained in this Section shall prohibit the
6Prisoner Review Board from ordering, pursuant to Section
73-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
8sentence imposed by the court that was not served due to the
9accumulation of sentence credit.
10    (d) If a lawsuit is filed by a prisoner in an Illinois or
11federal court against the State, the Department of
12Corrections, or the Prisoner Review Board, or against any of
13their officers or employees, and the court makes a specific
14finding that a pleading, motion, or other paper filed by the
15prisoner is frivolous, the Department of Corrections shall
16conduct a hearing to revoke up to 180 days of sentence credit
17by bringing charges against the prisoner sought to be deprived
18of the sentence credits before the Prisoner Review Board as
19provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
20If the prisoner has not accumulated 180 days of sentence
21credit at the time of the finding, then the Prisoner Review
22Board may revoke all sentence credit accumulated by the
23prisoner.
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

 

 

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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

 

 

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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
8validity of Public Act 89-404.
9    (f) Whenever the Department is to release any inmate who
10has been convicted of a violation of an order of protection
11under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
12the Criminal Code of 2012, earlier than it otherwise would
13because of a grant of sentence credit, the Department, as a
14condition of release, shall require that the person, upon
15release, be placed under electronic surveillance as provided
16in Section 5-8A-7 of this Code.
17(Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21;
18102-28, 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
21Department of Corrections shall develop and establish a
22program in the Adult Division designed to increase the number
23of committed persons enrolled in programs for high school
24equivalency testing and pursuing State of Illinois High School
25Diplomas high school equivalency certificates by at least 100%

 

 

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1over the 4-year period following the effective date of this
2amendatory Act of the 94th General Assembly. Pursuant to the
3program, each adult institution and facility shall report
4annually to the Director of Corrections on the number of
5committed persons enrolled in high school equivalency testing
6programs and those who pass high school equivalency testing,
7and the number of committed persons in the Adult Division who
8are on waiting lists for participation in the high school
9equivalency 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
13program 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

 

 

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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
11approval of the county board of commissioners, the sheriff, in
12any county with more than 3,000,000 inhabitants, may operate a
13residential and transition treatment program for women
14established by the Illinois Department of Corrections if
15funding has been provided by federal, local or private
16entities. If the court finds during the sentencing hearing
17conducted under Section 5-4-1 that a woman convicted of a
18felony meets the eligibility requirements of the sheriff's
19residential and transition treatment program for women, the
20court may refer the offender to the sheriff's residential and
21transition treatment program for women for consideration as a
22participant as an alternative to incarceration in the
23penitentiary. The sheriff shall be responsible for supervising
24all women who are placed in the residential and transition
25treatment program for women for the 12-month period. In the
26event that the woman is not accepted for placement in the

 

 

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1sheriff's residential and transition treatment program for
2women, the court shall proceed to sentence the woman to any
3other disposition authorized by this Code. If the woman does
4not successfully complete the residential and transition
5treatment program for women, the woman's failure to do so
6shall constitute a violation of the sentence to the
7residential and transition treatment program for women.
8    (c) In order to be eligible to be a participant in the
9pilot residential and transition treatment program for women,
10the 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

 

 

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1    program. The Department of Corrections may consider
2    whether space is available.
3    (d) The program may include a substance abuse treatment
4program designed for women offenders, mental health, trauma,
5and medical treatment; parenting skills and family
6relationship counseling, preparation for a State of Illinois
7High School Diploma high school equivalency or vocational
8certificate; life skills program; job readiness and job skill
9training, and a community transition development plan.
10    (e) With the approval of the Department of Corrections,
11the sheriff shall issue requirements for the program and
12inform the participants who shall sign an agreement to adhere
13to all rules and all requirements for the pilot residential
14and transition treatment program.
15    (f) Participation in the pilot residential and transition
16treatment program for women shall be for a period not to exceed
1712 months. The period may not be reduced by accumulation of
18good time.
19    (g) If the woman successfully completes the pilot
20residential and transition treatment program for women, the
21sheriff shall notify the Department of Corrections, the court,
22and the State's Attorney of the county of the woman's
23successful completion.
24    (h) A woman may be removed from the pilot residential and
25transition treatment program for women for violation of the
26terms and conditions of the program or in the event she is

 

 

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1unable to participate. The failure to complete the program
2shall be deemed a violation of the conditions of the program.
3The sheriff shall give notice to the Department of
4Corrections, the court, and the State's Attorney of the
5woman's failure to complete the program. The Department of
6Corrections or its designee shall file a petition alleging
7that the woman has violated the conditions of the program with
8the court. The State's Attorney may proceed on the petition
9under Section 5-4-1 of this Code.
10    (i) The conditions of the pilot residential and transition
11treatment program for women shall include that the woman while
12in the program:
13        (1) not violate any criminal statute of any
14    jurisdiction;
15        (2) report or appear in person before any person or
16    agency as directed by the court, the sheriff, or
17    Department of Corrections;
18        (3) refrain from possessing a firearm or other
19    dangerous weapon;
20        (4) consent to drug testing;
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;
26        (6) upon placement in the program, must agree to

 

 

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1    follow all requirements of the program.
2    (j) The Department of Corrections or the sheriff may
3terminate the program at any time by mutual agreement or with
430 days prior written notice by either the Department of
5Corrections or the sheriff.
6    (k) The Department of Corrections may enter into a joint
7contract with a county with more than 3,000,000 inhabitants to
8establish and operate a pilot residential and treatment
9program for women.
10    (l) The Director of the Department of Corrections shall
11have the authority to develop rules to establish and operate a
12pilot residential and treatment program for women that shall
13include criteria for selection of the participants of the
14program in conjunction and approval by the sentencing court.
15Violent crime offenders are not eligible to participate in the
16program.
17    (m) The Department shall report to the Governor and the
18General Assembly before September 30th of each year on the
19pilot residential and treatment program for women, including
20the composition of the program by offenders, sentence, age,
21offense, and race. Reporting is only required if the pilot
22residential and treatment program for women is operational.
23    (n) The Department of Corrections or the sheriff may
24terminate the program with 30 days prior written notice.
25    (o) A county with more than 3,000,000 inhabitants is
26authorized to apply for funding from federal, local or private

 

 

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1entities to create a Residential and Treatment Program for
2Women. This sentencing option may not go into effect until the
3funding is secured for the program and the program has been
4established.
5(Source: P.A. 97-800, eff. 7-13-12; 98-718, eff. 1-1-15.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 505/8from Ch. 23, par. 5008
4    20 ILCS 505/35.10
5    20 ILCS 1315/25
6    20 ILCS 1705/15.4
7    105 ILCS 5/3-15.12from Ch. 122, par. 3-15.12
8    105 ILCS 5/13-40from Ch. 122, par. 13-40
9    105 ILCS 5/26-2from Ch. 122, par. 26-2
10    110 ILCS 118/25
11    110 ILCS 805/2-22
12    110 ILCS 947/50
13    110 ILCS 947/52
14    110 ILCS 947/62
15    215 ILCS 5/500-50
16    225 ILCS 65/80-40
17    225 ILCS 85/9from Ch. 111, par. 4129
18    225 ILCS 235/5from Ch. 111 1/2, par. 2205
19    225 ILCS 427/40
20    225 ILCS 441/5-10
21    225 ILCS 454/5-10
22    225 ILCS 454/5-27
23    225 ILCS 454/5-28
24    305 ILCS 5/4-1.9from Ch. 23, par. 4-1.9
25    305 ILCS 5/9A-8from Ch. 23, par. 9A-8

 

 

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1    430 ILCS 66/80
2    625 ILCS 5/6-107from Ch. 95 1/2, par. 6-107
3    625 ILCS 5/6-408.5
4    730 ILCS 5/3-6-3from Ch. 38, par. 1003-6-3
5    730 ILCS 5/3-6-8
6    730 ILCS 5/5-8-1.3