SB3482 103RD GENERAL ASSEMBLY

LRB103 38721 RLC 68858 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3482

Introduced 2/8/2024, by Sen. Lakesia Collins

SYNOPSIS AS INTRODUCED:

See Index

Amends the Election Code. Provides that beginning on January 1, 2025, a person convicted of a felony, or otherwise under sentence in a correctional institution, shall have his or her right to vote restored and shall be eligible to vote not later than 14 days following his or her conviction. Provides that a person who is serving a sentence in a correctional institution starting prior to January 1, 2025 shall have his or her right to vote restored not later than January 14, 2025. Provides that a person may not be denied the right to vote because of a past criminal conviction. Provides that each local election authority shall coordinate with the correctional institution, Illinois Department of Corrections, and other correctional agencies incarcerating eligible voters to facilitate voting by mail for those voters eligible to vote in that election jurisdiction who are incarcerated in the correctional institution. Provides that the Attorney General, any individual aggrieved by a violation of these provisions, any entity whose membership includes individuals aggrieved by a violation of these provisions, any entity whose mission would be frustrated by a violation of these provisions, or any entity that would expend resources in order to fulfill its mission as a result of a violation of these provisions may file an action in a court of competent jurisdiction. Provides that the Act is intended to benefit and protect the rights of individual voters and to provide a remedy for infringing on the rights granted under this Act. Amends the Re-Entering Citizens Civics Education Act. Changes the short title of the Act to the Reintegration and Civic Empowerment Act. Provides that the Department of Corrections shall conduct the civics peer education program each of the 3 sessions not less than twice a month at each correctional institution totaling not less than 6 sessions per month at each correctional institution. Provides that the civics peer education program and workshops must be made available to all committed persons regardless of the date they were first committed or the length of their sentence. Amends the Illinois Administrative Procedure Act and the Unified Code of Corrections to make conforming changes. Effective January 1, 2025.

A BILL FOR

AN ACT concerning voting rights.

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

Section 5. The Illinois Administrative Procedure Act is amended by adding Section 5-45.34 as follows:

(5 ILCS 100/5-45.34 new)

Sec. 5-45.34. Emergency rulemaking. To provide for the expeditious and timely implementation of the changes made to the Election Code and the Unified Code of Corrections by this amendatory Act of the 104th General Assembly, emergency rules implementing those changes may be adopted in accordance with Section 5-45 by the State Board of Elections, except that the 24-month limitation on the adoption of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply to rules adopted under this Section. The adoption of emergency rules authorized by Section 5-45 and this Section is deemed to be necessary for the public interest, safety, and welfare.

This Section is repealed one year after the effective date of this amendatory Act of the 103rd General Assembly.

Section 10. The Election Code is amended by changing Sections 3-5 and 19-2.5 and by adding Sections 1-26, 1-27, and 1-28 as follows:

(10 ILCS 5/1-26 new)

Sec. 1-26. Post-conviction voting.

(a) As used in this Section, "correctional institution" means any place used to house persons under State supervision, including, but not limited to, State, federal, or juvenile facilities, adult transition centers, halfway houses, and other reentry or rehabilitation programs.

(b) Beginning on January 1, 2025, a person convicted of a felony, or otherwise under sentence in a correctional institution, shall have his or her right to vote restored and shall be eligible to vote not later than 14 days following his or her conviction. A person who is serving a sentence in a correctional institution starting prior to January 1, 2025 shall have his or her right to vote restored not later than January 14, 2025. Persons under any form of state supervision or custody who are disqualified from voting shall have their right to vote restored under this Section, including, but not limited to: persons incarcerated in State, federal, or juvenile facilities; persons on probation or parole; persons on mandatory supervised release; persons on work release; persons on furlough; persons released on electronic monitoring; persons housed in adult transition centers, halfway houses, or other reentry or rehabilitation programs; and persons owing court fines or fees. A Person may not be denied the right to vote because of a past criminal conviction.

(c) Each local election authority shall coordinate with the correctional institution, Illinois Department of Corrections, and other correctional agencies incarcerating eligible voters to facilitate voting by mail for those voters eligible to vote in that election jurisdiction who are incarcerated in the correctional institution.

(d) All requirements of the federal Voting Rights Act of 1965, including Sections 203 and 208, State and local language access requirements, and the federal Americans with Disabilities Act and State and local disability access requirements shall also apply to voting under this Section. The correctional institution shall make available to persons in its custody voter registration applications, vote by mail ballot applications, vote by mail ballots received at the institution from the local election authority, and other election materials in the languages provided by the State Board of Elections and local election authorities.

(e) The correctional institution shall make available to a person in its custody current election resource material, maintained by the State Board of Elections, containing detailed information regarding the voting rights of a person with a criminal conviction in the following formats: (1) in print; (2) on the correctional institution's website; and (3) in a visible location on the premises of each correctional institution where notices are customarily posted. The correctional institution shall also make available to a person in its custody current election resource material from a local election authority that is requested by that person in its custody and received at the correctional institution from the local election authority in response to that person's request. The correctional institution shall provide resource materials to a person in its custody upon intake and release of the person on parole, mandatory supervised release, final discharge, or pardon from the correctional institution.

(f) On or before December 31, 2025, and on or before December 31 of each year thereafter, the State Board of Elections, in coordination and cooperation with correctional institutions and local election authorities, shall prepare a report containing data concerning compliance with this Section, including the number of voter registrations, vote by mail ballot applications, vote by mail ballots received, and election resource materials delivered. Data shall be disaggregated by institution and other factors.

(g) A person who has left the person's residence as part of the person's confinement in a correctional institution and who has not established another residence for voter registration purposes may not be considered to have changed or lost residence. The person may register to vote at the address of the person's last place of residence before the person's confinement in a correctional institution.

(h) The provisions of this Section apply to all elections beginning in 2025.

(i) The State Board of Elections may adopt rules, including emergency rules, to implement the provisions of this Section.

(10 ILCS 5/1-27 new)

Sec. 1-27. Civil actions. The Attorney General, any individual aggrieved by a violation of Section 1-26, any entity whose membership includes individuals aggrieved by a violation of Section 1-26, any entity whose mission would be frustrated by a violation of Section 1-26, or any entity that would expend resources in order to fulfill its mission as a result of a violation of Section 1-26 may file an action in a court of competent jurisdiction. This Act is intended to benefit and protect the rights of individual voters and to provide a remedy for infringing on the rights granted under this Act.

(10 ILCS 5/1-28 new)

Sec. 1-28. Attorney's fees. Upon motion, a court shall award reasonable attorney's fees and costs, including expert witness fees and other litigation expenses, to a plaintiff in any action brought under Section 1-27:

(1) who obtains some or all of the plaintiff's requested relief through a judicial judgment in the plaintiff's favor;

(2) who obtains some or all of their requested relief through any settlement agreement approved by the court; or

(3) whose pursuit of a non-frivolous claim was a catalyst for a unilateral change in position by the opposing party relative to the relief sought. In awarding reasonable attorney's fees, the court shall consider the degree to which the relief obtained relates to the relief sought.

(10 ILCS 5/3-5) (from Ch. 46, par. 3-5)

Sec. 3-5. Confinement or detention in a jail. No person who has been legally convicted, in this or another state or in any federal court, of any crime, and is serving a sentence of confinement in any penal institution, or who has been convicted under any Section of this Code and is serving a sentence of confinement in any penal institution, shall vote, offer to vote, attempt to vote or be permitted to vote at any election until his release from confinement.

Confinement for purposes of this Section shall include any person convicted and imprisoned but granted a furlough as provided by Section 3-11-1 of the Unified Code of Corrections, or admitted to a work release program as provided by Section 3-13-2 of the Unified Code of Corrections. Confinement shall not include any person convicted and imprisoned but released on parole.

Confinement or detention in a jail pending acquittal or conviction of a crime is not a disqualification for voting.

(Source: P.A. 100-863, eff. 8-14-18.)

(10 ILCS 5/19-2.5)

Sec. 19-2.5. Notice for vote by mail ballot.

(a) An election authority shall notify all qualified voters, except voters who have applied for permanent vote by mail status under subsection (b) of Section 19-3 or voters who submit a written request to be excluded from the permanent vote by mail status, not more than 90 days nor less than 45 days before a general election of the option for permanent vote by mail status using the following notice and including the application for permanent vote by mail status in subsection (b) of Section 19-3:

"You may apply to permanently be placed on vote by mail status using the attached application.".

(b) A person completing a voter registration application or submitting a change of address shall be notified of the option to receive a vote by mail ballot. Upon request of the person, the voter registration application or change of address form shall serve as an application to receive an official vote by mail ballot, and the individual need not complete a separate vote by mail application. An elector who is a resident of a location covered by Section 203 of the federal Voting Rights Act of 1965 or local language access requirements must be offered a voter registration application in a language of the applicable minority group and must be able to request a vote by mail ballot in the language of the applicable minority group. Upon processing the voter registration application and accepting the application without rejection, the election authority shall provide the individual with an official vote by mail ballot for the next occurring election.

(Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21; 103-467, eff. 8-4-23.)

Section 15. The Unified Code of Corrections is amended by changing Sections 3-6-3, 3-14-1, and 5-5-5 and by adding Sections 5-5-11 and 5-5-12 as follows:

(730 ILCS 5/3-6-3)

Sec. 3-6-3. Rules and regulations for sentence credit.

(a)(1) The Department of Corrections shall prescribe rules and regulations for awarding and revoking sentence credit for persons committed to the Department of Corrections and the Department of Juvenile Justice shall prescribe rules and regulations for awarding and revoking sentence credit for persons committed to the Department of Juvenile Justice under Section 5-8-6 of the Unified Code of Corrections, which shall be subject to review by the Prisoner Review Board.

(1.5) As otherwise provided by law, sentence credit may be awarded for the following:

(A) successful completion of programming while in custody of the Department of Corrections or the Department of Juvenile Justice or while in custody prior to sentencing;

(B) compliance with the rules and regulations of the Department; or

(C) service to the institution, service to a community, or service to the State.

(2) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide, with respect to offenses listed in clause (i), (ii), or (iii) of this paragraph (2) committed on or after June 19, 1998 or with respect to the offense listed in clause (iv) of this paragraph (2) committed on or after June 23, 2005 (the effective date of Public Act 94-71) or with respect to offense listed in clause (vi) committed on or after June 1, 2008 (the effective date of Public Act 95-625) or with respect to the offense of being an armed habitual criminal committed on or after August 2, 2005 (the effective date of Public Act 94-398) or with respect to the offenses listed in clause (v) of this paragraph (2) committed on or after August 13, 2007 (the effective date of Public Act 95-134) or with respect to the offense of aggravated domestic battery committed on or after July 23, 2010 (the effective date of Public Act 96-1224) or with respect to the offense of attempt to commit terrorism committed on or after January 1, 2013 (the effective date of Public Act 97-990), the following:

(i) that a prisoner who is serving a term of imprisonment for first degree murder or for the offense of terrorism shall receive no sentence credit and shall serve the entire sentence imposed by the court;

(ii) that a prisoner serving a sentence for attempt to commit terrorism, attempt to commit first degree murder, solicitation of murder, solicitation of murder for hire, intentional homicide of an unborn child, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated kidnapping, aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05, heinous battery as described in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, being an armed habitual criminal, aggravated battery of a senior citizen as described in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05, or aggravated battery of a child as described in Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment;

(iii) that a prisoner serving a sentence for home invasion, armed robbery, aggravated vehicular hijacking, aggravated discharge of a firearm, or armed violence with a category I weapon or category II weapon, when the court has made and entered a finding, pursuant to subsection (c-1) of Section 5-4-1 of this Code, that the conduct leading to conviction for the enumerated offense resulted in great bodily harm to a victim, shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment;

(iv) that a prisoner serving a sentence for aggravated discharge of a firearm, whether or not the conduct leading to conviction for the offense resulted in great bodily harm to the victim, shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment;

(v) that a person serving a sentence for gunrunning, narcotics racketeering, controlled substance trafficking, methamphetamine trafficking, drug-induced homicide, aggravated methamphetamine-related child endangerment, money laundering pursuant to clause (c) (4) or (5) of Section 29B-1 of the Criminal Code of 1961 or the Criminal Code of 2012, or a Class X felony conviction for delivery of a controlled substance, possession of a controlled substance with intent to manufacture or deliver, calculated criminal drug conspiracy, criminal drug conspiracy, street gang criminal drug conspiracy, participation in methamphetamine manufacturing, aggravated participation in methamphetamine manufacturing, delivery of methamphetamine, possession with intent to deliver methamphetamine, aggravated delivery of methamphetamine, aggravated possession with intent to deliver methamphetamine, methamphetamine conspiracy when the substance containing the controlled substance or methamphetamine is 100 grams or more shall receive no more than 7.5 days sentence credit for each month of his or her sentence of imprisonment;

(vi) that a prisoner serving a sentence for a second or subsequent offense of luring a minor shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment; and

(vii) that a prisoner serving a sentence for aggravated domestic battery shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment.

(2.1) For all offenses, other than those enumerated in subdivision (a)(2)(i), (ii), or (iii) committed on or after June 19, 1998 or subdivision (a)(2)(iv) committed on or after June 23, 2005 (the effective date of Public Act 94-71) or subdivision (a)(2)(v) committed on or after August 13, 2007 (the effective date of Public Act 95-134) or subdivision (a)(2)(vi) committed on or after June 1, 2008 (the effective date of Public Act 95-625) or subdivision (a)(2)(vii) committed on or after July 23, 2010 (the effective date of Public Act 96-1224), and other than the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code, and other than the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230), the rules and regulations shall provide that a prisoner who is serving a term of imprisonment shall receive one day of sentence credit for each day of his or her sentence of imprisonment or recommitment under Section 3-3-9. Each day of sentence credit shall reduce by one day the prisoner's period of imprisonment or recommitment under Section 3-3-9.

(2.2) A prisoner serving a term of natural life imprisonment shall receive no sentence credit.

(2.3) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide that a prisoner who is serving a sentence for aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code, shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment.

(2.4) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide with respect to the offenses of aggravated battery with a machine gun or a firearm equipped with any device or attachment designed or used for silencing the report of a firearm or aggravated discharge of a machine gun or a firearm equipped with any device or attachment designed or used for silencing the report of a firearm, committed on or after July 15, 1999 (the effective date of Public Act 91-121), that a prisoner serving a sentence for any of these offenses shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment.

(2.5) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide that a prisoner who is serving a sentence for aggravated arson committed on or after July 27, 2001 (the effective date of Public Act 92-176) shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment.

(2.6) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations on sentence credit shall provide that a prisoner who is serving a sentence for aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds or any combination thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230) shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment.

(3) In addition to the sentence credits earned under paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this subsection (a), the rules and regulations shall also provide that the Director of Corrections or the Director of Juvenile Justice may award up to 180 days of earned sentence credit for prisoners serving a sentence of incarceration of less than 5 years, and up to 365 days of earned sentence credit for prisoners serving a sentence of 5 years or longer. The Director may grant this credit for good conduct in specific instances as either Director deems proper for eligible persons in the custody of each Director's respective Department. The good conduct may include, but is not limited to, compliance with the rules and regulations of the Department, service to the Department, service to a community, or service to the State.

Eligible inmates for an award of earned sentence credit under this paragraph (3) may be selected to receive the credit at either Director's or his or her designee's sole discretion. Eligibility for the additional earned sentence credit under this paragraph (3) may be based on, but is not limited to, participation in programming offered by the Department as appropriate for the prisoner based on the results of any available risk/needs assessment or other relevant assessments or evaluations administered by the Department using a validated instrument, the circumstances of the crime, demonstrated commitment to rehabilitation by a prisoner with a history of conviction for a forcible felony enumerated in Section 2-8 of the Criminal Code of 2012, the inmate's behavior and improvements in disciplinary history while incarcerated, and the inmate's commitment to rehabilitation, including participation in programming offered by the Department.

The Director of Corrections or the Director of Juvenile Justice shall not award sentence credit under this paragraph (3) to an inmate unless the inmate has served a minimum of 60 days of the sentence, including time served in a county jail; except nothing in this paragraph shall be construed to permit either Director to extend an inmate's sentence beyond that which was imposed by the court. Prior to awarding credit under this paragraph (3), each Director shall make a written determination that the inmate:

(A) is eligible for the earned sentence credit;

(B) has served a minimum of 60 days, or as close to 60 days as the sentence will allow;

(B-1) has received a risk/needs assessment or other relevant evaluation or assessment administered by the Department using a validated instrument; and

(C) has met the eligibility criteria established by rule for earned sentence credit.

The Director of Corrections or the Director of Juvenile Justice shall determine the form and content of the written determination required in this subsection.

(3.5) The Department shall provide annual written reports to the Governor and the General Assembly on the award of earned sentence credit no later than February 1 of each year. The Department must publish both reports on its website within 48 hours of transmitting the reports to the Governor and the General Assembly. The reports must include:

(A) the number of inmates awarded earned sentence credit;

(B) the average amount of earned sentence credit awarded;

(C) the holding offenses of inmates awarded earned sentence credit; and

(D) the number of earned sentence credit revocations.

(4)(A) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall also provide that any prisoner who is engaged full-time in any full-time substance abuse programs, correctional industry assignments, educational programs (including without limitation peer-led programs for both the peer-educators and program participants), work-release programs or activities in accordance with Article 13 of Chapter III of this Code, behavior modification programs, life skills courses, or re-entry planning provided by the Department under this paragraph (4) and satisfactorily completes the assigned program as determined by the standards of the Department, shall receive one day of sentence credit for each day in which that prisoner is engaged in the activities described in this paragraph. The rules and regulations shall also provide that sentence credit may be provided to an inmate who was held in pre-trial detention prior to his or her current commitment to the Department of Corrections and successfully completed a full-time, 60-day or longer substance abuse program, educational program, behavior modification program, life skills course, or re-entry planning provided by the county department of corrections or county jail. Calculation of this county program credit shall be done at sentencing as provided in Section 5-4.5-100 of this Code and shall be included in the sentencing order. The rules and regulations shall also provide that sentence credit may be provided to an inmate who is in compliance with programming requirements in an adult transition center.

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

(i) documentation provided by the Department that the inmate engaged in any full-time substance abuse programs, correctional industry assignments, educational programs (including without limitation peer-led programs for both the peer-educators and program participants), behavior modification programs, life skills courses, or re-entry planning provided by the Department under this paragraph (4) and satisfactorily completed the assigned program as determined by the standards of the Department during the inmate's current term of incarceration; or

(ii) the inmate's own testimony in the form of an affidavit or documentation, or a third party's documentation or testimony in the form of an affidavit that the inmate likely engaged in any full-time substance abuse programs, correctional industry assignments, educational programs (including without limitation peer-led programs for both the peer-educators and program participants), behavior modification programs, life skills courses, or re-entry planning provided by the Department under paragraph (4) and satisfactorily completed the assigned program as determined by the standards of the Department during the inmate's current term of incarceration.

(C) If the inmate can provide documentation that he or she is entitled to sentence credit under subparagraph (B) in excess of 45 days of participation in those programs, the inmate shall receive 90 days of sentence credit. If the inmate cannot provide documentation of more than 45 days of participation in those programs, the inmate shall receive 45 days of sentence credit. In the event of a disagreement between the Department and the inmate as to the amount of credit accumulated under subparagraph (B), if the Department provides documented proof of a lesser amount of days of participation in those programs, that proof shall control. If the Department provides no documentary proof, the inmate's proof as set forth in clause (ii) of subparagraph (B) shall control as to the amount of sentence credit provided.

(D) If the inmate has been convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act, sentencing credits under subparagraph (B) of this paragraph (4) shall be awarded by the Department only if the conditions set forth in paragraph (4.6) of subsection (a) are satisfied. No inmate serving a term of natural life imprisonment shall receive sentence credit under subparagraph (B) of this paragraph (4).

(E) The rules and regulations shall provide for the recalculation of program credits awarded pursuant to this paragraph (4) prior to July 1, 2021 (the effective date of Public Act 101-652) at the rate set for such credits on and after July 1, 2021.

Educational, vocational, substance abuse, behavior modification programs, life skills courses, re-entry planning, and correctional industry programs under which sentence credit may be earned under this paragraph (4) and paragraph (4.1) of this subsection (a) shall be evaluated by the Department on the basis of documented standards. The Department shall report the results of these evaluations to the Governor and the General Assembly by September 30th of each year. The reports shall include data relating to the recidivism rate among program participants (including peer educators).

Availability of these programs shall be subject to the limits of fiscal resources appropriated by the General Assembly for these purposes. Eligible inmates who are denied immediate admission shall be placed on a waiting list under criteria established by the Department. The rules and regulations shall provide that a prisoner who has been placed on a waiting list but is transferred for non-disciplinary reasons before beginning a program shall receive priority placement on the waitlist for appropriate programs at the new facility. The inability of any inmate to become engaged in any such programs by reason of insufficient program resources or for any other reason established under the rules and regulations of the Department shall not be deemed a cause of action under which the Department or any employee or agent of the Department shall be liable for damages to the inmate. The rules and regulations shall provide that a prisoner who begins an educational, vocational, substance abuse, work-release programs or activities in accordance with Article 13 of Chapter III of this Code, behavior modification program, life skills course, re-entry planning, or correctional industry programs but is unable to complete the program due to illness, disability, transfer, lockdown, or another reason outside of the prisoner's control shall receive prorated sentence credits for the days in which the prisoner did participate.

(4.1) Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall also provide that an additional 90 days of sentence credit shall be awarded to any prisoner who passes high school equivalency testing while the prisoner is committed to the Department of Corrections. The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be pursuant to the guidelines and restrictions set forth in paragraph (4) of subsection (a) of this Section. The sentence credit provided for in this paragraph shall be available only to those prisoners who have not previously earned a high school diploma or a State of Illinois High School Diploma. If, after an award of the high school equivalency testing sentence credit has been made, the Department determines that the prisoner was not eligible, then the award shall be revoked. The Department may also award 90 days of sentence credit to any committed person who passed high school equivalency testing while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections. Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall provide that an additional 120 days of sentence credit shall be awarded to any prisoner who obtains an associate degree while the prisoner is committed to the Department of Corrections, regardless of the date that the associate degree was obtained, including if prior to July 1, 2021 (the effective date of Public Act 101-652). The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be under the guidelines and restrictions set forth in paragraph (4) of subsection (a) of this Section. The sentence credit provided for in this paragraph (4.1) shall be available only to those prisoners who have not previously earned an associate degree prior to the current commitment to the Department of Corrections. If, after an award of the associate degree sentence credit has been made and the Department determines that the prisoner was not eligible, then the award shall be revoked. The Department may also award 120 days of sentence credit to any committed person who earned an associate degree while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections.

Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall provide that an additional 180 days of sentence credit shall be awarded to any prisoner who obtains a bachelor's degree while the prisoner is committed to the Department of Corrections. The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be under the guidelines and restrictions set forth in paragraph (4) of this subsection (a). The sentence credit provided for in this paragraph shall be available only to those prisoners who have not earned a bachelor's degree prior to the current commitment to the Department of Corrections. If, after an award of the bachelor's degree sentence credit has been made, the Department determines that the prisoner was not eligible, then the award shall be revoked. The Department may also award 180 days of sentence credit to any committed person who earned a bachelor's degree while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections.

Except as provided in paragraph (4.7) of this subsection (a), the rules and regulations shall provide that an additional 180 days of sentence credit shall be awarded to any prisoner who obtains a master's or professional degree while the prisoner is committed to the Department of Corrections. The sentence credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of sentence credit under any other paragraph of this Section, but shall also be under the guidelines and restrictions set forth in paragraph (4) of this subsection (a). The sentence credit provided for in this paragraph shall be available only to those prisoners who have not previously earned a master's or professional degree prior to the current commitment to the Department of Corrections. If, after an award of the master's or professional degree sentence credit has been made, the Department determines that the prisoner was not eligible, then the award shall be revoked. The Department may also award 180 days of sentence credit to any committed person who earned a master's or professional degree while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections.

(4.2)(A) The rules and regulations shall also provide that any prisoner engaged in self-improvement programs, volunteer work, or work assignments that are not otherwise eligible activities under paragraph (4), shall receive up to 0.5 days of sentence credit for each day in which the prisoner is engaged in activities described in this paragraph.

(B) The rules and regulations shall provide for the award of sentence credit under this paragraph (4.2) for qualifying days of engagement in eligible activities occurring prior to July 1, 2021 (the effective date of Public Act 101-652).

(4.5) The rules and regulations on sentence credit shall also provide that when the court's sentencing order recommends a prisoner for substance abuse treatment and the crime was committed on or after September 1, 2003 (the effective date of Public Act 93-354), the prisoner shall receive no sentence credit awarded under clause (3) of this subsection (a) unless he or she participates in and completes a substance abuse treatment program. The Director of Corrections may waive the requirement to participate in or complete a substance abuse treatment program in specific instances if the prisoner is not a good candidate for a substance abuse treatment program for medical, programming, or operational reasons. Availability of substance abuse treatment shall be subject to the limits of fiscal resources appropriated by the General Assembly for these purposes. If treatment is not available and the requirement to participate and complete the treatment has not been waived by the Director, the prisoner shall be placed on a waiting list under criteria established by the Department. The Director may allow a prisoner placed on a waiting list to participate in and complete a substance abuse education class or attend substance abuse self-help meetings in lieu of a substance abuse treatment program. A prisoner on a waiting list who is not placed in a substance abuse program prior to release may be eligible for a waiver and receive sentence credit under clause (3) of this subsection (a) at the discretion of the Director.

(4.6) The rules and regulations on sentence credit shall also provide that a prisoner who has been convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act shall receive no sentence credit unless he or she either has successfully completed or is participating in sex offender treatment as defined by the Sex Offender Management Board. However, prisoners who are waiting to receive treatment, but who are unable to do so due solely to the lack of resources on the part of the Department, may, at either Director's sole discretion, be awarded sentence credit at a rate as the Director shall determine.

(4.7) On or after January 1, 2018 (the effective date of Public Act 100-3), sentence credit under paragraph (3), (4), or (4.1) of this subsection (a) may be awarded to a prisoner who is serving a sentence for an offense described in paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned on or after January 1, 2018 (the effective date of Public Act 100-3); provided, the award of the credits under this paragraph (4.7) shall not reduce the sentence of the prisoner to less than the following amounts:

(i) 85% of his or her sentence if the prisoner is required to serve 85% of his or her sentence; or

(ii) 60% of his or her sentence if the prisoner is required to serve 75% of his or her sentence, except if the prisoner is serving a sentence for gunrunning his or her sentence shall not be reduced to less than 75%.

(iii) 100% of his or her sentence if the prisoner is required to serve 100% of his or her sentence.

(5) Whenever the Department is to release any inmate earlier than it otherwise would because of a grant of earned sentence credit under paragraph (3) of subsection (a) of this Section given at any time during the term, the Department shall give reasonable notice of the impending release not less than 14 days prior to the date of the release to the State's Attorney of the county where the prosecution of the inmate took place, and if applicable, the State's Attorney of the county into which the inmate will be released. The Department must also make identification information and a recent photo of the inmate being released accessible on the Internet by means of a hyperlink labeled "Community Notification of Inmate Early Release" on the Department's World Wide Web homepage. The identification information shall include the inmate's: name, any known alias, date of birth, physical characteristics, commitment offense, and county where conviction was imposed. The identification information shall be placed on the website within 3 days of the inmate's release and the information may not be removed until either: completion of the first year of mandatory supervised release or return of the inmate to custody of the Department.

(b) Whenever a person is or has been committed under several convictions, with separate sentences, the sentences shall be construed under Section 5-8-4 in granting and forfeiting of sentence credit.

(c) (1) The Department shall prescribe rules and regulations for revoking sentence credit, including revoking sentence credit awarded under paragraph (3) of subsection (a) of this Section. The Department shall prescribe rules and regulations establishing and requiring the use of a sanctions matrix for revoking sentence credit. The Department shall prescribe rules and regulations for suspending or reducing the rate of accumulation of sentence credit for specific rule violations, during imprisonment. These rules and regulations shall provide that no inmate may be penalized more than one year of sentence credit for any one infraction.

(2) When the Department seeks to revoke, suspend, or reduce the rate of accumulation of any sentence credits for an alleged infraction of its rules, it shall bring charges therefor against the prisoner sought to be so deprived of sentence credits before the Prisoner Review Board as provided in subparagraph (a)(4) of Section 3-3-2 of this Code, if the amount of credit at issue exceeds 30 days, whether from one infraction or cumulatively from multiple infractions arising out of a single event, or when, during any 12-month period, the cumulative amount of credit revoked exceeds 30 days except where the infraction is committed or discovered within 60 days of scheduled release. In those cases, the Department of Corrections may revoke up to 30 days of sentence credit. The Board may subsequently approve the revocation of additional sentence credit, if the Department seeks to revoke sentence credit in excess of 30 days. However, the Board shall not be empowered to review the Department's decision with respect to the loss of 30 days of sentence credit within any calendar year for any prisoner or to increase any penalty beyond the length requested by the Department.

(3) The Director of Corrections or the Director of Juvenile Justice, in appropriate cases, may restore sentence credits which have been revoked, suspended, or reduced. The Department shall prescribe rules and regulations governing the restoration of sentence credits. These rules and regulations shall provide for the automatic restoration of sentence credits following a period in which the prisoner maintains a record without a disciplinary violation.

Nothing contained in this Section shall prohibit the Prisoner Review Board from ordering, pursuant to Section 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the sentence imposed by the court that was not served due to the accumulation of sentence credit.

(d) If a lawsuit is filed by a prisoner in an Illinois or federal court against the State, the Department of Corrections, or the Prisoner Review Board, or against any of their officers or employees, and the court makes a specific finding that a pleading, motion, or other paper filed by the prisoner is frivolous, the Department of Corrections shall conduct a hearing to revoke up to 180 days of sentence credit by bringing charges against the prisoner sought to be deprived of the sentence credits before the Prisoner Review Board as provided in subparagraph (a)(8) of Section 3-3-2 of this Code. If the prisoner has not accumulated 180 days of sentence credit at the time of the finding, then the Prisoner Review Board may revoke all sentence credit accumulated by the prisoner.

For purposes of this subsection (d):

(1) "Frivolous" means that a pleading, motion, or other filing which purports to be a legal document filed by a prisoner in his or her lawsuit meets any or all of the following criteria:

(A) it lacks an arguable basis either in law or in fact;

(B) it is being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;

(C) the claims, defenses, and other legal contentions therein are not warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;

(D) the allegations and other factual contentions do not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; or

(E) the denials of factual contentions are not warranted on the evidence, or if specifically so identified, are not reasonably based on a lack of information or belief.

(2) "Lawsuit" means a motion pursuant to Section 116-3 of the Code of Criminal Procedure of 1963, a habeas corpus action under Article X of the Code of Civil Procedure or under federal law (28 U.S.C. 2254), a petition for claim under the Court of Claims Act, an action under the federal Civil Rights Act (42 U.S.C. 1983), or a second or subsequent petition for post-conviction relief under Article 122 of the Code of Criminal Procedure of 1963 whether filed with or without leave of court or a second or subsequent petition for relief from judgment under Section 2-1401 of the Code of Civil Procedure.

(e) Nothing in Public Act 90-592 or 90-593 affects the validity of Public Act 89-404.

(f) Whenever the Department is to release any inmate who has been convicted of a violation of an order of protection under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, earlier than it otherwise would because of a grant of sentence credit, the Department, as a condition of release, shall require that the person, upon release, be placed under electronic surveillance as provided in Section 5-8A-7 of this Code.

(Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; 102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff. 1-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; revised 12-15-23.)

(730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)

Sec. 3-14-1. Release from the institution.

(a) Upon release of a person on parole, mandatory release, final discharge, or pardon, the Department shall return all property held for him, provide him with suitable clothing and procure necessary transportation for him to his designated place of residence and employment. It may provide such person with a grant of money for travel and expenses which may be paid in installments. The amount of the money grant shall be determined by the Department.

(a-1) The Department shall, before a wrongfully imprisoned person, as defined in Section 3-1-2 of this Code, is discharged from the Department, provide him or her with any documents necessary after discharge.

(a-2) The Department of Corrections may establish and maintain, in any institution it administers, revolving funds to be known as "Travel and Allowances Revolving Funds". These revolving funds shall be used for advancing travel and expense allowances to committed, paroled, and discharged prisoners. The moneys paid into such revolving funds shall be from appropriations to the Department for Committed, Paroled, and Discharged Prisoners.

(a-3) (Blank). Upon release of a person who is eligible to vote on parole, mandatory release, final discharge, or pardon, the Department shall provide the person with a form that informs him or her that his or her voting rights have been restored and a voter registration application. The Department shall have available voter registration applications in the languages provided by the Illinois State Board of Elections. The form that informs the person that his or her rights have been restored shall include the following information:

(1) All voting rights are restored upon release from the Department's custody.

(2) A person who is eligible to vote must register in order to be able to vote.

The Department of Corrections shall confirm that the person received the voter registration application and has been informed that his or her voting rights have been restored.

(a-4) Prior to release of a person on parole, mandatory supervised release, final discharge, or pardon, the Department shall screen every person for Medicaid eligibility. Officials of the correctional institution or facility where the committed person is assigned shall assist an eligible person to complete a Medicaid application to ensure that the person begins receiving benefits as soon as possible after his or her release. The application must include the eligible person's address associated with his or her residence upon release from the facility. If the residence is temporary, the eligible person must notify the Department of Human Services of his or her change in address upon transition to permanent housing.

(b) (Blank).

(c) Except as otherwise provided in this Code, the Department shall establish procedures to provide written notification of any release of any person who has been convicted of a felony to the State's Attorney and sheriff of the county from which the offender was committed, and the State's Attorney and sheriff of the county into which the offender is to be paroled or released. Except as otherwise provided in this Code, the Department shall establish procedures to provide written notification to the proper law enforcement agency for any municipality of any release of any person who has been convicted of a felony if the arrest of the offender or the commission of the offense took place in the municipality, if the offender is to be paroled or released into the municipality, or if the offender resided in the municipality at the time of the commission of the offense. If a person convicted of a felony who is in the custody of the Department of Corrections or on parole or mandatory supervised release informs the Department that he or she has resided, resides, or will reside at an address that is a housing facility owned, managed, operated, or leased by a public housing agency, the Department must send written notification of that information to the public housing agency that owns, manages, operates, or leases the housing facility. The written notification shall, when possible, be given at least 14 days before release of the person from custody, or as soon thereafter as possible. The written notification shall be provided electronically if the State's Attorney, sheriff, proper law enforcement agency, or public housing agency has provided the Department with an accurate and up to date email address.

(c-1) (Blank).

(c-2) The Department shall establish procedures to provide notice to the Illinois State Police of the release or discharge of persons convicted of violations of the Methamphetamine Control and Community Protection Act or a violation of the Methamphetamine Precursor Control Act. The Illinois State Police shall make this information available to local, State, or federal law enforcement agencies upon request.

(c-5) If a person on parole or mandatory supervised release becomes a resident of a facility licensed or regulated by the Department of Public Health, the Illinois Department of Public Aid, or the Illinois Department of Human Services, the Department of Corrections shall provide copies of the following information to the appropriate licensing or regulating Department and the licensed or regulated facility where the person becomes a resident:

(1) The mittimus and any pre-sentence investigation reports.

(2) The social evaluation prepared pursuant to Section 3-8-2.

(3) Any pre-release evaluation conducted pursuant to subsection (j) of Section 3-6-2.

(4) Reports of disciplinary infractions and dispositions.

(5) Any parole plan, including orders issued by the Prisoner Review Board, and any violation reports and dispositions.

(6) The name and contact information for the assigned parole agent and parole supervisor.

This information shall be provided within 3 days of the person becoming a resident of the facility.

(c-10) If a person on parole or mandatory supervised release becomes a resident of a facility licensed or regulated by the Department of Public Health, the Illinois Department of Public Aid, or the Illinois Department of Human Services, the Department of Corrections shall provide written notification of such residence to the following:

(1) The Prisoner Review Board.

(2) The chief of police and sheriff in the municipality and county in which the licensed facility is located.

The notification shall be provided within 3 days of the person becoming a resident of the facility.

(d) Upon the release of a committed person on parole, mandatory supervised release, final discharge, or pardon, the Department shall provide such person with information concerning programs and services of the Illinois Department of Public Health to ascertain whether such person has been exposed to the human immunodeficiency virus (HIV) or any identified causative agent of Acquired Immunodeficiency Syndrome (AIDS).

(e) Upon the release of a committed person on parole, mandatory supervised release, final discharge, pardon, or who has been wrongfully imprisoned, the Department shall verify the released person's full name, date of birth, and social security number. If verification is made by the Department by obtaining a certified copy of the released person's birth certificate and the released person's social security card or other documents authorized by the Secretary, the Department shall provide the birth certificate and social security card or other documents authorized by the Secretary to the released person. If verification by the Department is done by means other than obtaining a certified copy of the released person's birth certificate and the released person's social security card or other documents authorized by the Secretary, the Department shall complete a verification form, prescribed by the Secretary of State, and shall provide that verification form to the released person.

(f) Forty-five days prior to the scheduled discharge of a person committed to the custody of the Department of Corrections, the Department shall give the person:

(1) who is otherwise uninsured an opportunity to apply for health care coverage including medical assistance under Article V of the Illinois Public Aid Code in accordance with subsection (b) of Section 1-8.5 of the Illinois Public Aid Code, and the Department of Corrections shall provide assistance with completion of the application for health care coverage including medical assistance;

(2) information about obtaining a standard Illinois Identification Card or a limited-term Illinois Identification Card under Section 4 of the Illinois Identification Card Act if the person has not been issued an Illinois Identification Card under subsection (a-20) of Section 4 of the Illinois Identification Card Act;

(3) information about voter registration and may distribute information prepared by the State Board of Elections. The Department of Corrections may enter into an interagency contract with the State Board of Elections to participate in the automatic voter registration program and be a designated automatic voter registration agency under Section 1A-16.2 of the Election Code;

(4) information about job listings upon discharge from the correctional institution or facility;

(5) information about available housing upon discharge from the correctional institution or facility;

(6) a directory of elected State officials and of officials elected in the county and municipality, if any, in which the committed person intends to reside upon discharge from the correctional institution or facility; and

(7) any other information that the Department of Corrections deems necessary to provide the committed person in order for the committed person to reenter the community and avoid recidivism.

(g) Sixty days before the scheduled discharge of a person committed to the custody of the Department or upon receipt of the person's certified birth certificate and social security card as set forth in subsection (d) of Section 3-8-1 of this Act, whichever occurs later, the Department shall transmit an application for an Identification Card to the Secretary of State, in accordance with subsection (a-20) of Section 4 of the Illinois Identification Card Act.

The Department may adopt rules to implement this Section.

(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-606, eff. 1-1-22; 102-813, eff. 5-13-22; 103-345, eff. 1-1-24.)

(730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)

Sec. 5-5-5. Loss and restoration of rights.

(a) Conviction and disposition shall not entail the loss by the defendant of any civil rights, except under this Section and Sections 29-6 and 29-10 of The Election Code, as now or hereafter amended.

(b) A person convicted of a felony shall be ineligible to hold an office created by the Constitution of this State until the completion of his sentence.

(b-5) Notwithstanding any other provision of law, a person convicted of a felony, bribery, perjury, or other infamous crime for an offense committed on or after the effective date of this amendatory Act of the 103rd General Assembly and committed while he or she was serving as a public official in this State is ineligible to hold any local public office or any office created by the Constitution of this State unless the person's conviction is reversed, the person is again restored to such rights by the terms of a pardon for the offense, the person has received a restoration of rights by the Governor, or the person's rights are otherwise restored by law.

(c) Beginning on January 1, 2025, a person convicted of a felony or otherwise under sentence in a correctional institution shall have his or her right to vote restored not later than 14 days following his or her conviction. A person who is serving a sentence in a correctional institution starting prior to January 1, 2025, shall have his or her right to vote restored not later than January 14, 2025 A person sentenced to imprisonment shall lose his right to vote until released from imprisonment.

(d) On completion of sentence of imprisonment or upon discharge from probation, conditional discharge or periodic imprisonment, or at any time thereafter, all license rights and privileges granted under the authority of this State which have been revoked or suspended because of conviction of an offense shall be restored unless the authority having jurisdiction of such license rights finds after investigation and hearing that restoration is not in the public interest. This paragraph (d) shall not apply to the suspension or revocation of a license to operate a motor vehicle under the Illinois Vehicle Code.

(e) Upon a person's discharge from incarceration or parole, or upon a person's discharge from probation or at any time thereafter, the committing court may enter an order certifying that the sentence has been satisfactorily completed when the court believes it would assist in the rehabilitation of the person and be consistent with the public welfare. Such order may be entered upon the motion of the defendant or the State or upon the court's own motion.

(f) Upon entry of the order, the court shall issue to the person in whose favor the order has been entered a certificate stating that his behavior after conviction has warranted the issuance of the order.

(g) This Section shall not affect the right of a defendant to collaterally attack his conviction or to rely on it in bar of subsequent proceedings for the same offense.

(h) No application for any license specified in subsection (i) of this Section granted under the authority of this State shall be denied by reason of an eligible offender who has obtained a certificate of relief from disabilities, as defined in Article 5.5 of this Chapter, having been previously convicted of one or more criminal offenses, or by reason of a finding of lack of "good moral character" when the finding is based upon the fact that the applicant has previously been convicted of one or more criminal offenses, unless:

(1) there is a direct relationship between one or more of the previous criminal offenses and the specific license sought; or

(2) the issuance of the license would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.

In making such a determination, the licensing agency shall consider the following factors:

(1) the public policy of this State, as expressed in Article 5.5 of this Chapter, to encourage the licensure and employment of persons previously convicted of one or more criminal offenses;

(2) the specific duties and responsibilities necessarily related to the license being sought;

(3) the bearing, if any, the criminal offenses or offenses for which the person was previously convicted will have on his or her fitness or ability to perform one or more such duties and responsibilities;

(4) the time which has elapsed since the occurrence of the criminal offense or offenses;

(5) the age of the person at the time of occurrence of the criminal offense or offenses;

(6) the seriousness of the offense or offenses;

(7) any information produced by the person or produced on his or her behalf in regard to his or her rehabilitation and good conduct, including a certificate of relief from disabilities issued to the applicant, which certificate shall create a presumption of rehabilitation in regard to the offense or offenses specified in the certificate; and

(8) the legitimate interest of the licensing agency in protecting property, and the safety and welfare of specific individuals or the general public.

(i) A certificate of relief from disabilities shall be issued only for a license or certification issued under the following Acts:

(1) the Animal Welfare Act; except that a certificate of relief from disabilities may not be granted to provide for the issuance or restoration of a license under the Animal Welfare Act for any person convicted of violating Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane Care for Animals Act or Section 26-5 or 48-1 of the Criminal Code of 1961 or the Criminal Code of 2012;

(2) the Illinois Athletic Trainers Practice Act;

(3) the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985;

(4) the Boiler and Pressure Vessel Repairer Regulation Act;

(5) the Boxing and Full-contact Martial Arts Act;

(6) the Illinois Certified Shorthand Reporters Act of 1984;

(7) the Illinois Farm Labor Contractor Certification Act;

(8) the Registered Interior Designers Act;

(9) the Illinois Professional Land Surveyor Act of 1989;

(10) the Landscape Architecture Registration Act;

(11) the Marriage and Family Therapy Licensing Act;

(12) the Private Employment Agency Act;

(13) the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act;

(14) the Real Estate License Act of 2000;

(15) the Illinois Roofing Industry Licensing Act;

(16) the Professional Engineering Practice Act of 1989;

(17) the Water Well and Pump Installation Contractor's License Act;

(18) the Electrologist Licensing Act;

(19) the Auction License Act;

(20) the Illinois Architecture Practice Act of 1989;

(21) the Dietitian Nutritionist Practice Act;

(22) the Environmental Health Practitioner Licensing Act;

(23) the Funeral Directors and Embalmers Licensing Code;

(24) (blank);

(25) the Professional Geologist Licensing Act;

(26) the Illinois Public Accounting Act; and

(27) the Structural Engineering Practice Act of 1989.

(Source: P.A. 102-284, eff. 8-6-21; 103-562, eff. 11-17-23.)

(730 ILCS 5/5-5-11 new)

Sec. 5-5-11. Civil actions. The Attorney General, any individual aggrieved by a violation of subsection (c) of Section 5-5-5, any entity whose membership includes individuals aggrieved by a violation of subsection (c) of Section 5-5-5, any entity whose mission would be frustrated by a violation of subsection (c) of Section 5-5-5, or any entity that would expend resources in order to fulfill its mission as a result of a violation of subsection (c) of Section 5-5-5, may file an action in a court of competent jurisdiction. This act is intended to benefit and protect the rights of individual voters and to provide a remedy for infringing on the rights granted under this Act.

(730 ILCS 5/5-5-12 new)

Sec. 5-5-12. Attorney's fees. Upon motion, a court shall award reasonable attorney's fees and costs, including expert witness fees and other litigation expenses, to a plaintiff in any action brought under Section 5-5-11: (1) who obtains some or all of their requested relief through a judicial judgment in the plaintiff's favor; (2) who obtains some or all of their requested relief through any settlement agreement approved by the court; or (3) whose pursuit of a non-frivolous claim was a catalyst for a unilateral change in position by the opposing party relative to the relief sought. In awarding reasonable attorney's fees, the court shall consider the degree to which the relief obtained relates to the relief sought.

Section 20. The Re-Entering Citizens Civics Education Act is amended by changing Sections 1, 5, 10, 15, 20, 25, 40, and by adding Section 45 as follows:

(730 ILCS 200/1)

Sec. 1. Short title. This Act may be cited as the Reintegration and Civic Empowerment Re-Entering Citizens Civics Education Act.

(Source: P.A. 101-441, eff. 1-1-20.)

(730 ILCS 200/5)

Sec. 5. Definitions. In this Act:

"Co-facilitators" means a committed person at the Department of Juvenile Justice who is specifically trained in voting rights education, who shall assist in conducting voting and civics education workshops for committed persons at the Department of Juvenile Justice; or a member of an established nonpartisan civic organization who has been trained to conduct voting and civics education workshops who are scheduled for discharge within 12 months.

"Committed person" means a person committed and confined to and in the physical custody of the Department of Corrections or the Department of Juvenile Justice.

"Commitment" means a judicially determined placement in the physical custody of the Department of Corrections or the Department of Juvenile Justice on the basis of conviction or delinquency.

"Correctional institution or facility" means a Department of Corrections or Department of Juvenile Justice building or part of a Department of Corrections or Department of Juvenile Justice building where committed persons are detained in a secure manner.

"Detainee" means a committed person in the physical custody of the Department of Corrections or the Department of Juvenile Justice.

"Director" includes the Directors of the Department of Corrections and the Department of Juvenile Justice unless the text solely specifies a particular Director.

"Discharge" means the end of a sentence or the final termination of a committed person's physical commitment to and confinement in the Department of Corrections. Discharge means the end of a sentence or the final termination of a committed person's physical commitment to and confinement in the Department of Juvenile Justice.

"Peer educator" means a committed person an incarcerated citizen at the Department of Corrections who is specifically trained in voting rights education, who shall conduct voting and civics education workshops for committed persons at the Department of Corrections who are scheduled for discharge within 12 months.

"Program" means the nonpartisan peer education and information instruction established by this Act.

"Program participant" means a committed person enrolled in the program or otherwise participating in a program workshop.

"Re-entering citizen" means any United States citizen who is: 17 years of age or older; in the physical custody of the Department of Corrections or Department of Juvenile Justice; and scheduled to be re-entering society within 12 months.

(Source: P.A. 101-441, eff. 1-1-20; 102-374, eff. 1-1-22; 102-558, eff. 8-20-21.)

(730 ILCS 200/10)

Sec. 10. Purpose; program. The purpose of this Act is to advance collective liberation, foster community healing, and establish individuals as active members of the community. The Department of Corrections and the Department of Juvenile Justice shall implement provide a nonpartisan peer-led civics program throughout the correctional institutions of this State to teach civics to soon-to-be released citizens who will be re-entering society. The goal of the program is to promote the successful integration of re-entering citizens, promote democracy, and reduce rates of recidivism within this State. This program, emphasizing that reintegration must be a collective effort, is designed to impart civics education to committed persons, including those on the verge of re-entering society. The overarching goals of the program are to facilitate the successful reintegration of committed persons into society, champion the principles of democracy, provide vital information to eligible voters among the committed population, contribute to the reduction of recidivism rates within the state, and improve community cohesion, recognizing its significance as a social determinant of health. For young people in particular, the study of civics helps people acquire and learn to use the skills, knowledge, and attitudes that will prepare them to be engaged citizens throughout their lives. This program shall coincide with and enhance existing laws to ensure that committed persons and voters re-entering citizens understand their civic responsibility and know how to secure or, if applicable, regain their right to vote as part of the exit process.

(Source: P.A. 101-441, eff. 1-1-20; 102-374, eff. 1-1-22.)

(730 ILCS 200/15)

Sec. 15. Curriculum and eligibility.

(a) The civics peer education program shall consist of a rigorous curriculum, and participants shall be instructed on subjects including, but not limited to, voting rights, governmental institutions, current affairs, and simulations of voter registration, election, and democratic processes. Each workshop held at the Department of Corrections shall consist of 3 sessions that are 90 minutes each and that do not need to be taken consecutively. The workshops held at the Department of Juvenile Justice shall consist of 270 minutes of instruction. The Department of Corrections shall conduct each of the 3 sessions not less than twice a month at each correctional institution totaling not less than 6 sessions per month at each correctional institution.

(b) The Department of Corrections and the Department of Juvenile Justice must offer committed persons the first re-entering citizens scheduled to be discharged within 12 months with the civics peer education workshop session within 90 days of commitment and must offer and make available the entirety of the civics peer education program to committed persons within 12 months of commitment program, and each re-entering citizen must enroll in the program one to 12 months prior to his or her expected date of release. This workshop must be included in the standard exit process.

The Department of Corrections and the Department of Juvenile Justice should aim to include this workshop in conjunction with other commitment pre-release procedures and movements. Delays in a workshop being provided shall not cause delays in discharge. Committed persons may not be prevented from attending workshops due to staffing shortages, lockdowns, or to conflicts with family or legal visits, court dates, medical appointments, commissary visits, recreational sessions, dining, work, class, or bathing schedules. In case of conflict or staffing shortages, committed persons re-entering citizens must be given full opportunity to attend a workshop at a later time.

(c) The civics peer education program and workshops must be made available to all committed persons regardless of the date they were first committed or the length of their sentence. Committed persons shall be allowed to enroll in the program multiple times or participate in workshop sessions multiple times. If necessary due to limitations on the number of persons that can attend an individual workshop, the Department of Corrections and the Department of Juvenile Justice may prioritize attendance for participants who have not completed the civics peer education program but shall not otherwise restrict access to the program or workshops on the basis of a person's commitment date or length of sentence, except as necessary to allow a committed person near the end of their term of commitment to complete the program before their release from commitment.

(Source: P.A. 101-441, eff. 1-1-20; 102-374, eff. 1-1-22.)

(730 ILCS 200/20)

Sec. 20. Peer educator training. The civics peer education program shall be taught by peer educators who are persons citizens incarcerated in Department of Corrections facilities and specially trained by experienced peer educators and established nonpartisan civic organizations. Established nonpartisan civic organizations may be assisted by area political science or civics educators at colleges, universities, and high schools and by nonpartisan organizations providing re-entry services. The nonpartisan civic organizations shall provide adequate training to peer educators on matters including, but not limited to, voting rights, governmental institutions, current affairs, and simulations of voter registration, election, and democratic processes, and shall provide periodic updates to program content and to peer educators.

(Source: P.A. 101-441, eff. 1-1-20; 102-374, eff. 1-1-22.)

(730 ILCS 200/25)

Sec. 25. Voter and civic education program; content.

(a) Program content shall provide the following:

(1) nonpartisan information on voting history and voting procedures;

(2) nonpartisan definitions of local, State, and federal governmental institutions and offices; and

(3) examples and simulations of registration and voting processes, and access to voter registration and voting processes for those individuals who are eligible to vote.

(b) Established nonpartisan civic organizations shall provide periodic updates to program content and, if applicable, peer educators and co-facilitators. Updates shall reflect major relevant changes to election laws and processes in Illinois.

(c) Program content shall be delivered in the following manners:

(1) verbally via peer educators and co-facilitators;

(2) broadcasts via Department of Corrections and Department of Juvenile Justice internal television channels; or

(3) printed information packets.

(d) Peer educators and co-facilitators shall disseminate printed information for voting in the program participant's releasee's county, including, but not limited to, election authorities' addresses, all applicable Internet websites, and public contact information for all election authorities. This information shall be compiled into a civics handbook. The handbook shall also include key information condensed into a pocket information card.

(e) The This information in subsections (d) shall also be compiled electronically and posted on Department of Corrections' and Department of Juvenile Justice's website along with the Department of Corrections' Community Support Advisory Councils websites.

(e-1) The Department of Corrections and the Department of Juvenile Justice must make voter registration materials, including access to print or online voter registration forms, available to every committed person eligible to register to vote once each calendar month or provide any such materials within two (2) business days from the date requested by the committed person. At the start of early voting for any election, the Department of Corrections and the Department of Juvenile Justice must make the registration materials described in this section, along with all materials related to obtaining and submitting a ballot, available within 2 business days from the date requested or delivered to the correctional institution. Mail-in ballots shall be considered and treated in the same manner as legal mail and must be made available to the voter within two (2) business days of delivery to the correctional institution. Mail-in ballots must be delivered to a mail carrier within 2 days of a committed person requesting it be mailed unless the relevant election authority coordinates with the correctional facility for an alternative method of delivery.

(f) Department Directors shall ensure that the wardens or superintendents of all correctional institutions and facilities visibly post this information on all common areas of their respective institutions, and shall broadcast the same via in-house institutional information television channels. Directors shall ensure that updated information is distributed in a timely, visible, and accessible manner.

(g) The Director of Corrections shall order, in a clearly visible area of each parole office within this State, the posting of a notice stipulating voter eligibility and that contains the current Internet website address and voter registration information provided by State Board of Elections regarding voting rights for citizens released from the physical custody of the Department of Corrections and the Department of Juvenile Justice.

(h) All program content and materials shall be distributed annually to the Community Support Advisory Councils of the Department of Corrections for use in re-entry programs across this State.

(Source: P.A. 101-441, eff. 1-1-20; 102-374, eff. 1-1-22.)

(730 ILCS 200/40)

Sec. 40. Voter and civic education program monitoring and enforcement.

(a) The Director of Corrections and the Director of Juvenile Justice shall ensure that wardens or superintendents, program, educational, and security and movement staff permit these workshops to take place, and that program participants re-entering citizens are escorted to workshops in a consistent and timely manner.

(b) Compliance with this Act shall be monitored by a report published annually by the Department of Corrections and the Department of Juvenile Justice and containing data, which shall include the following: including

(1) numbers of committed persons re-entering citizens who enrolled in the program,

(2) numbers of committed persons re-entering citizens who completed the program,

(3) numbers of total committed persons,

(4) numbers of peer educators,

(5) and total numbers of committed persons who exited (including the number of those who were and the number of those under supervision), individuals discharged.

(6) numbers of mail-in ballots requested by committed persons,

(7) numbers of mail-in ballots delivered to mail carriers from correctional facilities,

(8) numbers of voter registration forms submitted to Election Authorities by committed persons by mail or otherwise.

Data shall be disaggregated by institution, discharge, or residence address of citizen, and other factors.

(Source: P.A. 101-441, eff. 1-1-20.)

(730 ILCS 200/45 new)

Sec. 45. Peer educator pay and stipends. The Department of Corrections shall create and implement paid structures in line with other states' rates for incarcerated teachers, including, but not limited to, professors.

Section 99. Effective date. This Act takes effect January 1, 2025.