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Public Act 102-1100 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Children and Family Services Act is amended | ||||
by changing Sections 8 and 35.10 as follows:
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(20 ILCS 505/8) (from Ch. 23, par. 5008)
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Sec. 8. Scholarships and fee waivers; tuition waiver. | ||||
(a) Each year the Department shall select a minimum of 53 | ||||
students (at least 4 of whom shall be children of veterans) to | ||||
receive scholarships and fee waivers which will enable them to | ||||
attend and complete their post-secondary education at a | ||||
community college, university, or college. Youth shall be | ||||
selected from among the youth for whom the Department has | ||||
court-ordered legal responsibility, youth who aged out of care | ||||
at age 18 or older, or youth formerly under care
who have been | ||||
adopted or who have been placed in private guardianship. | ||||
Recipients must have earned a high school diploma from an | ||||
accredited institution or a State of Illinois High School | ||||
Diploma high school equivalency certificate or diploma or have | ||||
met the State criteria for high school graduation before the | ||||
start of the school year for which they are applying for the | ||||
scholarship and waiver. Scholarships and fee waivers shall be | ||||
available to students for at least 5 years, provided they are |
continuing to work toward graduation. Unused scholarship | ||
dollars and fee waivers shall be reallocated to new | ||
recipients. No later than January 1, 2015, the Department | ||
shall promulgate rules identifying the criteria for | ||
"continuing to work toward graduation" and for reallocating | ||
unused scholarships and fee waivers. Selection shall be made | ||
on the
basis of several factors, including, but not limited | ||
to, scholastic record, aptitude, and general interest in | ||
higher
education. The selection committee shall include at | ||
least 2 individuals formerly under the care of the Department | ||
who have completed their post-secondary education. In | ||
accordance with this Act, tuition scholarships and fee waivers
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shall be available to such students at any university or | ||
college maintained by
the State of Illinois. The Department | ||
shall provide maintenance and school
expenses, except tuition | ||
and fees, during the academic years to supplement
the | ||
students' earnings or other resources so long as they | ||
consistently
maintain scholastic records which are acceptable | ||
to their schools and to
the Department. Students may attend | ||
other colleges and universities, if
scholarships are awarded | ||
them, and receive the same benefits for maintenance
and other | ||
expenses as those students attending any Illinois State | ||
community
college, university, or college under this Section. | ||
Beginning with recipients receiving scholarships and waivers | ||
in August 2014, the Department shall collect data and report | ||
annually to the General Assembly on measures of success, |
including (i) the number of youth applying for and receiving | ||
scholarships or waivers, (ii) the percentage of scholarship or | ||
waiver recipients who complete their college or university | ||
degree within 5 years, (iii) the average length of time it | ||
takes for scholarship or waiver recipients to complete their | ||
college or university degree, (iv) the reasons that | ||
scholarship or waiver recipients are discharged or fail to | ||
complete their college or university degree, (v) when | ||
available, youths' outcomes 5 years and 10 years after being | ||
awarded the scholarships or waivers, and (vi) budget | ||
allocations for maintenance and school expenses incurred by | ||
the Department.
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(b) Youth shall receive a tuition and fee waiver to assist | ||
them in attending and completing their post-secondary | ||
education at any community college, university, or college | ||
maintained by the State of Illinois if they are youth for whom | ||
the Department has court-ordered legal responsibility, youth | ||
who aged out of care at age 18 or older, or youth formerly | ||
under care who have been adopted and were the subject of an | ||
adoption assistance agreement or who have been placed in | ||
private guardianship and were the subject of a subsidized | ||
guardianship agreement. | ||
To receive a waiver under this subsection, an applicant | ||
must: | ||
(1) have earned a high school diploma from an
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accredited institution or a State of Illinois High School |
Diploma high school equivalency
certificate or have met | ||
the State criteria for high school
graduation before the | ||
start of the school year for which the applicant is | ||
applying for the waiver; | ||
(2) enroll in a
qualifying post-secondary education | ||
before the applicant reaches the age
of 26; and | ||
(3) apply for federal and State grant assistance by | ||
completing the Free Application for Federal Student Aid. | ||
The community college or public university
that an | ||
applicant attends must waive any tuition and fee amounts that | ||
exceed the amounts paid to the applicant under the federal | ||
Pell Grant Program or the State's Monetary Award Program. | ||
Tuition and fee waivers shall be available to a student | ||
for at least the first 5 years the student is enrolled in a | ||
community college, university, or college maintained by the | ||
State of Illinois so long as the student makes satisfactory | ||
progress toward completing his or her degree. The age | ||
requirement and 5-year cap on tuition and fee waivers under | ||
this subsection shall be waived and eligibility for tuition | ||
and fee waivers shall be extended for any applicant or student | ||
who the Department determines was unable to enroll in a | ||
qualifying post-secondary school or complete an academic term | ||
because the applicant or student: (i) was called into active | ||
duty with the United States Armed Forces; (ii) was deployed | ||
for service in the United States Public Health Service | ||
Commissioned Corps; or (iii) volunteered in the Peace Corps or |
the AmeriCorps. The Department shall extend eligibility for a | ||
qualifying applicant or student by the total number of months | ||
or years during which the applicant or student served on | ||
active duty with the United States Armed Forces, was deployed | ||
for service in the United States Public Health Service | ||
Commissioned Corps, or volunteered in the Peace Corps or the | ||
AmeriCorps. The number of months an applicant or student | ||
served on active duty with the United States Armed Forces | ||
shall be rounded up to the next higher year to determine the | ||
maximum length of time to extend eligibility for the applicant | ||
or student. | ||
The Department may provide the student with a stipend to | ||
cover maintenance and school expenses, except tuition and | ||
fees, during the academic years to supplement the student's | ||
earnings or other resources so long as the student | ||
consistently maintains scholastic records which are acceptable | ||
to the student's school and to the Department. | ||
The Department shall develop outreach programs to ensure | ||
that youths who qualify for the tuition and fee waivers under | ||
this subsection who are high school students in grades 9 | ||
through 12 or who are enrolled in a high school equivalency | ||
testing program are aware of the availability of the tuition | ||
and fee waivers. | ||
(c) Subject to appropriation, the Department shall provide | ||
eligible youth an apprenticeship stipend to cover those costs | ||
associated with entering and sustaining through completion an |
apprenticeship, including, but not limited to fees, tuition | ||
for classes, work clothes, rain gear, boots, and | ||
occupation-specific tools. The following youth may be eligible | ||
for the apprenticeship stipend provided under this subsection: | ||
youth for whom the Department has court-ordered legal | ||
responsibility; youth who aged out of care at age 18 or older; | ||
or youth formerly under care who have been adopted and were the | ||
subject of an adoption assistance agreement or who have been | ||
placed in private guardianship and were the subject of a | ||
subsidized guardianship agreement. | ||
To receive a stipend under this subsection, an applicant | ||
must: | ||
(1) be enrolled in an apprenticeship training program | ||
approved or recognized by the Illinois Department of | ||
Employment Security or an apprenticeship program approved | ||
by the United States Department of Labor; | ||
(2) not be a recipient of a scholarship or fee waiver | ||
under subsection (a) or (b); and | ||
(3) be under the age of 26 before enrolling in a | ||
qualified apprenticeship program. | ||
Apprenticeship stipends shall be available to an eligible | ||
youth for a maximum of 5 years after the youth enrolls in a | ||
qualifying apprenticeship program so long as the youth makes | ||
satisfactory progress toward completing his or her | ||
apprenticeship. The age requirement and 5-year cap on the | ||
apprenticeship stipend provided under this subsection shall be |
extended for any applicant who the Department determines was | ||
unable to enroll in a qualifying apprenticeship program | ||
because the applicant: (i) was called into active duty with | ||
the United States Armed Forces; (ii) was deployed for service | ||
in the United States Public Health Service Commissioned Corps; | ||
or (iii) volunteered in the Peace Corps or the AmeriCorps. The | ||
Department shall extend eligibility for a qualifying applicant | ||
by the total number of months or years during which the | ||
applicant served on active duty with the United States Armed | ||
Forces, was deployed for service in the United States Public | ||
Health Service Commissioned Corps, or volunteered in the Peace | ||
Corps or the AmeriCorps. The number of months an applicant | ||
served on active duty with the United States Armed Forces | ||
shall be rounded up to the next higher year to determine the | ||
maximum length of time to extend eligibility for the | ||
applicant. | ||
The Department shall develop outreach programs to ensure | ||
that youths who qualify for the apprenticeship stipends under | ||
this subsection who are high school students in grades 9 | ||
through 12 or who are enrolled in a high school equivalency | ||
testing program are aware of the availability of the | ||
apprenticeship stipend. | ||
(Source: P.A. 100-1045, eff. 1-1-19; 101-558, eff. 1-1-20 .)
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(20 ILCS 505/35.10) | ||
Sec. 35.10. Documents necessary for adult living. The |
Department shall assist a youth in care in identifying and | ||
obtaining documents necessary to function as an independent | ||
adult prior to the closure of the youth's case to terminate | ||
wardship as provided in Section 2-31 of the Juvenile Court Act | ||
of 1987. These necessary documents shall include, but not be | ||
limited to, any of the following: | ||
(1) State identification card or driver's license. | ||
(2) Social Security card. | ||
(3) Medical records, including, but not limited to, | ||
health passport, dental records, immunization records, | ||
name and contact information for all current medical, | ||
dental, and mental health providers, and a signed | ||
certification that the Department provided the youth with | ||
education on executing a healthcare power of attorney. | ||
(4) Medicaid card or other health eligibility | ||
documentation. | ||
(5) Certified copy of birth certificate. | ||
(6) Any applicable religious documents. | ||
(7) Voter registration card. | ||
(8) Immigration, citizenship, or naturalization | ||
documentation, if applicable. | ||
(9) Death certificates of parents, if applicable. | ||
(10) Life book or compilation of personal history and | ||
photographs. | ||
(11) List of known relatives with relationships, | ||
addresses, telephone numbers, and other contact |
information, with the permission of the involved relative. | ||
(12) Resume. | ||
(13) Educational records, including list of schools | ||
attended, and transcript, high school diploma, or State of | ||
Illinois High School Diploma high school equivalency | ||
certificate . | ||
(14) List of placements while in care. | ||
(15) List of community resources with referral | ||
information, including the Midwest Adoption Center for | ||
search and reunion services for former youth in care, | ||
whether or not they were adopted, and the Illinois Chapter | ||
of Foster Care Alumni of America. | ||
(16) All documents necessary to complete a Free | ||
Application for Federal Student Aid form, if applicable, | ||
or an application for State financial aid. | ||
If a court determines that a youth in care no longer requires | ||
wardship of the court and orders the wardship terminated and | ||
all proceedings under the Juvenile Court Act of 1987 | ||
respecting the youth in care finally closed and discharged, | ||
the Department shall ensure that the youth in care receives a | ||
copy of the court's order.
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(Source: P.A. 102-70, eff. 1-1-22 .) | ||
Section 10. The Illinois Youthbuild Act is amended by | ||
changing Section 25 as follows:
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(20 ILCS 1315/25)
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Sec. 25. Eligible participants. Eligible participants are | ||
youth
16 to 24 years old who are economically disadvantaged as | ||
defined in United
States Code, Title 29, Section 1503, and who | ||
are part of one of the following
groups:
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(a) Persons who are not attending any school and have | ||
not received a
secondary school diploma or its equivalent.
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(b) Persons currently enrolled in a traditional or | ||
alternative school
setting or a high school equivalency | ||
testing program and who are in danger of dropping out of | ||
school.
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(c) A member of a low-income family, a youth in foster | ||
care (including a youth aging-out of foster care), a youth | ||
offender, a youth with a disability, a child of | ||
incarcerated parents, or a migrant youth.
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Not more than 25% of the participants in the program may be
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individuals who do not meet the requirements of subsections | ||
(a) or (b),
but who are deficient in basic skills despite | ||
having attained a secondary school diploma, State of Illinois | ||
High School Diploma high school equivalency certificate , or | ||
other State-recognized equivalent, or who have been referred | ||
by a local secondary school for participation in a Youthbuild | ||
program leading to the attainment of a secondary school | ||
diploma.
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(Source: P.A. 98-718, eff. 1-1-15 .)
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Section 15. The Mental Health and Developmental | ||
Disabilities Administrative Act is amended by changing Section | ||
15.4 as follows:
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(20 ILCS 1705/15.4)
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Sec. 15.4. Authorization for nursing delegation to permit | ||
direct care
staff to
administer medications. | ||
(a) This Section applies to (i) all residential programs | ||
for persons
with a
developmental disability in settings of 16 | ||
persons or fewer that are funded or
licensed by the Department | ||
of Human
Services and that distribute or administer | ||
medications, (ii) all
intermediate care
facilities for persons | ||
with developmental disabilities with 16 beds or fewer that are
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licensed by the
Department of Public Health, and (iii) all day | ||
programs certified to serve persons with developmental | ||
disabilities by the Department of Human Services. The | ||
Department of Human Services shall develop a
training program | ||
for authorized direct care staff to administer
medications | ||
under the
supervision and monitoring of a registered | ||
professional nurse.
The training program for authorized direct | ||
care staff shall include educational and oversight components | ||
for staff who work in day programs that are similar to those | ||
for staff who work in residential programs. This training | ||
program shall be developed in consultation with professional
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associations representing (i) physicians licensed to practice | ||
medicine in all
its branches, (ii) registered professional |
nurses, and (iii) pharmacists.
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(b) For the purposes of this Section:
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"Authorized direct care staff" means non-licensed persons | ||
who have
successfully completed a medication administration | ||
training program
approved by the Department of Human Services | ||
and conducted by a nurse-trainer.
This authorization is | ||
specific to an individual receiving service in
a
specific | ||
agency and does not transfer to another agency.
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"Medications" means oral and topical medications, insulin | ||
in an injectable form, oxygen, epinephrine auto-injectors, and | ||
vaginal and rectal creams and suppositories. "Oral" includes | ||
inhalants and medications administered through enteral tubes, | ||
utilizing aseptic technique. "Topical" includes eye, ear, and | ||
nasal medications. Any controlled substances must be packaged | ||
specifically for an identified individual. | ||
"Insulin in an injectable form" means a subcutaneous | ||
injection via an insulin pen pre-filled by the manufacturer. | ||
Authorized direct care staff may administer insulin, as | ||
ordered by a physician, advanced practice registered nurse, or | ||
physician assistant, if: (i) the staff has successfully | ||
completed a Department-approved advanced training program | ||
specific to insulin administration developed in consultation | ||
with professional associations listed in subsection (a) of | ||
this Section, and (ii) the staff consults with the registered | ||
nurse, prior to administration, of any insulin dose that is | ||
determined based on a blood glucose test result. The |
authorized direct care staff shall not: (i) calculate the | ||
insulin dosage needed when the dose is dependent upon a blood | ||
glucose test result, or (ii) administer insulin to individuals | ||
who require blood glucose monitoring greater than 3 times | ||
daily, unless directed to do so by the registered nurse. | ||
"Nurse-trainer training program" means a standardized, | ||
competency-based
medication administration train-the-trainer | ||
program provided by the
Department of Human Services and | ||
conducted by a Department of Human
Services master | ||
nurse-trainer for the purpose of training nurse-trainers to
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train persons employed or under contract to provide direct | ||
care or
treatment to individuals receiving services to | ||
administer
medications and provide self-administration of | ||
medication training to
individuals under the supervision and | ||
monitoring of the nurse-trainer. The
program incorporates | ||
adult learning styles, teaching strategies, classroom
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management, and a curriculum overview, including the ethical | ||
and legal
aspects of supervising those administering | ||
medications.
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"Self-administration of medications" means an individual | ||
administers
his or her own medications. To be considered | ||
capable to self-administer
their own medication, individuals | ||
must, at a minimum, be able to identify
their medication by | ||
size, shape, or color, know when they should take
the | ||
medication, and know the amount of medication to be taken each | ||
time.
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"Training program" means a standardized medication | ||
administration
training program approved by the Department of | ||
Human Services and
conducted by a registered professional | ||
nurse for the purpose of training
persons employed or under | ||
contract to provide direct care or treatment to
individuals | ||
receiving services to administer medications
and provide | ||
self-administration of medication training to individuals | ||
under
the delegation and supervision of a nurse-trainer. The | ||
program incorporates
adult learning styles, teaching | ||
strategies, classroom management,
curriculum overview, | ||
including ethical-legal aspects, and standardized
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competency-based evaluations on administration of medications | ||
and
self-administration of medication training programs.
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(c) Training and authorization of non-licensed direct care | ||
staff by
nurse-trainers must meet the requirements of this | ||
subsection.
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(1) Prior to training non-licensed direct care staff | ||
to administer
medication, the nurse-trainer shall perform | ||
the following for each
individual to whom medication will | ||
be administered by non-licensed
direct care staff:
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(A) An assessment of the individual's health | ||
history and
physical and mental status.
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(B) An evaluation of the medications prescribed.
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(2) Non-licensed authorized direct care staff shall | ||
meet the
following criteria:
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(A) Be 18 years of age or older.
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(B) Have completed high school or have a State of | ||
Illinois High School Diploma high school equivalency | ||
certificate .
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(C) Have demonstrated functional literacy.
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(D) Have satisfactorily completed the Health and | ||
Safety
component of a Department of Human Services | ||
authorized
direct care staff training program.
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(E) Have successfully completed the training | ||
program,
pass the written portion of the comprehensive | ||
exam, and score
100% on the competency-based | ||
assessment specific to the
individual and his or her | ||
medications.
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(F) Have received additional competency-based | ||
assessment
by the nurse-trainer as deemed necessary by | ||
the nurse-trainer
whenever a change of medication | ||
occurs or a new individual
that requires medication | ||
administration enters the program.
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(3) Authorized direct care staff shall be re-evaluated | ||
by a
nurse-trainer at least annually or more frequently at | ||
the discretion of
the registered professional nurse. Any | ||
necessary retraining shall be
to the extent that is | ||
necessary to ensure competency of the authorized
direct | ||
care staff to administer medication.
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(4) Authorization of direct care staff to administer | ||
medication
shall be revoked if, in the opinion of the | ||
registered professional nurse,
the authorized direct care |
staff is no longer competent to administer
medication.
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(5) The registered professional nurse shall assess an
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individual's health status at least annually or more | ||
frequently at the
discretion of the registered | ||
professional nurse.
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(d) Medication self-administration shall meet the | ||
following
requirements:
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(1) As part of the normalization process, in order for | ||
each
individual to attain the highest possible level of | ||
independent
functioning, all individuals shall be | ||
permitted to participate in their
total health care | ||
program. This program shall include, but not be
limited | ||
to, individual training in preventive health and | ||
self-medication
procedures.
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(A) Every program shall adopt written policies and
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procedures for assisting individuals in obtaining | ||
preventative
health and self-medication skills in | ||
consultation with a
registered professional nurse, | ||
advanced practice registered nurse,
physician | ||
assistant, or physician licensed to practice medicine
| ||
in all its branches.
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(B) Individuals shall be evaluated to determine | ||
their
ability to self-medicate by the nurse-trainer | ||
through the use of
the Department's required, | ||
standardized screening and assessment
instruments.
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(C) When the results of the screening and |
assessment
indicate an individual not to be capable to | ||
self-administer his or her
own medications, programs | ||
shall be developed in consultation
with the Community | ||
Support Team or Interdisciplinary
Team to provide | ||
individuals with self-medication
administration.
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(2) Each individual shall be presumed to be competent | ||
to self-administer
medications if:
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(A) authorized by an order of a physician licensed | ||
to
practice medicine in all its branches, an advanced | ||
practice registered nurse, or a physician assistant; | ||
and
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(B) approved to self-administer medication by the
| ||
individual's Community Support Team or
| ||
Interdisciplinary Team, which includes a registered
| ||
professional nurse or an advanced practice registered | ||
nurse.
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(e) Quality Assurance.
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(1) A registered professional nurse, advanced practice | ||
registered nurse,
licensed practical nurse, physician | ||
licensed to practice medicine in all
its branches, | ||
physician assistant, or pharmacist shall review the
| ||
following for all individuals:
| ||
(A) Medication orders.
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(B) Medication labels, including medications | ||
listed on
the medication administration record for | ||
persons who are not
self-medicating to ensure the |
labels match the orders issued by
the physician | ||
licensed to practice medicine in all its branches,
| ||
advanced practice registered nurse, or physician | ||
assistant.
| ||
(C) Medication administration records for persons | ||
who
are not self-medicating to ensure that the records | ||
are completed
appropriately for:
| ||
(i) medication administered as prescribed;
| ||
(ii) refusal by the individual; and
| ||
(iii) full signatures provided for all | ||
initials used.
| ||
(2) Reviews shall occur at least quarterly, but may be | ||
done
more frequently at the discretion of the registered | ||
professional nurse
or advanced practice registered nurse.
| ||
(3) A quality assurance review of medication errors | ||
and data
collection for the purpose of monitoring and | ||
recommending
corrective action shall be conducted within 7 | ||
days and included in the
required annual review.
| ||
(f) Programs using authorized direct care
staff to | ||
administer medications are responsible for documenting and | ||
maintaining
records
on the training that is completed.
| ||
(g) The absence of this training program constitutes a | ||
threat to the
public interest,
safety, and welfare and | ||
necessitates emergency rulemaking by
the Departments of Human | ||
Services and
Public Health
under Section 5-45
of
the
Illinois | ||
Administrative Procedure Act.
|
(h) Direct care staff who fail to qualify for delegated | ||
authority to
administer medications pursuant to the provisions | ||
of this Section shall be
given
additional education and | ||
testing to meet criteria for
delegation authority to | ||
administer medications.
Any direct care staff person who fails | ||
to qualify as an authorized direct care
staff
after initial | ||
training and testing must within 3 months be given another
| ||
opportunity for retraining and retesting. A direct care staff | ||
person who fails
to
meet criteria for delegated authority to | ||
administer medication, including, but
not limited to, failure | ||
of the written test on 2 occasions shall be given
| ||
consideration for shift transfer or reassignment, if possible. | ||
No employee
shall be terminated for failure to qualify during | ||
the 3-month time period
following initial testing. Refusal to | ||
complete training and testing required
by this Section may be | ||
grounds for immediate dismissal.
| ||
(i) No authorized direct care staff person delegated to | ||
administer
medication shall be subject to suspension or | ||
discharge for errors
resulting from the staff
person's acts or | ||
omissions when performing the functions unless the staff
| ||
person's actions or omissions constitute willful and wanton | ||
conduct.
Nothing in this subsection is intended to supersede | ||
paragraph (4) of subsection
(c).
| ||
(j) A registered professional nurse, advanced practice | ||
registered nurse,
physician licensed to practice medicine in | ||
all its branches, or physician
assistant shall be on
duty or
on |
call at all times in any program covered by this Section.
| ||
(k) The employer shall be responsible for maintaining | ||
liability insurance
for any program covered by this Section.
| ||
(l) Any direct care staff person who qualifies as | ||
authorized direct care
staff pursuant to this Section shall be | ||
granted consideration for a one-time
additional
salary | ||
differential. The Department shall determine and provide the | ||
necessary
funding for
the differential in the base. This | ||
subsection (l) is inoperative on and after
June 30, 2000.
| ||
(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15; | ||
99-581, eff. 1-1-17; 100-50, eff. 1-1-18; 100-513, eff. | ||
1-1-18; 100-863, eff. 8-14-18.)
| ||
Section 20. The School Code is amended by changing | ||
Sections 3-15.12, 13-40, and 26-2 as follows: | ||
(105 ILCS 5/3-15.12) (from Ch. 122, par. 3-15.12)
| ||
Sec. 3-15.12. High school equivalency.
The regional
| ||
superintendent of schools and the Illinois Community College | ||
Board shall make available for qualified individuals
residing | ||
within the region a High School Equivalency Testing Program | ||
and alternative methods of credentialing, as identified under | ||
this Section.
For that purpose the regional superintendent | ||
alone or with other
regional superintendents may establish and | ||
supervise a testing center or
centers to administer the secure | ||
forms for high school equivalency testing to qualified |
persons. Such centers
shall be under the supervision of the | ||
regional superintendent in whose
region such centers are | ||
located, subject to the approval
of the
Executive Director of | ||
the Illinois Community College Board.
The Illinois Community | ||
College Board shall also establish criteria and make available | ||
alternative methods of credentialing throughout the State. | ||
An individual is eligible to apply to the regional | ||
superintendent of schools
for the region in which he or she
| ||
resides if he or she is: (a) a person who is 17 years
of age or | ||
older, has maintained residence in the State of Illinois,
and | ||
is
not a high school graduate; (b)
a person who is successfully | ||
completing an
alternative education program under Section | ||
2-3.81, Article 13A,
or Article 13B; or (c) a
person who is
| ||
enrolled in a youth education program sponsored by the | ||
Illinois National
Guard.
For purposes of this Section, | ||
residence is that abode which the applicant
considers his or | ||
her home. Applicants may provide as sufficient proof of such
| ||
residence and as an acceptable form of identification a | ||
driver's license, valid passport, military ID, or other form | ||
of government-issued national or foreign identification that | ||
shows the applicant's name, address, date of birth, signature, | ||
and photograph or other acceptable identification as may be | ||
allowed by law or as regulated by the Illinois Community | ||
College Board. Such regional superintendent shall determine if | ||
the
applicant meets statutory and regulatory state standards. | ||
If qualified the
applicant shall at the time of such |
application pay a fee established by the
Illinois Community | ||
College Board, which fee shall be paid into a special
fund
| ||
under the control and supervision of the regional | ||
superintendent. Such moneys
received by the regional | ||
superintendent shall be used, first, for the
expenses incurred
| ||
in administering and scoring the examination, and next for | ||
other educational
programs that are developed and designed by | ||
the regional superintendent of
schools to assist those who | ||
successfully complete high school equivalency testing or meet | ||
the criteria for alternative methods of credentialing in | ||
furthering their academic development or
their ability to | ||
secure and retain gainful employment, including programs for
| ||
the competitive award based on test scores of college or adult | ||
education
scholarship grants or similar educational | ||
incentives. Any excess moneys shall
be paid into the institute | ||
fund.
| ||
Any applicant who has achieved the minimum passing | ||
standards as
established by the
Illinois Community College | ||
Board shall be
notified in writing by the regional | ||
superintendent and shall be
issued a State of Illinois High | ||
School Diploma high school equivalency certificate on the | ||
forms provided by the
Illinois Community College Board. The | ||
regional superintendent shall
then certify to the Illinois | ||
Community College Board
the score of the applicant and such | ||
other and additional information
that may be required by the | ||
Illinois Community College Board. The
moneys received |
therefrom shall be used in the same manner as provided
for in | ||
this Section.
| ||
The Illinois Community College Board shall establish | ||
alternative methods of credentialing for the issuance of a | ||
State of Illinois High School Diploma high school equivalency | ||
certification . In addition to high school equivalency testing, | ||
the following alternative methods of receiving a State of | ||
Illinois High School Diploma high school equivalency | ||
credential shall be made available to qualified individuals on | ||
or after January 1, 2018: | ||
(A) High School Equivalency based on High School | ||
Credit. A qualified candidate may petition to have his or | ||
her high school transcripts evaluated to determine what | ||
the candidate needs to meet criteria as established by the | ||
Illinois Community College Board. | ||
(B) High School Equivalency based on Post-Secondary | ||
Credit. A qualified candidate may petition to have his or | ||
her post-secondary transcripts evaluated to determine what | ||
the candidate needs to meet criteria established by the | ||
Illinois Community College Board. | ||
(C) High School Equivalency based on a Foreign | ||
Diploma. A qualified candidate may petition to have his or | ||
her foreign high school or post-secondary transcripts | ||
evaluated to determine what the candidate needs to meet | ||
criteria established by the Illinois Community College | ||
Board. |
(D) High School Equivalency based on Completion of a | ||
Competency-Based Program as approved by the Illinois | ||
Community College Board. The Illinois Community College | ||
Board shall establish guidelines for competency-based high | ||
school equivalency programs. | ||
Any applicant who has attained the age of 17 years and | ||
maintained
residence in the State of Illinois and is not a high | ||
school graduate, any person who has enrolled in a youth | ||
education program sponsored by the Illinois National Guard, or | ||
any person who has successfully completed
an
alternative | ||
education program under Section 2-3.81,
Article 13A, or | ||
Article 13B is eligible to apply for a State of Illinois High | ||
School Diploma high school equivalency
certificate (if he or | ||
she meets the requirements prescribed by the Illinois | ||
Community College Board) upon showing evidence that he or she | ||
has completed, successfully, high school equivalency testing, | ||
administered by the United
States Armed Forces Institute, | ||
official high school equivalency testing centers established | ||
in other
states, Veterans' Administration Hospitals, or the | ||
office of the State
Superintendent of Education for the | ||
Illinois State Penitentiary
System and the Department of | ||
Corrections. Such applicant shall apply to the
regional | ||
superintendent of the region wherein he or she has maintained | ||
residence, and,
upon payment of a fee established by the | ||
Illinois Community College Board,
the regional superintendent | ||
shall issue a State of Illinois High School Diploma high |
school
equivalency certificate and immediately thereafter | ||
certify to the Illinois Community College Board the score of | ||
the applicant and such other and
additional information as may | ||
be required by the Illinois Community College Board.
| ||
Notwithstanding the provisions of this Section, any | ||
applicant who has
been out of school for at least one year may | ||
request the regional
superintendent of schools to administer | ||
restricted high school equivalency testing upon
written | ||
request of: the director of a program who certifies to the | ||
Chief
Examiner of an official high school equivalency testing | ||
center that the applicant has completed a
program of | ||
instruction provided by such agencies as the Job Corps, the
| ||
Postal Service Academy, or an apprenticeship training program; | ||
an employer
or program director for purposes of entry into | ||
apprenticeship programs;
another state's department of | ||
education in order to meet regulations
established by that | ||
department of education; or a post high school
educational | ||
institution for purposes of admission, the Department of | ||
Financial and
Professional Regulation for licensing purposes, | ||
or the Armed Forces
for induction purposes. The regional | ||
superintendent shall administer
such testing, and the | ||
applicant shall be notified in writing that he or she is
| ||
eligible to receive a State of Illinois High School Diploma | ||
high school equivalency certificate
upon reaching age 17, | ||
provided he or she meets the standards established by the | ||
Illinois Community College Board.
|
Any test administered under this Section to an applicant | ||
who does not
speak and understand English may at the | ||
discretion of the administering
agency be given and answered | ||
in any language in which the test is
printed. The regional | ||
superintendent of schools may waive any fees required
by this | ||
Section in case of hardship.
The regional superintendent of | ||
schools and the Illinois Community College Board shall waive | ||
any fees required by this Section for an applicant who meets | ||
all of the following criteria:
| ||
(1) The applicant qualifies as a homeless person, | ||
child, or youth as defined in the Education for Homeless | ||
Children Act. | ||
(2) The applicant has not attained 25 years of age as | ||
of the date of the scheduled test. | ||
(3) The applicant can verify his or her status as a | ||
homeless person, child, or youth. A homeless services | ||
provider that is qualified to verify an individual's | ||
housing status, as determined by the Illinois Community | ||
College Board, and that has knowledge of the applicant's | ||
housing status may verify the applicant's status for | ||
purposes of this subdivision (3). | ||
(4) The applicant has completed a high school | ||
equivalency preparation course through an Illinois | ||
Community College Board-approved provider. | ||
(5) The applicant is taking the test at a testing | ||
center operated by a regional superintendent of schools or |
the Cook County High School Equivalency Office. | ||
In counties of over 3,000,000 population, a State of | ||
Illinois High School Diploma high school equivalency | ||
certificate
shall contain the signatures of the Executive | ||
Director of the Illinois Community College Board and the | ||
superintendent, president, or other chief
executive officer of | ||
the institution where high school equivalency testing | ||
instruction occurred and any
other signatures authorized by | ||
the Illinois Community College Board.
| ||
The regional superintendent of schools shall furnish the | ||
Illinois
Community College Board with any information that the | ||
Illinois
Community College Board requests with regard to | ||
testing and diplomas certificates under this
Section.
| ||
A State of Illinois High School Diploma is a recognized | ||
high school equivalency certificate for purposes of | ||
reciprocity with other states. A high school equivalency | ||
certificate from another state is equivalent to a State of | ||
Illinois High School Diploma. | ||
(Source: P.A. 99-78, eff. 7-20-15; 99-742, eff. 1-1-17; | ||
100-130, eff. 1-1-18 .)
| ||
(105 ILCS 5/13-40) (from Ch. 122, par. 13-40)
| ||
Sec. 13-40. To increase the effectiveness of the | ||
Department of
Juvenile Justice and
thereby to better serve the | ||
interests of the people of Illinois the
following bill is | ||
presented.
|
Its purpose is to enhance the quality and scope of | ||
education for
inmates and wards within the Department of
| ||
Juvenile Justice so that they will
be better motivated and | ||
better equipped to restore themselves to
constructive and law | ||
abiding lives in the community. The specific
measure sought is | ||
the creation of a school district within the
Department so | ||
that its educational programs can meet the needs of
persons | ||
committed and so the resources of public education at the | ||
state
and federal levels are best used, all of the same being | ||
contemplated
within the provisions of the Illinois State | ||
Constitution of 1970 which
provides that "A fundamental goal | ||
of the People of the State is the
educational development of | ||
all persons to the limits of their
capacities." Therefore, on | ||
July 1, 2006, the Department of
Corrections
school district | ||
shall be transferred to the Department of Juvenile Justice. It | ||
shall be responsible for the education of youth
within the | ||
Department of
Juvenile Justice and inmates age 21 or under | ||
within the Department of Corrections who have not yet earned a | ||
high school diploma or a State of Illinois High School Diploma | ||
high school equivalency certificate , and the district may | ||
establish
primary, secondary, vocational, adult, special, and | ||
advanced educational
schools as provided in this Act. The | ||
Department of Corrections retains authority as provided for in | ||
subsection (d) of Section 3-6-2 of the Unified Code of | ||
Corrections. The
Board of Education for this district shall | ||
with the aid and advice of
professional educational personnel |
of the Department of
Juvenile Justice and
the State Board of | ||
Education determine the
needs and type of schools and the | ||
curriculum for each school within the
school district and may | ||
proceed to establish the same through existing
means within | ||
present and future appropriations, federal and state school
| ||
funds, vocational rehabilitation grants and funds and all | ||
other funds,
gifts and grants, private or public, including | ||
federal funds, but not
exclusive to the said sources but | ||
inclusive of all funds which might be
available for school | ||
purposes.
| ||
(Source: P.A. 98-718, eff. 1-1-15 .)
| ||
(105 ILCS 5/26-2) (from Ch. 122, par. 26-2) | ||
Sec. 26-2. Enrolled pupils not of compulsory school age.
| ||
(a) For school years before the 2014-2015 school year, any | ||
person having custody or
control of a child who is below the | ||
age of 7 years or is 17 years of age or above
and who is | ||
enrolled in any of grades kindergarten through 12
in the | ||
public school shall
cause him to attend the public school in | ||
the district wherein he resides when
it is in session during | ||
the regular school term, unless he is excused under
paragraph | ||
2, 3, 4, 5, or 6 of Section 26-1.
Beginning with the 2014-2015 | ||
school year, any person having
custody or control of a child | ||
who is below the age of 6 years or is 17 years of age or above | ||
and who is enrolled in any of grades kindergarten
through 12 in | ||
the public school shall cause the child to attend the public
|
school in the district wherein he or she resides when it is in | ||
session
during the regular school term, unless the child is | ||
excused under
paragraph 2, 3, 4, 5, or 6 of Section 26-1 of | ||
this Code.
| ||
(b) A school district shall deny reenrollment in its | ||
secondary schools
to any
child 19 years of age or above who has | ||
dropped out of school
and who could
not, because of age and | ||
lack of credits, attend classes during the normal
school year | ||
and graduate before his or her twenty-first birthday.
A | ||
district may, however, enroll the child in a graduation | ||
incentives program under Section 26-16 of this Code or an | ||
alternative learning
opportunities program established
under | ||
Article 13B.
No
child shall be denied reenrollment for the | ||
above reasons
unless the school district first offers the | ||
child
due process as required in cases of expulsion under | ||
Section
10-22.6. If a child is denied reenrollment after being | ||
provided with due
process, the school district must provide | ||
counseling to that child and
must direct that child to
| ||
alternative educational
programs, including adult education | ||
programs, that lead to graduation or
receipt of a State of | ||
Illinois High School Diploma high school equivalency | ||
certificate .
| ||
(c)
A school or school district may deny enrollment to a | ||
student 17 years of age
or
older for one semester for failure | ||
to meet minimum attendance standards if all
of the
following | ||
conditions are met:
|
(1) The student was absent without valid cause for 20% | ||
or more of the
attendance
days in the semester immediately | ||
prior to the current semester.
| ||
(2) The student and the student's parent or guardian | ||
are given written
notice
warning that the student is | ||
subject to denial from enrollment for one
semester
unless | ||
the student is absent without valid cause less than 20% of | ||
the
attendance days
in the current semester.
| ||
(3) The student's parent or guardian is provided with | ||
the right to appeal
the
notice, as determined by the State | ||
Board of Education in accordance with due
process.
| ||
(4) The student is provided with attendance | ||
remediation services,
including
without limitation | ||
assessment, counseling, and support services.
| ||
(5) The student is absent without valid cause for 20% | ||
or more of the
attendance
days in the current semester.
| ||
A school or school district may not deny enrollment to a | ||
student (or
reenrollment
to a dropout) who is at least 17
years | ||
of age or older but below 19
years for more
than one | ||
consecutive semester for failure to meet attendance
standards.
| ||
(d) No child may be denied reenrollment under this
Section | ||
in violation
of the federal Individuals with Disabilities | ||
Education Act or the Americans with
Disabilities Act.
| ||
(e) In this subsection (e), "reenrolled student" means a | ||
dropout who has
reenrolled
full-time in a public school. Each | ||
school district shall identify, track, and
report on the
|
educational progress and outcomes of reenrolled students as a | ||
subset of the
district's
required reporting on all | ||
enrollments.
A reenrolled student who again drops out must not | ||
be counted again
against a district's dropout rate performance | ||
measure.
The State
Board of Education shall set performance | ||
standards for programs serving
reenrolled
students.
| ||
(f) The State Board of Education shall adopt any rules | ||
necessary to
implement the
changes to this Section made by | ||
Public Act 93-803.
| ||
(Source: P.A. 100-825, eff. 8-13-18.)
| ||
Section 25. The Public University Uniform Admission Pilot | ||
Program Act is amended by changing Section 25 as follows: | ||
(110 ILCS 118/25) | ||
(Section scheduled to be repealed on July 1, 2027)
| ||
Sec. 25. Graduates of nonaccredited private schools. | ||
(a) As used in this Section, "nonaccredited secondary | ||
education" means a course of study at the secondary school | ||
level in a nonaccredited private school setting. | ||
(b) Because the State of Illinois considers successful | ||
completion of a nonaccredited secondary education to be | ||
equivalent to graduation from a public high school, an | ||
institution, in complying with this Act and for all other | ||
purposes, must treat an applicant for admission to the | ||
institution as an undergraduate student who presents evidence |
that he or she has successfully completed a nonaccredited | ||
secondary education according to the same general standards, | ||
including specific standardized testing score requirements, as | ||
other applicants for undergraduate admission who have | ||
graduated from a public high school. | ||
(c) An institution may not require an applicant for | ||
admission to the institution as an undergraduate student who | ||
presents evidence that he or she has successfully completed a | ||
nonaccredited secondary education to: | ||
(1) obtain or submit evidence that the person has | ||
obtained a general educational development certificate, | ||
State of Illinois High School Diploma certificate of high | ||
school equivalency , or other credentials equivalent to a | ||
public high school degree; or | ||
(2) take an examination or comply with any other | ||
application or admission requirement not generally | ||
applicable to other applicants for undergraduate admission | ||
to the institution. | ||
(d) In complying with this Act or otherwise, when an | ||
institution in its undergraduate admission review process | ||
sorts or is required to sort applicants by high school | ||
graduating class rank, the institution shall place any | ||
applicant who presents evidence that the applicant has | ||
successfully completed a nonaccredited secondary education | ||
that does not include a high school graduating class ranking | ||
at the average high school graduating class rank of |
undergraduate applicants to the institution who have | ||
equivalent standardized testing scores as the applicant. | ||
(e) Notwithstanding any other provision of this Act, with | ||
respect to admission into the institution or any program | ||
within the institution, with respect to scholarship programs, | ||
and with respect to other terms and conditions, and in | ||
complying with this Act, an institution may not treat an | ||
applicant who has successfully completed a nonaccredited | ||
secondary education that does not include a high school | ||
graduating class ranking differently than an applicant who | ||
graduated from an accredited public school.
| ||
(Source: P.A. 101-448, eff. 1-1-20 .) | ||
Section 30. The Public Community College Act is amended by | ||
changing Section 2-22 as follows: | ||
(110 ILCS 805/2-22)
| ||
Sec. 2-22. High school equivalency testing certificates . | ||
On the effective date
of this amendatory Act of the 94th | ||
General Assembly, all powers and
duties of the State Board of | ||
Education and State Superintendent of
Education with regard to | ||
high school equivalency testing certificates under the
School | ||
Code shall be transferred to the Illinois Community College
| ||
Board. Within a reasonable period of time after that date, all | ||
assets, liabilities, contracts, property, records, pending | ||
business, and unexpended appropriations of the State Board of |
Education with regard to high school equivalency testing | ||
certificates shall be transferred to the Illinois Community | ||
College Board. The Illinois Community College Board may adopt | ||
any rules
necessary to carry out its responsibilities under | ||
the School Code with
regard to high school equivalency testing | ||
certificates and to carry into efficient and uniform effect | ||
the provisions for the issuance of State of Illinois High | ||
School Diplomas high school equivalency certificates in this | ||
State. All rules, standards, and
procedures adopted by the | ||
State Board of Education under the
School Code with regard to | ||
high school equivalency testing certificates shall
continue in | ||
effect as the rules, standards, and procedures of the
Illinois | ||
Community College Board, until they are modified by the
| ||
Illinois Community College Board.
| ||
(Source: P.A. 94-108, eff. 7-1-05.) | ||
Section 35. The Higher Education Student Assistance Act is | ||
amended by changing Sections 50, 52, and 62 as follows: | ||
(110 ILCS 947/50)
| ||
Sec. 50. Minority Teachers of Illinois scholarship | ||
program.
| ||
(a) As used in this Section:
| ||
"Eligible applicant" means a minority student who has | ||
graduated
from high school or has received a State of | ||
Illinois High School Diploma high school equivalency |
certificate
and has
maintained a cumulative grade point | ||
average of
no
less than 2.5 on a 4.0 scale, and who by | ||
reason thereof is entitled to
apply for scholarships to be | ||
awarded under this Section.
| ||
"Minority student" means a student who is any of the | ||
following: | ||
(1) American Indian or Alaska Native (a person | ||
having origins in any of the original peoples of North | ||
and South America, including Central America, and who | ||
maintains tribal affiliation or community attachment). | ||
(2) Asian (a person having origins in any of the | ||
original peoples of the Far East, Southeast Asia, or | ||
the Indian subcontinent, including, but not limited | ||
to, Cambodia, China, India, Japan, Korea, Malaysia, | ||
Pakistan, the Philippine Islands, Thailand, and | ||
Vietnam). | ||
(3) Black or African American (a person having | ||
origins in any of the black racial groups of Africa). | ||
(4) Hispanic or Latino (a person of Cuban, | ||
Mexican, Puerto Rican, South or Central American, or | ||
other Spanish culture or origin, regardless of race). | ||
(5) Native Hawaiian or Other Pacific Islander (a | ||
person having origins in any of the original peoples | ||
of Hawaii, Guam, Samoa, or other Pacific Islands).
| ||
"Qualified bilingual minority applicant" means a | ||
qualified student who demonstrates proficiency in a |
language other than English by (i) receiving a State Seal | ||
of Biliteracy from the State Board of Education or (ii) | ||
receiving a passing score on an educator licensure target | ||
language proficiency test. | ||
"Qualified student" means a person (i) who is a | ||
resident of this State
and a citizen or permanent resident | ||
of the United States; (ii) who is a
minority student, as | ||
defined in this Section; (iii) who, as an eligible
| ||
applicant, has made a timely application for a minority | ||
teaching
scholarship under this Section; (iv) who is | ||
enrolled on at least a
half-time basis at a
qualified | ||
Illinois institution of
higher learning; (v) who is | ||
enrolled in a course of study leading to
teacher | ||
licensure, including alternative teacher licensure, or, if | ||
the student is already licensed to teach, in a course of | ||
study leading to an additional teaching endorsement or a | ||
master's degree in an academic field in which he or she is | ||
teaching or plans to teach or who has received one or more | ||
College and Career Pathway Endorsements pursuant to | ||
Section 80 of the Postsecondary and Workforce Readiness | ||
Act and commits to enrolling in a course of study leading | ||
to teacher licensure, including alternative teacher | ||
licensure; (vi)
who maintains a grade point average of no
| ||
less than 2.5 on a 4.0 scale;
and (vii) who continues to | ||
advance satisfactorily toward the attainment
of a degree.
| ||
(b) In order to encourage academically talented Illinois |
minority
students to pursue teaching careers at the preschool | ||
or elementary or
secondary
school
level and to address and | ||
alleviate the teacher shortage crisis in this State described | ||
under the provisions of the Transitions in Education Act, each | ||
qualified student shall be awarded a minority teacher
| ||
scholarship to any qualified Illinois institution of higher | ||
learning.
However, preference may be given to qualified | ||
applicants enrolled at or above
the
junior level.
| ||
(c) Each minority teacher scholarship awarded under this | ||
Section shall
be in an amount sufficient to pay the tuition and | ||
fees and room and board
costs of the qualified Illinois | ||
institution of higher learning at which the
recipient is | ||
enrolled, up to an annual maximum of $5,000;
except that
in
the | ||
case of a recipient who does not reside on-campus at the | ||
institution at
which he or she is enrolled, the amount of the | ||
scholarship shall be
sufficient to pay tuition and fee | ||
expenses and a commuter allowance, up to
an annual maximum of | ||
$5,000.
However, if at least $2,850,000 is appropriated in a | ||
given fiscal year for the Minority Teachers of Illinois | ||
scholarship program, then, in each fiscal year thereafter, | ||
each scholarship awarded under this Section shall
be in an | ||
amount sufficient to pay the tuition and fees and room and | ||
board
costs of the qualified Illinois institution of higher | ||
learning at which the
recipient is enrolled, up to an annual | ||
maximum of $7,500;
except that
in
the case of a recipient who | ||
does not reside on-campus at the institution at
which he or she |
is enrolled, the amount of the scholarship shall be
sufficient | ||
to pay tuition and fee expenses and a commuter allowance, up to
| ||
an annual maximum of $7,500.
| ||
(d) The total amount of minority teacher scholarship | ||
assistance awarded by
the Commission under this Section to an | ||
individual in any given fiscal
year, when added to other | ||
financial assistance awarded to that individual
for that year, | ||
shall not exceed the cost of attendance at the institution
at | ||
which the student is enrolled. If the amount of minority | ||
teacher
scholarship to be awarded to a qualified student as | ||
provided in
subsection (c) of this Section exceeds the cost of | ||
attendance at the
institution at which the student is | ||
enrolled, the minority teacher
scholarship shall be reduced by | ||
an amount equal to the amount by which the
combined financial | ||
assistance available to the student exceeds the cost
of | ||
attendance.
| ||
(e) The maximum number of academic terms for which a | ||
qualified
student
can receive minority teacher scholarship | ||
assistance shall be 8 semesters or
12 quarters.
| ||
(f) In any academic year for which an eligible applicant | ||
under this
Section accepts financial assistance through the | ||
Paul Douglas Teacher
Scholarship Program, as authorized by | ||
Section 551 et seq. of the Higher
Education Act of 1965, the | ||
applicant shall not be eligible for scholarship
assistance | ||
awarded under this Section.
| ||
(g) All applications for minority teacher scholarships to |
be awarded
under this Section shall be made to the Commission | ||
on forms which the
Commission shall provide for eligible | ||
applicants. The form of applications
and the information | ||
required to be set forth therein shall be determined by
the | ||
Commission, and the Commission shall require eligible | ||
applicants to
submit with their applications such supporting | ||
documents or recommendations
as the Commission deems | ||
necessary.
| ||
(h) Subject to a separate appropriation for such purposes, | ||
payment of
any minority teacher scholarship awarded under this | ||
Section shall be
determined by the Commission. All scholarship | ||
funds distributed in
accordance with this subsection shall be | ||
paid to the institution and used
only for payment of the | ||
tuition and fee and room and board expenses
incurred by the | ||
student in connection with his or her attendance at a | ||
qualified Illinois institution of higher
learning. Any | ||
minority teacher scholarship awarded under this Section
shall | ||
be applicable to 2 semesters or 3 quarters of enrollment. If a
| ||
qualified student withdraws from enrollment prior to | ||
completion of the
first semester or quarter for which the | ||
minority teacher scholarship is
applicable, the school shall | ||
refund to the Commission the full amount of the
minority | ||
teacher scholarship.
| ||
(i) The Commission shall administer the minority teacher | ||
scholarship aid
program established by this Section and shall | ||
make all necessary and proper
rules not inconsistent with this |
Section for its effective implementation.
| ||
(j) When an appropriation to the Commission for a given | ||
fiscal year is
insufficient to provide scholarships to all | ||
qualified students, the
Commission shall allocate the | ||
appropriation in accordance with this
subsection. If funds are | ||
insufficient to provide all qualified students
with a | ||
scholarship as authorized by this Section, the Commission | ||
shall
allocate the available scholarship funds for that fiscal | ||
year to qualified students who submit a complete application | ||
form on or before a date specified by the Commission based on | ||
the following order of priority: | ||
(1) To students who received a scholarship under this | ||
Section in the prior academic year and who remain eligible | ||
for a minority teacher scholarship under this Section. | ||
(2) Except as otherwise provided in subsection (k), to | ||
students who demonstrate financial need, as determined by | ||
the Commission.
| ||
(k) Notwithstanding paragraph (2) of subsection (j), at | ||
least 35% of the funds appropriated for
scholarships awarded | ||
under this Section in each fiscal year shall be reserved
for | ||
qualified male minority applicants, with priority being given | ||
to qualified Black male applicants beginning with fiscal year | ||
2023.
If the Commission does not receive enough applications | ||
from qualified male
minorities on or before
January 1 of each | ||
fiscal year to award 35% of the funds appropriated for these
| ||
scholarships to qualified
male minority applicants, then the |
Commission may award a portion of the
reserved funds to | ||
qualified
female minority applicants in accordance with | ||
subsection (j).
| ||
Beginning with fiscal year 2023, if at least $2,850,000 | ||
but less than $4,200,000 is appropriated in a given fiscal | ||
year for scholarships awarded under this Section, then at | ||
least 10% of the funds appropriated shall be reserved for | ||
qualified bilingual minority applicants, with priority being | ||
given to qualified bilingual minority applicants who are | ||
enrolled in an educator preparation program with a | ||
concentration in bilingual, bicultural education. Beginning | ||
with fiscal year 2023, if at least $4,200,000 is appropriated | ||
in a given fiscal year for the Minority Teachers of Illinois | ||
scholarship program, then at least 30% of the funds | ||
appropriated shall be reserved for qualified bilingual | ||
minority applicants, with priority being given to qualified | ||
bilingual minority applicants who are enrolled in an educator | ||
preparation program with a concentration in bilingual, | ||
bicultural education. Beginning with fiscal year 2023, if at | ||
least $2,850,000 is appropriated in a given fiscal year for | ||
scholarships awarded under this Section but the Commission | ||
does not receive enough applications from qualified bilingual | ||
minority applicants on or before January 1 of that fiscal year | ||
to award at least 10% of the funds appropriated to qualified | ||
bilingual minority applicants, then the Commission may, in its | ||
discretion, award a portion of the reserved funds to other |
qualified students in accordance with subsection (j).
| ||
(l) Prior to receiving scholarship assistance for any | ||
academic year,
each recipient of a minority teacher | ||
scholarship awarded under this Section
shall be required by | ||
the Commission to sign an agreement under which the
recipient | ||
pledges that, within the one-year period following the
| ||
termination
of the program for which the recipient was awarded | ||
a minority
teacher scholarship, the recipient (i) shall begin | ||
teaching for a
period of not less
than one year for each year | ||
of scholarship assistance he or she was awarded
under this | ||
Section; (ii) shall fulfill this teaching obligation at a
| ||
nonprofit Illinois public, private, or parochial preschool, | ||
elementary school,
or secondary school at which no less than | ||
30% of the enrolled students are
minority students in the year | ||
during which the recipient begins teaching at the
school or | ||
may instead, if the recipient received a scholarship as a | ||
qualified bilingual minority applicant, fulfill this teaching | ||
obligation in a program in transitional bilingual education | ||
pursuant to Article 14C of the School Code or in a school in | ||
which 20 or more English learner students in the same language | ||
classification are enrolled; and (iii) shall, upon request by | ||
the Commission, provide the Commission
with evidence that he | ||
or she is fulfilling or has fulfilled the terms of the
teaching | ||
agreement provided for in this subsection.
| ||
(m) If a recipient of a minority teacher scholarship | ||
awarded under this
Section fails to fulfill the teaching |
obligation set forth in subsection
(l) of this Section, the | ||
Commission shall require the recipient to repay
the amount of | ||
the scholarships received, prorated according to the fraction
| ||
of the teaching obligation not completed, at a rate of | ||
interest equal to
5%, and, if applicable, reasonable | ||
collection fees.
The Commission is authorized to establish | ||
rules relating to its collection
activities for repayment of | ||
scholarships under this Section. All repayments
collected | ||
under this Section shall be forwarded to the State Comptroller | ||
for
deposit into the State's General Revenue Fund.
| ||
(n) A recipient of minority teacher scholarship shall not | ||
be considered
in violation of the agreement entered into | ||
pursuant to subsection (l) if
the recipient (i) enrolls on a | ||
full time basis as a graduate student in a
course of study | ||
related to the field of teaching at a qualified Illinois
| ||
institution of higher learning; (ii) is serving, not in excess | ||
of 3 years,
as a member of the armed services of the United | ||
States; (iii) is
a person with a temporary total disability | ||
for a period of time not to exceed 3 years as
established by | ||
sworn affidavit of a qualified physician; (iv) is seeking
and | ||
unable to find full time employment as a teacher at an Illinois | ||
public,
private, or parochial preschool or elementary or | ||
secondary school that
satisfies the
criteria set forth in | ||
subsection (l) of this Section and is able to provide
evidence | ||
of that fact; (v) becomes a person with a permanent total | ||
disability as
established by sworn affidavit of a qualified |
physician; (vi) is taking additional courses, on at least a | ||
half-time basis, needed to obtain licensure as a teacher in | ||
Illinois; or (vii) is fulfilling teaching requirements | ||
associated with other programs administered by the Commission | ||
and cannot concurrently fulfill them under this Section in a | ||
period of time equal to the length of the teaching obligation.
| ||
(o) Scholarship recipients under this Section who withdraw | ||
from
a program of teacher education but remain enrolled in | ||
school
to continue their postsecondary studies in another | ||
academic discipline shall
not be required to commence | ||
repayment of their Minority Teachers of Illinois
scholarship | ||
so long as they remain enrolled in school on a full-time basis | ||
or
if they can document for the Commission special | ||
circumstances that warrant
extension of repayment.
| ||
(p) If the Minority Teachers of Illinois scholarship | ||
program does not expend at least 90% of the amount | ||
appropriated for the program in a given fiscal year for 3 | ||
consecutive fiscal years and the Commission does not receive | ||
enough applications from the groups identified in subsection | ||
(k) on or before January 1 in each of those fiscal years to | ||
meet the percentage reserved for those groups under subsection | ||
(k), then up to 3% of amount appropriated for the program for | ||
each of next 3 fiscal years shall be allocated to increasing | ||
awareness of the program and for the recruitment of Black male | ||
applicants. The Commission shall make a recommendation to the | ||
General Assembly by January 1 of the year immediately |
following the end of that third fiscal year regarding whether | ||
the amount allocated to increasing awareness and recruitment | ||
should continue. | ||
(q) Each qualified Illinois institution of higher learning | ||
that receives funds from the Minority Teachers of Illinois | ||
scholarship program shall host an annual information session | ||
at the institution about the program for teacher candidates of | ||
color in accordance with rules adopted by the Commission. | ||
Additionally, the institution shall ensure that each | ||
scholarship recipient enrolled at the institution meets with | ||
an academic advisor at least once per academic year to | ||
facilitate on-time completion of the recipient's educator | ||
preparation program. | ||
(r) The changes made to this Section by Public Act 101-654 | ||
this amendatory Act of the 101st General Assembly will first | ||
take effect with awards made for the 2022-2023 academic year. | ||
(Source: P.A. 101-654, eff. 3-8-21; 102-465, eff. 1-1-22; | ||
revised 9-28-21.)
| ||
(110 ILCS 947/52)
| ||
Sec. 52. Golden Apple Scholars of Illinois Program; Golden | ||
Apple Foundation for Excellence in Teaching.
| ||
(a) In this Section, "Foundation" means the Golden Apple | ||
Foundation for Excellence in Teaching, a registered 501(c)(3) | ||
not-for-profit corporation. | ||
(a-2) In order to encourage academically talented Illinois |
students,
especially minority students, to pursue teaching | ||
careers, especially in
teacher shortage
disciplines
(which | ||
shall be defined to include early childhood education) or at
| ||
hard-to-staff schools (as defined by the Commission in | ||
consultation with the
State Board of Education), to provide | ||
those students with the crucial mentoring, guidance, and | ||
in-service support that will significantly increase the | ||
likelihood that they will complete their full teaching | ||
commitments and elect to continue teaching in targeted | ||
disciplines and hard-to-staff schools, and to ensure that | ||
students in this State will continue to have access to a pool | ||
of highly-qualified teachers, each qualified student shall be | ||
awarded a Golden Apple Scholars of Illinois Program | ||
scholarship to any Illinois institution of higher learning. | ||
The Commission shall administer the Golden Apple Scholars of | ||
Illinois Program, which shall be managed by the Foundation | ||
pursuant to the terms of a grant agreement meeting the | ||
requirements of Section 4 of the Illinois Grant Funds Recovery | ||
Act. | ||
(a-3) For purposes of this Section, a qualified student | ||
shall be a student who meets the following qualifications: | ||
(1) is a resident of this State and a citizen or | ||
eligible noncitizen of the United States; | ||
(2) is a high school graduate or a person who has | ||
received a State of Illinois High School Diploma high | ||
school equivalency certificate ; |
(3) is enrolled or accepted, on at least a half-time | ||
basis, at an institution of higher learning; | ||
(4) is pursuing a postsecondary course of study | ||
leading to initial certification or pursuing additional | ||
course work needed to gain State Board of Education | ||
approval to teach, including alternative teacher | ||
licensure; and | ||
(5) is a participant in programs managed by and is | ||
approved to receive a scholarship from the Foundation. | ||
(a-5) (Blank).
| ||
(b) (Blank).
| ||
(b-5) Funds designated for the Golden Apple Scholars of | ||
Illinois Program shall be used by the Commission for the | ||
payment of scholarship assistance under this Section or for | ||
the award of grant funds, subject to the Illinois Grant Funds | ||
Recovery Act, to the Foundation. Subject to appropriation, | ||
awards of grant funds to the Foundation shall be made on an | ||
annual basis and following an application for grant funds by | ||
the Foundation. | ||
(b-10) Each year, the Foundation shall include in its | ||
application to the Commission for grant funds an estimate of | ||
the amount of scholarship assistance to be provided to | ||
qualified students during the grant period. Any amount of | ||
appropriated funds exceeding the estimated amount of | ||
scholarship assistance may be awarded by the Commission to the | ||
Foundation for management expenses expected to be incurred by |
the Foundation in providing the mentoring, guidance, and | ||
in-service supports that will increase the likelihood that | ||
qualified students will complete their teaching commitments | ||
and elect to continue teaching in hard-to-staff schools. If | ||
the estimate of the amount of scholarship assistance described | ||
in the Foundation's application is less than the actual amount | ||
required for the award of scholarship assistance to qualified | ||
students, the Foundation shall be responsible for using | ||
awarded grant funds to ensure all qualified students receive | ||
scholarship assistance under this Section. | ||
(b-15) All grant funds not expended or legally obligated | ||
within the time specified in a grant agreement between the | ||
Foundation and the Commission shall be returned to the | ||
Commission within 45 days. Any funds legally obligated by the | ||
end of a grant agreement shall be liquidated within 45 days or | ||
otherwise returned to the Commission within 90 days after the | ||
end of the grant agreement that resulted in the award of grant | ||
funds. | ||
(c) Each scholarship awarded under this Section shall be | ||
in an amount
sufficient to pay the tuition and fees and room | ||
and board costs of the Illinois
institution of higher learning | ||
at which the recipient is enrolled, up to
an annual maximum of | ||
$5,000; except that in the case of a
recipient who
does not
| ||
reside
on-campus at the institution of higher learning at | ||
which he or she is enrolled,
the amount of the scholarship | ||
shall be sufficient to pay tuition and fee
expenses and a |
commuter allowance, up to an annual maximum of $5,000. All | ||
scholarship funds distributed in accordance with this Section | ||
shall be paid to the institution on behalf of recipients.
| ||
(d) The total amount of scholarship assistance awarded by | ||
the Commission
under this Section to an individual in any | ||
given fiscal year, when added to
other financial assistance | ||
awarded to that individual for that year, shall not
exceed the | ||
cost of attendance at the institution of higher learning at | ||
which
the student is enrolled. In any academic year for which a | ||
qualified student under this Section accepts financial | ||
assistance through any other teacher scholarship program | ||
administered by the Commission, a qualified student shall not | ||
be eligible for scholarship assistance awarded under this | ||
Section.
| ||
(e) A recipient may receive up to 8 semesters or 12
| ||
quarters of scholarship
assistance under this Section. | ||
Scholarship funds are applicable toward 2 semesters or 3 | ||
quarters of enrollment each academic year.
| ||
(f) All applications for scholarship assistance to be | ||
awarded under this
Section shall be made to the Foundation in a | ||
form determined by the Foundation. Each year, the Foundation | ||
shall notify the Commission of the individuals awarded | ||
scholarship assistance under this Section. Each year, at least | ||
30% of the Golden Apple Scholars of Illinois Program | ||
scholarships shall be awarded to students residing in counties | ||
having a population of less than 500,000.
|
(g) (Blank).
| ||
(h) The Commission shall administer the payment of
| ||
scholarship assistance provided through the Golden Apple | ||
Scholars of Illinois Program and shall make all necessary
and
| ||
proper rules not inconsistent with this Section for the | ||
effective
implementation of this Section.
| ||
(i) Prior to receiving scholarship assistance for any | ||
academic year, each
recipient of a scholarship awarded under | ||
this
Section shall be required by the Foundation to sign an | ||
agreement under which
the
recipient pledges that, within the | ||
2-year period following the
termination
of the academic | ||
program for which the recipient was awarded a scholarship, the
| ||
recipient: (i) shall begin teaching for a period of not
less | ||
than 5 years, (ii) shall fulfill this teaching obligation at a | ||
nonprofit
Illinois public,
private, or parochial
preschool or | ||
an Illinois public elementary or secondary school that | ||
qualifies for teacher loan cancellation under Section | ||
465(a)(2)(A) of the federal Higher Education Act of 1965 (20 | ||
U.S.C. 1087ee(a)(2)(A)) or other Illinois schools deemed | ||
eligible for fulfilling the teaching commitment as designated | ||
by the Foundation, and (iii)
shall, upon request of
the | ||
Foundation, provide the Foundation with evidence that he or | ||
she is fulfilling
or has fulfilled the terms of the teaching | ||
agreement provided for in this
subsection. Upon request, the | ||
Foundation shall provide evidence of teacher fulfillment to | ||
the Commission.
|
(j) If a recipient of a scholarship awarded under this | ||
Section fails to
fulfill the teaching obligation set forth in | ||
subsection (i) of this Section,
the Commission shall require | ||
the recipient to repay the amount of the
scholarships | ||
received, prorated according to the fraction of the teaching
| ||
obligation not completed, plus interest at a rate of 5% and if | ||
applicable, reasonable
collection fees.
Payments received by | ||
the Commission under this subsection (j)
shall be remitted to | ||
the State Comptroller for deposit into
the General Revenue | ||
Fund, except that that portion of a
recipient's repayment that | ||
equals the amount in expenses that
the Commission has | ||
reasonably incurred in attempting
collection from that | ||
recipient shall be remitted to the State
Comptroller for | ||
deposit into the Commission's Accounts
Receivable Fund. | ||
(k) A recipient of a scholarship awarded by the Foundation | ||
under this
Section shall not be considered to have failed to | ||
fulfill the teaching obligations of the agreement entered into | ||
pursuant to
subsection (i) if the recipient (i) enrolls on a | ||
full-time basis as a graduate
student in a course of study | ||
related to the field of teaching at an institution
of higher | ||
learning; (ii) is serving as a member of the armed services of | ||
the
United States; (iii) is a person with a temporary total | ||
disability, as established by sworn
affidavit of a qualified | ||
physician; (iv) is seeking and unable to find
full-time | ||
employment as a teacher at a school that satisfies the | ||
criteria set
forth
in subsection (i) and is able to provide |
evidence of that fact; (v) is taking additional courses, on at | ||
least a half-time basis, needed to obtain certification as a | ||
teacher in Illinois; (vi) is fulfilling teaching requirements | ||
associated with other programs administered by the Commission | ||
and cannot concurrently fulfill them under this Section in a | ||
period of time equal to the length of the teaching obligation; | ||
or (vii) is participating in a program established under | ||
Executive Order 10924 of the President of the United States or | ||
the federal National Community Service Act of 1990 (42 U.S.C. | ||
12501 et seq.). Any such
extension of the period during which | ||
the teaching requirement must be fulfilled
shall be subject to | ||
limitations of duration as established by the Commission.
| ||
(l) A recipient who fails to fulfill the teaching | ||
obligations of the agreement entered into pursuant to | ||
subsection (i) of this Section shall repay the amount of | ||
scholarship assistance awarded to them under this Section | ||
within 10 years. | ||
(m) Annually, at a time determined by the Commission in | ||
consultation with the Foundation, the Foundation shall submit | ||
a report to assist the Commission in monitoring the | ||
Foundation's performance of grant activities. The report shall | ||
describe the following: | ||
(1) the Foundation's anticipated expenditures for the | ||
next fiscal year; | ||
(2) the number of qualified students receiving | ||
scholarship assistance at each institution of higher |
learning where a qualified student was enrolled under this | ||
Section during the previous fiscal year; | ||
(3) the total monetary value of scholarship funds paid | ||
to each institution of higher learning at which a | ||
qualified student was enrolled during the previous fiscal | ||
year; | ||
(4) the number of scholarship recipients who completed | ||
a baccalaureate degree during the previous fiscal year; | ||
(5) the number of scholarship recipients who fulfilled | ||
their teaching obligation during the previous fiscal year; | ||
(6) the number of scholarship recipients who failed to | ||
fulfill their teaching obligation during the previous | ||
fiscal year; | ||
(7) the number of scholarship recipients granted an | ||
extension described in subsection (k) of this Section | ||
during the previous fiscal year; | ||
(8) the number of scholarship recipients required to | ||
repay scholarship assistance in accordance with subsection | ||
(j) of this Section during the previous fiscal year; | ||
(9) the number of scholarship recipients who | ||
successfully repaid scholarship assistance in full during | ||
the previous fiscal year; | ||
(10) the number of scholarship recipients who | ||
defaulted on their obligation to repay scholarship | ||
assistance during the previous fiscal year; | ||
(11) the amount of scholarship assistance subject to |
collection in accordance with subsection (j) of this | ||
Section at the end of the previous fiscal year; | ||
(12) the amount of collected funds to be remitted to | ||
the Comptroller in accordance with subsection (j) of this | ||
Section at the end of the previous fiscal year; and | ||
(13) other information that the Commission may | ||
reasonably request. | ||
(n) Nothing in this Section shall affect the rights of the | ||
Commission to collect moneys owed to it by recipients of | ||
scholarship assistance through the Illinois Future Teacher | ||
Corps Program, repealed by this amendatory Act of the 98th | ||
General Assembly. | ||
(o) The Auditor General shall prepare an annual audit of | ||
the operations and finances of the Golden Apple Scholars of | ||
Illinois Program. This audit shall be provided to the | ||
Governor, General Assembly, and the Commission. | ||
(p) The suspension of grant making authority found in | ||
Section 4.2 of the Illinois Grant Funds Recovery Act shall not | ||
apply to grants made pursuant to this Section. | ||
(Source: P.A. 98-533, eff. 8-23-13; 98-718, eff. 1-1-15; | ||
99-143, eff. 7-27-15.)
| ||
(110 ILCS 947/62) | ||
Sec. 62. Grants for exonerated persons. | ||
(a) In this Section: | ||
"Exonerated person" means an individual who has received a |
pardon from the Governor of the State of Illinois stating that | ||
such a pardon is issued on the grounds of innocence of the | ||
crime for which he or she was imprisoned or an individual who | ||
has received a certificate of innocence from a circuit court | ||
pursuant to Section 2-702 of the Code of Civil Procedure. | ||
"Satisfactory academic progress" means the qualified | ||
applicant's maintenance of minimum standards of academic | ||
performance, consistent with requirements for maintaining | ||
federal financial aid eligibility, as determined by the | ||
institution of higher learning. | ||
(b) Subject to a separate appropriation for this purpose, | ||
the Commission shall, each year, receive and consider | ||
applications for grant assistance under this Section. | ||
Recipients of grants issued by the Commission in accordance | ||
with this Section must be exonerated persons. Provided that | ||
the recipient is maintaining satisfactory academic progress, | ||
the funds from the grant may be used to pay up to 8 semesters | ||
or 12 quarters of full payment of tuition and mandatory fees at | ||
any public university or public community college located in | ||
this State for either full or part-time study. This benefit | ||
may be used for undergraduate or graduate study. | ||
In addition, an exonerated person who has not yet received | ||
a high school diploma or a State of Illinois High School | ||
Diploma high school equivalency certificate and completes a | ||
high school equivalency preparation course through an Illinois | ||
Community College Board-approved provider may use grant funds |
to pay costs associated with obtaining a State of Illinois | ||
High School Diploma high school equivalency certificate , | ||
including payment of the cost of the high school equivalency | ||
test and up to one retest on each test module, and any | ||
additional fees that may be required in order to obtain a State | ||
of Illinois High School Diploma an Illinois High School | ||
Equivalency Certificate or an official transcript of test | ||
scores after successful completion of the high school | ||
equivalency test. | ||
(c) An applicant for a grant under this Section need not | ||
demonstrate financial need to qualify for the benefits. | ||
(d) The Commission may adopt any rules necessary to | ||
implement and administer this Section.
| ||
(Source: P.A. 99-199, eff. 1-1-16 .) | ||
Section 40. The Illinois Insurance Code is amended by | ||
changing Section 500-50 as follows:
| ||
(215 ILCS 5/500-50)
| ||
(Section scheduled to be repealed on January 1, 2027)
| ||
Sec. 500-50. Insurance producers; examination statistics.
| ||
(a) The use of examinations for the purpose of determining | ||
qualifications of
persons
to be licensed as insurance | ||
producers has a direct and far-reaching effect on
persons | ||
seeking
those licenses, on insurance companies, and on the | ||
public. It is in the public
interest and it will
further the |
public welfare to insure that examinations for licensing do | ||
not
have the effect of
unlawfully discriminating against | ||
applicants for licensing as insurance
producers on the basis | ||
of
race, color, national origin, or sex.
| ||
(b) As used in this Section, the following words have the | ||
meanings given in
this
subsection.
| ||
Examination. "Examination" means the examination in each | ||
line of insurance
administered pursuant to Section 500-30.
| ||
Examinee. "Examinee" means a person who takes an | ||
examination.
| ||
Part. "Part" means a portion of an examination for which a | ||
score is
calculated.
| ||
Operational item. "Operational item" means a test question | ||
considered in
determining an
examinee's score.
| ||
Test form. "Test form" means the test booklet or | ||
instrument used for a part
of
an
examination.
| ||
Pretest item. "Pretest item" means a prospective test | ||
question that is
included
in a test
form in order to assess its | ||
performance, but is not considered in determining
an | ||
examinee's score.
| ||
Minority group or examinees. "Minority group" or "minority | ||
examinees" means
examinees who are American Indian or Alaska | ||
Native, Asian, Black or African American, Hispanic or Latino, | ||
or Native Hawaiian or Other Pacific Islander.
| ||
Correct-answer rate. "Correct-answer rate" for an item | ||
means the number of
examinees
who provided the correct answer |
on an item divided by the number of examinees
who answered
the | ||
item.
| ||
Correlation. "Correlation" means a statistical measure of | ||
the relationship
between
performance on an item and | ||
performance on a part of the examination.
| ||
(c) The Director shall ask each examinee to self-report on | ||
a voluntary basis
on the
answer sheet, application form, or by | ||
other appropriate means, the following
information:
| ||
(1) race or ethnicity (American Indian or Alaska | ||
Native, Asian, Black or African American, Hispanic or | ||
Latino, Native Hawaiian or Other Pacific Islander, or | ||
White);
| ||
(2) education (8th grade or less; less than 12th | ||
grade; high school
diploma or State of Illinois High | ||
School Diploma high school equivalency certificate ; some | ||
college, but no 4-year degree; or 4-year degree or more); | ||
and
| ||
(3) gender (male or female).
| ||
The Director must advise all examinees that they are not | ||
required to provide
this
information, that they will not be | ||
penalized for not doing so, and that the
Director will use the
| ||
information provided exclusively for research and statistical | ||
purposes and to
improve the quality
and fairness of the | ||
examinations.
| ||
(d) No later than May 1 of each year, the Director must | ||
prepare, publicly
announce,
and publish an Examination Report |
of summary statistical information relating
to each
| ||
examination administered during the preceding calendar year. | ||
Each Examination
Report shall
show with respect to each | ||
examination:
| ||
(1) For all examinees combined and separately by race | ||
or ethnicity, by
educational level, by gender, by | ||
educational level within race or ethnicity, by
education
| ||
level within gender, and by race or ethnicity within | ||
gender:
| ||
(A) number of examinees;
| ||
(B) percentage and number of examinees who passed | ||
each part;
| ||
(C) percentage and number of examinees who passed | ||
all parts;
| ||
(D) mean scaled scores on each part; and
| ||
(E) standard deviation of scaled scores on each | ||
part.
| ||
(2) For male examinees, female examinees, Black or | ||
African American examinees,
white examinees, American | ||
Indian or Alaska Native examinees, Asian examinees, | ||
Hispanic or Latino
examinees, and Native Hawaiian or Other | ||
Pacific Islander, respectively, with a high school diploma | ||
or State of Illinois High School Diploma high school | ||
equivalency certificate , the distribution
of scaled
scores | ||
on each part.
| ||
No later than May 1 of each year, the Director must prepare |
and make
available on
request an Item Report of summary | ||
statistical information relating to each
operational item on
| ||
each test form administered during the preceding calendar | ||
year. The Item Report
shall show, for
each operational item, | ||
for all examinees combined and separately for Black or African
| ||
American
examinees, white examinees, American Indian or Alaska | ||
Native examinees, Asian examinees,
Hispanic or Latino | ||
examinees, and Native Hawaiian or Other Pacific Islander, the | ||
correct-answer rates and correlations.
| ||
The Director is not required to report separate | ||
statistical information
for any group or
subgroup comprising | ||
fewer than 50 examinees.
| ||
(e) The Director must obtain a regular analysis of the | ||
data collected under
this
Section, and any other relevant | ||
information, for purposes of the development of
new test | ||
forms.
The analysis shall continue the implementation of the | ||
item selection
methodology as
recommended in the Final Report | ||
of the Illinois Insurance Producer's Licensing
Examination
| ||
Advisory Committee dated November 19, 1991, and filed with the | ||
Department
unless some other
methodology is determined by the | ||
Director to be as effective in minimizing
differences between
| ||
white and minority examinee pass-fail rates.
| ||
(f) The Director has the discretion to set cutoff scores | ||
for the
examinations, provided
that scaled scores on test | ||
forms administered after July 1, 1993, shall be made
| ||
comparable to
scaled scores on test forms administered in 1991 |
by use of professionally
acceptable methods so
as to minimize | ||
changes in passing rates related to the presence or absence of
| ||
or changes in
equating or scaling equations or methods or | ||
content outlines. Each calendar
year, the scaled
cutoff score | ||
for each part of each examination shall fluctuate by no more | ||
than
the standard error
of measurement from the scaled cutoff | ||
score employed during the preceding year.
| ||
(g) No later than May 1, 2003 and no later than May 1 of | ||
every fourth year
thereafter,
the Director must release to the | ||
public and make generally available one
representative test | ||
form
and set of answer keys for each part of each examination.
| ||
(h) The Director must maintain, for a period of 3 years | ||
after they are
prepared or
used, all registration forms, test | ||
forms, answer sheets, operational items and
pretest items, | ||
item
analyses, and other statistical analyses relating to the | ||
examinations. All
personal identifying
information regarding | ||
examinees and the content of test items must be
maintained | ||
confidentially
as necessary for purposes of protecting the | ||
personal privacy of examinees and
the maintenance of
test | ||
security.
| ||
(i) In administering the examinations, the Director must | ||
make such
accommodations
for examinees with disabilities as | ||
are reasonably warranted by the particular disability
| ||
involved,
including the provision of additional time if | ||
necessary to complete an
examination or special
assistance in | ||
taking an examination. |
(j) For the purposes of this Section:
| ||
(1) "American Indian or Alaska Native" means a person | ||
having origins in any of the original peoples of North and | ||
South America, including Central America, and who | ||
maintains tribal affiliation or community attachment. | ||
(2) "Asian" means a person having origins in any of | ||
the original peoples of the Far East, Southeast Asia, or | ||
the Indian subcontinent, including, but not limited to, | ||
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||
the Philippine Islands, Thailand, and Vietnam. | ||
(3) "Black or African American" means a person having | ||
origins in any of the black racial groups of Africa. | ||
(4) "Hispanic or Latino" means a person of Cuban, | ||
Mexican, Puerto Rican, South or Central American, or other | ||
Spanish culture or origin, regardless of race. | ||
(5) "Native Hawaiian or Other Pacific Islander" means | ||
a person having origins in any of the original peoples of | ||
Hawaii, Guam, Samoa, or other Pacific Islands. | ||
(6) "White" means a person having origins in any of | ||
the original peoples of Europe, the Middle East, or North | ||
Africa. | ||
(Source: P.A. 102-465, eff. 1-1-22 .)
| ||
Section 45. The Nurse Practice Act is amended by changing | ||
Section 80-40 as follows: |
(225 ILCS 65/80-40) | ||
(Section scheduled to be repealed on January 1, 2028) | ||
Sec. 80-40. Licensure by examination. An applicant for | ||
licensure by examination to practice as a licensed medication | ||
aide
must: | ||
(1) submit a completed written application on forms | ||
provided by the Department and fees
as established by the | ||
Department; | ||
(2) be age 18 or older; | ||
(3) have a high school diploma or a State of Illinois | ||
High School Diploma high school equivalency certificate ; | ||
(4) demonstrate the ability to speak, read, and write | ||
the English language, as determined by
rule; | ||
(5) demonstrate competency in math, as determined by | ||
rule; | ||
(6) be currently certified in good standing as a | ||
certified nursing assistant and provide
proof of 2,000 | ||
hours of practice as a certified nursing assistant within | ||
3 years before
application for licensure; | ||
(7) submit to the criminal history records check | ||
required under Section 50-35 of this Act; | ||
(8) have not engaged in conduct or behavior determined | ||
to be grounds for discipline under
this Act; | ||
(9) be currently certified to perform cardiopulmonary | ||
resuscitation by the American Heart
Association or | ||
American Red Cross; |
(10) have successfully completed a course of study | ||
approved by the Department as defined
by rule; to be | ||
approved, the program must include a minimum of 60 hours | ||
of classroom-based medication aide education, a minimum of | ||
10 hours of simulation laboratory study, and
a minimum of | ||
30 hours of registered nurse-supervised clinical practicum | ||
with progressive responsibility
of patient medication | ||
assistance; | ||
(11) have successfully completed the Medication Aide | ||
Certification Examination or other
examination authorized | ||
by the Department; and | ||
(12) submit proof of employment by a qualifying | ||
facility.
| ||
(Source: P.A. 98-990, eff. 8-18-14; 99-78, eff. 7-20-15 .) | ||
Section 50. The Pharmacy Practice Act is amended by | ||
changing Section 9 as follows:
| ||
(225 ILCS 85/9) (from Ch. 111, par. 4129)
| ||
(Section scheduled to be repealed on January 1, 2023)
| ||
Sec. 9. Licensure as registered pharmacy technician. | ||
(a) Any person shall be entitled
to licensure as a | ||
registered pharmacy technician who is of the age of 16
or over, | ||
has not engaged in conduct or behavior determined to be | ||
grounds for
discipline under this Act, is attending or has
| ||
graduated from an accredited high school or comparable school |
or educational
institution or received a State of Illinois | ||
High School Diploma high school equivalency certificate , and | ||
has filed a written or electronic application for licensure on | ||
a form
to be prescribed and furnished by the Department for | ||
that purpose. The
Department shall issue a license as a | ||
registered pharmacy technician to any applicant who has
| ||
qualified as aforesaid, and such license shall be the sole | ||
authority
required to assist licensed pharmacists in the | ||
practice of pharmacy, under
the supervision of a licensed | ||
pharmacist. A registered pharmacy technician may be delegated | ||
to perform any task within the practice of pharmacy if | ||
specifically trained for that task, except for patient | ||
counseling, drug regimen review, or clinical conflict | ||
resolution. | ||
(b) Beginning on January 1, 2017, within 2 years after | ||
initial licensure as a registered pharmacy technician, the | ||
licensee must meet the requirements described in Section 9.5 | ||
of this Act and become licensed as a registered certified | ||
pharmacy technician. If the licensee has not yet attained the | ||
age of 18, then upon the next renewal as a registered pharmacy | ||
technician, the licensee must meet the requirements described | ||
in Section 9.5 of this Act and become licensed as a registered | ||
certified pharmacy technician. This requirement does not apply | ||
to pharmacy technicians registered prior to January 1, 2008.
| ||
(c) Any person registered
as a pharmacy technician who is | ||
also enrolled in a first professional
degree program in |
pharmacy in a school or college of pharmacy or a
department of | ||
pharmacy of a university approved by the Department or has | ||
graduated from such a program within the last 18 months, shall | ||
be
considered a "student pharmacist"
and entitled to use the | ||
title "student pharmacist". A student pharmacist must meet all | ||
of the requirements for licensure as a registered pharmacy | ||
technician set forth in this Section excluding the requirement | ||
of certification prior to the second license renewal and pay | ||
the required registered pharmacy technician license fees. A | ||
student pharmacist may, under the supervision of a pharmacist, | ||
assist in the practice of pharmacy and perform any and all | ||
functions delegated to him or her by the pharmacist. | ||
(d) Any person seeking licensure as a pharmacist who has | ||
graduated from a pharmacy program outside the United States | ||
must register as a pharmacy technician and shall be considered | ||
a "student pharmacist" and be entitled to use the title | ||
"student pharmacist" while completing the 1,200 clinical hours | ||
of training approved by the Board of Pharmacy described and | ||
for no more than 18 months after completion of these hours. | ||
These individuals are not required to become registered | ||
certified pharmacy technicians while completing their Board | ||
approved clinical training, but must become licensed as a | ||
pharmacist or become licensed as a registered certified | ||
pharmacy technician before the second pharmacy technician | ||
license renewal following completion of the Board approved | ||
clinical training. |
(e) The Department shall not renew the registered pharmacy | ||
technician license of any person who has been licensed as a | ||
registered pharmacy technician with the designation "student | ||
pharmacist" who: (1) has dropped out of or been expelled from | ||
an ACPE accredited college of pharmacy; (2) has failed to | ||
complete his or her 1,200 hours of Board approved clinical | ||
training within 24 months; or (3) has failed the pharmacist | ||
licensure examination 3 times. The Department shall require | ||
these individuals to meet the requirements of and become | ||
licensed as a registered certified pharmacy technician. | ||
(f) The Department may
take any action set forth in | ||
Section 30 of this Act with regard to a license
pursuant to | ||
this Section.
| ||
(g) Any person who is enrolled in a non-traditional | ||
Pharm.D.
program at an ACPE accredited college of pharmacy and | ||
is licensed as a registered pharmacist
under the laws of | ||
another United States jurisdiction shall be permitted to
| ||
engage in the program of practice experience required in the | ||
academic program
by virtue of such license. Such person shall | ||
be exempt from the requirement
of licensure as a registered | ||
pharmacy technician or registered certified pharmacy | ||
technician while engaged in the
program of practice experience | ||
required in the academic program.
| ||
An applicant for licensure as a registered pharmacy | ||
technician may assist a
pharmacist in the practice of pharmacy | ||
for a period of up to
60 days prior to the issuance of a |
license if the
applicant has submitted the required fee and an | ||
application for licensure
to the Department. The applicant | ||
shall keep a copy of the submitted
application on the premises | ||
where the applicant is assisting in the
practice of pharmacy. | ||
The Department shall forward confirmation of receipt of the | ||
application with start and expiration dates of practice | ||
pending licensure.
| ||
(Source: P.A. 100-497, eff. 9-8-17; 101-621, eff. 1-1-20.)
| ||
Section 55. The Structural Pest Control Act is amended by | ||
changing Section 5 as follows:
| ||
(225 ILCS 235/5) (from Ch. 111 1/2, par. 2205)
| ||
(Section scheduled to be repealed on December 31, 2029)
| ||
Sec. 5. Certification requirements. No individual shall | ||
apply any
general use or restricted pesticide while engaged in | ||
commercial structural
pest control in this State unless the | ||
individual is engaged in or has completed the training | ||
requirements prescribed by the Department and is certified, or | ||
supervised by someone who
is certified, by the Department in | ||
accordance with this Section.
| ||
No individual shall apply any restricted pesticide while | ||
engaged in
non-commercial structural pest control in this | ||
State unless the individual is engaged in or has completed the | ||
training requirements prescribed by the Department and is | ||
certified or
supervised by someone who is certified in |
accordance
with this Section. In addition, any individual at | ||
any non-commercial
structural pest control location using | ||
general use pesticides shall comply
with the labeling | ||
requirements of the pesticides used at that location.
| ||
Each commercial structural pest control location shall be | ||
required to
employ at least one certified technician at each | ||
location. In addition,
each non-commercial structural pest | ||
control location utilizing restricted
pesticides shall be | ||
required to employ at least one certified technician at
each | ||
location. Individuals who are not certified technicians may | ||
work
under the supervision of a certified technician employed | ||
at the commercial
or non-commercial location who shall be | ||
responsible for their pest control
activities. Any technician | ||
providing supervision for the use of restricted
pesticides | ||
must be certified in the sub-category for which he is | ||
providing
supervision.
| ||
A. Any individual engaging in commercial structural pest | ||
control and
utilizing general use pesticides must:
| ||
1. be at least 18 years of age; | ||
2. hold a high school diploma or State of Illinois | ||
High School Diploma high school equivalency certificate ; | ||
and
| ||
3. have filed an original application, paid the
fee | ||
required for examination, and have passed the
General | ||
Standards examination.
| ||
B. Any individual engaging in commercial or non-commercial |
structural
pest control and supervising the use of restricted | ||
pesticides in any one of the
sub-categories in Section 7 of | ||
this Act must:
| ||
1. be at least 18 years of age; | ||
2. hold a high school diploma or a State of Illinois | ||
High School Diploma high school equivalency certificate ; | ||
and
| ||
3. have:
| ||
a. six months of practical experience in | ||
structural pest control; or
| ||
b. successfully completed a minimum of 16 semester | ||
hours,
or their equivalent, in entomology or related | ||
fields from a
recognized college or university; or
| ||
c. successfully completed a pest control course,
| ||
approved by the Department, from a recognized | ||
educational
institution or other entity.
| ||
Each applicant shall have filed an original application | ||
and paid the
fee required for examination. Every applicant who | ||
successfully passes the
General Standards examination and at | ||
least one sub-category examination
shall be certified in each | ||
sub-category which he has successfully passed.
| ||
A certified technician who wishes to be certified in
| ||
sub-categories for which he has not been previously certified
| ||
may apply for any sub-category examination provided he meets | ||
the
requirements set forth in this Section, files an original | ||
application,
and pays the fee for examination.
|
An applicant who fails to pass the General Standards | ||
examination
or any sub-category examination may reapply for | ||
that examination, provided
that he files an application and | ||
pays the fee required for an original
examination. | ||
Re-examination applications shall be on forms prescribed
by | ||
the Department.
| ||
(Source: P.A. 100-716, eff. 8-3-18.)
| ||
Section 60. The Community Association Manager Licensing | ||
and Disciplinary Act is amended by changing Section 40 as | ||
follows: | ||
(225 ILCS 427/40) | ||
(Section scheduled to be repealed on January 1, 2027) | ||
Sec. 40. Qualifications for licensure as a community | ||
association manager. | ||
(a) No person shall be qualified for licensure as a | ||
community association manager under this Act unless the person | ||
has applied in writing on the prescribed forms and has paid the | ||
required, nonrefundable fees and has met all of the following | ||
qualifications: | ||
(1) Is at least 18 years of age. | ||
(1.5) Successfully completed a 4-year course of study | ||
in a high school, secondary school, or an equivalent | ||
course of study approved by the state in which the school | ||
is located, or possess a State of Illinois High School |
Diploma high school equivalency certificate , which shall | ||
be verified under oath by the applicant. | ||
(2) Provided satisfactory evidence of having completed | ||
at least 20 classroom hours in community association | ||
management courses approved by the Board. | ||
(3) Passed an examination authorized by the | ||
Department.
| ||
(4) Has not committed an act or acts, in this or any | ||
other jurisdiction, that would be a violation of this Act. | ||
(5) Is of good moral character. In determining moral | ||
character under this Section, the Department may take into | ||
consideration whether the applicant has engaged in conduct | ||
or activities that would constitute grounds for discipline | ||
under this Act. Good moral character is a continuing | ||
requirement of licensure. Conviction of crimes may be used | ||
in determining moral character, but shall not constitute | ||
an absolute bar to licensure. | ||
(6) Has not been declared by any court of competent | ||
jurisdiction to be incompetent by reason of mental or | ||
physical defect or disease, unless subsequently declared | ||
by a court to be competent. | ||
(7) Complies with any additional qualifications for | ||
licensure as determined by rule of the Department. | ||
(b) (Blank). | ||
(c) (Blank). | ||
(d) Applicants have 3 years from the date of application |
to complete the application process. If the process has not | ||
been completed within the 3 years, the application shall be | ||
denied, the fee shall be forfeited, and the applicant must | ||
reapply and meet the requirements in effect at the time of | ||
re-application. | ||
(e) The Department shall not require applicants to report | ||
the following information and shall not consider the following | ||
criminal history records in connection with an application for | ||
licensure: | ||
(1) juvenile adjudications of delinquent minors as | ||
defined in Section 5-105 of the Juvenile Court Act of 1987 | ||
subject to the restrictions set forth in Section 5-130 of | ||
that Act; | ||
(2) law enforcement records, court records, and | ||
conviction records of an individual who was 17 years old | ||
at the time of the offense and before January 1, 2014, | ||
unless the nature of the offense required the individual | ||
to be tried as an adult; | ||
(3) records of arrest not followed by a charge or | ||
conviction; | ||
(4) records of arrest in which the charges were | ||
dismissed unless related to the practice of the | ||
profession; however, applicants shall not be asked to | ||
report any arrests, and an arrest not followed by a | ||
conviction shall not be the basis of a denial and may be | ||
used only to assess an applicant's rehabilitation; |
(5) convictions overturned by a higher court; or | ||
(6) convictions or arrests that have been sealed or | ||
expunged. | ||
(f) An applicant or licensee shall report to the | ||
Department, in a manner prescribed by the Department, and | ||
within 30 days after the occurrence if during the term of | ||
licensure: (i) any conviction of or plea of guilty or nolo | ||
contendere to forgery, embezzlement, obtaining money under | ||
false pretenses, larceny, extortion, conspiracy to defraud, or | ||
any similar offense or offenses or any conviction of a felony | ||
involving moral turpitude; (ii) the entry of an administrative | ||
sanction by a government agency in this State or any other | ||
jurisdiction that has as an essential element dishonesty or | ||
fraud or involves larceny, embezzlement, or obtaining money, | ||
property, or credit by false pretenses; or (iii) any | ||
conviction of or plea of guilty or nolo contendere to a crime | ||
that subjects the licensee to compliance with the requirements | ||
of the Sex Offender Registration Act.
| ||
(Source: P.A. 102-20, eff. 1-1-22 .) | ||
Section 65. The Home Inspector License Act is amended by | ||
changing Section 5-10 as follows:
| ||
(225 ILCS 441/5-10)
| ||
(Section scheduled to be repealed on January 1, 2027)
| ||
Sec. 5-10. Application for home inspector license. |
(a) Every natural person
who
desires to obtain a home | ||
inspector license shall:
| ||
(1) apply to the Department in a manner prescribed by | ||
the Department and accompanied by the required
fee; all | ||
applications shall contain the information that, in the | ||
judgment of the Department, enables the Department to pass | ||
on the qualifications of the applicant for a license to | ||
practice as a home inspector as set by rule;
| ||
(2) be at least 18 years of age;
| ||
(3) successfully complete a 4-year course of study in | ||
a high school or secondary school or an equivalent course | ||
of study approved by the state in which the school is | ||
located, or possess a State of Illinois High School | ||
Diploma high school equivalency certificate , which shall | ||
be verified under oath by the applicant;
| ||
(4) personally take and pass a written examination and | ||
a field examination authorized by the Department; and
| ||
(5) prior to taking the examination, provide evidence
| ||
to the Department that the applicant has
successfully | ||
completed the prerequisite classroom hours of instruction | ||
in home
inspection, as established by rule.
| ||
(b) The Department shall not require applicants to report | ||
the following information and shall not consider the following | ||
criminal history records in connection with an application for | ||
licensure or registration: | ||
(1) juvenile adjudications of delinquent minors as |
defined in Section 5-105 of the Juvenile Court Act of 1987 | ||
subject to the restrictions set forth in Section 5-130 of | ||
that Act; | ||
(2) law enforcement records, court records, and | ||
conviction records of an individual who was 17 years old | ||
at the time of the offense and before January 1, 2014, | ||
unless the nature of the offense required the individual | ||
to be tried as an adult; | ||
(3) records of arrest not followed by a charge or | ||
conviction; | ||
(4) records of arrest where the charges were dismissed | ||
unless related to the practice of the profession; however, | ||
applicants shall not be asked to report any arrests, and | ||
an arrest not followed by a conviction shall not be the | ||
basis of denial and may be used only to assess an | ||
applicant's rehabilitation; | ||
(5) convictions overturned by a higher court; or | ||
(6) convictions or arrests that have been sealed or | ||
expunged. | ||
(c) An applicant or licensee shall report to the | ||
Department, in a manner prescribed by the Department, upon | ||
application and within 30 days after the occurrence, if during | ||
the term of licensure, (i) any conviction of or plea of guilty | ||
or nolo contendere to forgery, embezzlement, obtaining money | ||
under false pretenses, larceny, extortion, conspiracy to | ||
defraud, or any similar offense or offenses or any conviction |
of a felony involving moral turpitude, (ii) the entry of an | ||
administrative sanction by a government agency in this State | ||
or any other jurisdiction that has as an essential element | ||
dishonesty or fraud or involves larceny, embezzlement, or | ||
obtaining money, property, or credit by false pretenses, or | ||
(iii) a crime that subjects the licensee to compliance with | ||
the requirements of the Sex Offender Registration Act. | ||
(d) Applicants have 3 years after the date of the | ||
application to complete the application process. If the | ||
process has not been completed within 3 years, the application | ||
shall be denied, the fee forfeited, and the applicant must | ||
reapply and meet the requirements in effect at the time of | ||
reapplication. | ||
(Source: P.A. 102-20, eff. 1-1-22 .)
| ||
Section 70. The Real Estate License Act of 2000 is amended | ||
by changing Sections 5-10, 5-27, and 5-28 as follows:
| ||
(225 ILCS 454/5-10)
| ||
(Section scheduled to be repealed on January 1, 2030)
| ||
Sec. 5-10. Requirements for license as a residential | ||
leasing agent; continuing education. | ||
(a) Every applicant for licensure as a residential leasing | ||
agent must meet the following qualifications: | ||
(1) be at least 18 years of age; | ||
(2) be of good moral
character; |
(3) successfully complete
a 4-year course of study in | ||
a high school or secondary school or an
equivalent course | ||
of
study approved by the state in which the school is | ||
located, or possess a State of Illinois High School | ||
Diploma high school equivalency certificate , which shall | ||
be verified under oath by the applicant; | ||
(4) personally take and pass a written
examination | ||
authorized by the Department sufficient to demonstrate the | ||
applicant's
knowledge of the
provisions of this Act | ||
relating to residential leasing agents and the applicant's
| ||
competence to engage in the
activities of a licensed | ||
residential leasing agent; | ||
(5) provide satisfactory evidence of having completed | ||
15 hours of
instruction in an approved course of study | ||
relating to the leasing of residential real property. The | ||
Board may recommend to the Department the number of hours | ||
each topic of study shall require. The
course of study | ||
shall, among other topics, cover
the provisions of this | ||
Act
applicable to residential leasing agents; fair housing | ||
and human rights issues relating to residential
leasing; | ||
advertising and marketing issues;
leases, applications, | ||
and credit and criminal background reports; owner-tenant | ||
relationships and
owner-tenant laws; the handling of | ||
funds; and
environmental issues relating
to residential | ||
real
property; | ||
(6) complete any other requirements as set forth by |
rule; and
| ||
(7) present a valid application for issuance of an | ||
initial license accompanied by fees specified by rule. | ||
(b) No applicant shall engage in any of the activities | ||
covered by this Act without a valid license and until a valid | ||
sponsorship has been registered with the Department. | ||
(c) Successfully completed course work, completed pursuant | ||
to the
requirements of this
Section, may be applied to the | ||
course work requirements to obtain a managing
broker's or
| ||
broker's license as provided by rule. The Board may
recommend | ||
to the Department and the Department may adopt requirements | ||
for approved courses, course
content, and the
approval of | ||
courses, instructors, and education providers, as well as | ||
education provider and instructor
fees. The Department may
| ||
establish continuing education requirements for residential | ||
licensed leasing agents, by
rule, consistent with the language | ||
and intent of this Act, with the advice of
the Board.
| ||
(d) The continuing education requirement for residential | ||
leasing agents shall consist of a single core curriculum to be | ||
prescribed by the Department as recommended by the Board. | ||
Leasing agents shall be required to complete no less than 8 | ||
hours of continuing education in the core curriculum for each | ||
2-year renewal period. The curriculum shall, at a minimum, | ||
consist of a single course or courses on the subjects of fair | ||
housing and human rights issues related to residential | ||
leasing, advertising and marketing issues, leases, |
applications, credit reports, and criminal history, the | ||
handling of funds, owner-tenant relationships and owner-tenant | ||
laws, and environmental issues relating to residential real | ||
estate. | ||
(Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
| ||
(225 ILCS 454/5-27) | ||
(Section scheduled to be repealed on January 1, 2030) | ||
Sec. 5-27. Requirements for licensure as a broker. | ||
(a) Every applicant for licensure as a broker must meet | ||
the following qualifications: | ||
(1) Be at least 18 years of age; | ||
(2) Be of good moral character; | ||
(3) Successfully complete a 4-year course of study in | ||
a high school or secondary school approved by the state in | ||
which the school is located, or possess a State of | ||
Illinois High School Diploma high school equivalency | ||
certificate , which shall be verified under oath by the | ||
applicant; | ||
(4) (Blank); | ||
(5) Provide satisfactory evidence of having completed | ||
75 hours of instruction in real estate courses approved by | ||
the Department, 15 hours of which must consist of | ||
situational and case studies presented in the classroom or | ||
by live, interactive webinar or online distance education | ||
courses; |
(6) Personally take and pass a written examination | ||
authorized by the Department; | ||
(7) Present a valid application for issuance of a | ||
license accompanied by the fees specified by rule. | ||
(b) The requirements specified in items (3) and (5) of | ||
subsection (a) of this Section do not apply to applicants who | ||
are currently admitted to practice law by the Supreme Court of | ||
Illinois and are currently in active standing. | ||
(c) No applicant shall engage in any of the activities | ||
covered by this Act until a valid sponsorship has been | ||
registered with the Department. | ||
(d) All licenses should be readily available to the public | ||
at the licensee's place of business.
| ||
(e) An individual holding an active license as a managing | ||
broker may, upon written request to the Department, | ||
permanently and irrevocably place his or her managing broker | ||
license on inactive status and shall be issued a broker's | ||
license in exchange. Any individual obtaining a broker's | ||
license under this subsection (e) shall be considered as | ||
having obtained a broker's license by education and passing | ||
the required test and shall be treated as such in determining | ||
compliance with this Act. | ||
(Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.) | ||
(225 ILCS 454/5-28) | ||
(Section scheduled to be repealed on January 1, 2030) |
Sec. 5-28. Requirements for licensure as a managing | ||
broker. | ||
(a) Every applicant for licensure as a managing broker | ||
must meet the following qualifications: | ||
(1) be at least 20 years of age; | ||
(2) be of good moral character; | ||
(3) have been licensed at least 2 consecutive years | ||
out of the preceding 3 years as a broker; | ||
(4) successfully complete a 4-year course of study in | ||
high school or secondary school approved by the state in | ||
which the school is located, or a State of Illinois High | ||
School Diploma high school equivalency certificate , which | ||
shall be verified under oath by the applicant; | ||
(5) provide satisfactory evidence of having completed | ||
at least 165 hours, 120 of which shall be those hours | ||
required pre-licensure and post-licensure to obtain a | ||
broker's license, and 45 additional hours completed within | ||
the year immediately preceding the filing of an | ||
application for a managing broker's license, which hours | ||
shall focus on brokerage administration and management and | ||
residential leasing agent management and include at least | ||
15 hours in the classroom or by live, interactive webinar | ||
or online distance education courses; | ||
(6) personally take and pass a written examination | ||
authorized by the Department; and | ||
(7) submit a valid application for issuance of a |
license accompanied by the fees specified by rule. | ||
(b) The requirements specified in item (5) of subsection | ||
(a) of this Section do not apply to applicants who are | ||
currently admitted to practice law by the Supreme Court of | ||
Illinois and are currently in active standing.
| ||
(Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.) | ||
Section 75. The Illinois Public Aid Code is amended by | ||
changing Sections 4-1.9 and 9A-8 as follows:
| ||
(305 ILCS 5/4-1.9) (from Ch. 23, par. 4-1.9)
| ||
Sec. 4-1.9. Participation in Educational and Vocational | ||
Training Programs.
| ||
(a) A parent or parents and a child age 16 or over not in | ||
regular
attendance
in school, as defined in Section 4-1.1 as | ||
that Section existed on August 26,
1969 (the effective date of | ||
Public Act 76-1047), for whom education and
training is | ||
suitable, must participate in the educational and vocational
| ||
training programs provided pursuant to Article IXA.
| ||
(b) A parent who is less than 20 years of age and who has | ||
not
received a
high school diploma or State of Illinois High | ||
School Diploma high school equivalency certificate is required | ||
to be
enrolled in school or in an educational program that is | ||
expected to result in
the receipt of a high school diploma or | ||
State of Illinois High School Diploma high school equivalency | ||
certificate ,
except 18 and 19 year old parents may be assigned |
to work activities or
training if it is determined based on an | ||
individualized assessment that
secondary school is | ||
inappropriate.
| ||
(Source: P.A. 89-6, eff. 3-6-95; 90-17, eff. 7-1-97.)
| ||
(305 ILCS 5/9A-8) (from Ch. 23, par. 9A-8)
| ||
Sec. 9A-8. Operation of program.
| ||
(a) At the time of application or redetermination of | ||
eligibility under
Article IV, as determined by rule, the | ||
Illinois Department shall provide
information in writing and | ||
orally regarding the education, training and
employment | ||
program to all applicants and recipients. The information
| ||
required shall be established by rule and shall include, but | ||
need not be
limited to:
| ||
(1) education (including literacy training), | ||
employment and training
opportunities available, the | ||
criteria for approval of those opportunities,
and the | ||
right to request changes in the personal responsibility | ||
and
services plan to include those opportunities;
| ||
(1.1) a complete list of all activities that are | ||
approvable activities, and
the circumstances under which | ||
they are
approvable, including work activities, substance | ||
use disorder or mental health
treatment, activities to | ||
escape and prevent domestic
violence, caring for a | ||
medically impaired family member, and any other
approvable | ||
activities, together with the right to and
procedures for |
amending the responsibility and services plan to include | ||
these
activities;
| ||
(1.2) the rules concerning the lifetime limit on | ||
eligibility, including
the current status of the applicant | ||
or recipient in
terms of the months of remaining | ||
eligibility, the criteria under which a month
will not | ||
count towards the lifetime limit, and the
criteria under | ||
which a recipient may receive benefits beyond the end of | ||
the
lifetime limit;
| ||
(2) supportive services including child care
and the | ||
rules regarding eligibility for and access to the child
| ||
care assistance program, transportation, initial expenses | ||
of employment, job
retention, books and fees, and any | ||
other supportive
services;
| ||
(3) the obligation of the Department to provide | ||
supportive services;
| ||
(4) the rights and responsibilities of participants, | ||
including
exemption, sanction, reconciliation, and good | ||
cause criteria and
procedures, termination for | ||
non-cooperation
and reinstatement rules and procedures, | ||
and appeal and grievance procedures;
and
| ||
(5) the types and locations of child care services.
| ||
(b) The Illinois
Department shall notify the recipient in | ||
writing of the opportunity to
volunteer to participate in the | ||
program.
| ||
(c) (Blank).
|
(d) As part of the personal plan for achieving employment | ||
and
self-sufficiency, the Department shall conduct an | ||
individualized assessment
of
the
participant's employability. | ||
No participant may be assigned to any
component of the | ||
education, training and employment activity
prior to such
| ||
assessment. The plan shall
include collection of
information
| ||
on the individual's background, proficiencies, skills | ||
deficiencies,
education level, work history, employment goals, | ||
interests, aptitudes, and
employment preferences, as well as | ||
factors affecting employability or
ability to meet | ||
participation requirements (e.g., health, physical or
mental | ||
limitations, child care, family circumstances, domestic | ||
violence, sexual violence,
substance use disorders, and | ||
special needs of any child of the individual). As part
of the | ||
plan,
individuals and Department staff shall work together to | ||
identify any
supportive service needs required to enable the | ||
client to participate and
meet the objectives of his or her | ||
employability plan. The
assessment may be conducted through | ||
various methods such as interviews,
testing, counseling, and | ||
self-assessment instruments. In the
assessment process, the | ||
Department shall offer to include standard
literacy testing
| ||
and a determination of
English language proficiency and shall | ||
provide it for those who accept the
offer.
Based on the | ||
assessment,
the
individual will be assigned to the appropriate | ||
activity. The
decision will be based on a determination of the | ||
individual's level of
preparation for employment as defined by |
rule.
| ||
(e) Recipients determined to be exempt may volunteer to | ||
participate
pursuant to Section 9A-4 and must be assessed.
| ||
(f) As part of the personal plan for achieving employment | ||
and
self-sufficiency under Section 4-1, an employability plan | ||
for recipients
shall be
developed in
consultation with the | ||
participant. The Department shall have final
responsibility | ||
for approving the employability plan. The employability
plan | ||
shall:
| ||
(1) contain an employment goal of the participant;
| ||
(2) describe the services to be provided by the | ||
Department, including
child care and other support | ||
services;
| ||
(3) describe the activities, such as component | ||
assignment, that will be
undertaken by the participant to | ||
achieve the employment goal. The Department shall treat | ||
participation in high school and high school equivalency | ||
programs as a core activity and count participation in | ||
high school and high school equivalency programs toward | ||
the first 20 hours per week of participation. The | ||
Department shall approve participation in high school or | ||
high school equivalency programs upon written or oral | ||
request of the participant if he or she has not already | ||
earned a high school diploma or a State of Illinois High | ||
School Diploma high school equivalency certificate . | ||
However, participation in high school or high school |
equivalency programs may be delayed as part of an | ||
applicant's or recipient's personal plan for achieving | ||
employment and self-sufficiency if it is determined that | ||
the benefit from participating in another activity, such | ||
as, but not limited to, treatment for a substance use | ||
disorder or an English proficiency program, would be | ||
greater to the applicant or recipient than participation | ||
in high school or a high school equivalency program. The | ||
availability of high school and high school equivalency | ||
programs may also delay enrollment in those programs. The | ||
Department shall treat such activities as a core activity | ||
as long as satisfactory progress is made, as determined by | ||
the high school or high school equivalency program. Proof | ||
of satisfactory progress shall be provided by the | ||
participant or the school at the end of each academic | ||
term; and
| ||
(4) describe any other needs of the family that might | ||
be met by
the Department.
| ||
(g) The employability plan shall take into account:
| ||
(1) available program resources;
| ||
(2) the participant's support service needs;
| ||
(3) the participant's skills level and aptitudes;
| ||
(4) local employment opportunities; and
| ||
(5) the preferences of the
participant.
| ||
(h) A reassessment shall be conducted to assess a | ||
participant's
progress and to review the employability plan on |
the following occasions:
| ||
(1) upon completion of an activity and before
| ||
assignment to an activity;
| ||
(2) upon the request of the participant;
| ||
(3) if the individual is not cooperating with the | ||
requirements of
the program; and
| ||
(4) if the individual has failed to make satisfactory | ||
progress in an
education or training program.
| ||
Based on the reassessment, the Department may revise the | ||
employability
plan of the participant.
| ||
(Source: P.A. 99-746, eff. 1-1-17; 100-759, eff. 1-1-19 .)
| ||
Section 80. The Firearm Concealed Carry Act is amended by | ||
changing Section 80 as follows: | ||
(430 ILCS 66/80) | ||
Sec. 80. Certified firearms instructors. | ||
(a) Within 60 days of the effective date of this Act, the | ||
Illinois State Police shall begin approval of certified | ||
firearms instructors and enter certified firearms instructors | ||
into an online registry on the Illinois State Police's | ||
website. | ||
(b) A person who is not a certified firearms instructor | ||
shall not teach applicant training courses or advertise or | ||
otherwise represent courses they teach as qualifying their | ||
students to meet the requirements to receive a license under |
this Act. Each violation of this subsection is a business | ||
offense with a fine of at least $1,000 per violation. | ||
(c) A person seeking to become a certified firearms | ||
instructor shall: | ||
(1) be at least 21 years of age; | ||
(2) be a legal resident of the United States; and | ||
(3) meet the requirements of Section 25 of this Act, | ||
except for the Illinois residency
requirement in item | ||
(xiv) of paragraph (2) of subsection (a) of Section 4 of | ||
the Firearm
Owners Identification Card Act; and any | ||
additional uniformly applied requirements established by | ||
the Illinois State Police. | ||
(d) A person seeking to become a certified firearms | ||
instructor, in addition to the requirements of subsection (c) | ||
of this Section, shall: | ||
(1) possess a high school diploma or State of Illinois | ||
High School Diploma high school equivalency certificate ; | ||
and | ||
(2) have at least one of the following valid firearms | ||
instructor certifications: | ||
(A) certification from a law enforcement agency; | ||
(B) certification from a firearm instructor course | ||
offered by a State or federal governmental agency; | ||
(C) certification from a firearm instructor | ||
qualification course offered by the Illinois Law | ||
Enforcement Training Standards Board; or |
(D) certification from an entity approved by the | ||
Illinois State Police that offers firearm instructor | ||
education and training in the use and safety of | ||
firearms. | ||
(e) A person may have his or her firearms instructor | ||
certification denied or revoked if he or she does not meet the | ||
requirements to obtain a license under this Act, provides | ||
false or misleading information to the Illinois State Police, | ||
or has had a prior instructor certification revoked or denied | ||
by the Illinois State Police.
| ||
(Source: P.A. 102-538, eff. 8-20-21.) | ||
Section 85. The Illinois Vehicle Code is amended by | ||
changing Sections 6-107 and 6-408.5 as follows:
| ||
(625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
| ||
Sec. 6-107. Graduated license.
| ||
(a) The purpose of the Graduated
Licensing Program is to | ||
develop safe and mature driving habits in young,
inexperienced | ||
drivers and reduce or prevent motor vehicle accidents,
| ||
fatalities,
and injuries by:
| ||
(1) providing for an increase in the time of practice | ||
period before
granting
permission to obtain a driver's | ||
license;
| ||
(2) strengthening driver licensing and testing | ||
standards for persons under
the age of 21 years;
|
(3) sanctioning driving privileges of drivers under | ||
age 21 who have
committed serious traffic violations or | ||
other specified offenses; and
| ||
(4) setting stricter standards to promote the public's | ||
health and
safety.
| ||
(b) The application of any person under
the age of 18 | ||
years, and not legally emancipated, for a drivers
license or | ||
permit to operate a motor vehicle issued under the laws of this
| ||
State, shall be accompanied by the written consent of either | ||
parent of the
applicant; otherwise by the guardian having | ||
custody of the applicant, or
in the event there is no parent or | ||
guardian, then by another responsible adult. The written | ||
consent must accompany any application for a driver's license | ||
under this subsection (b), regardless of whether or not the | ||
required written consent also accompanied the person's | ||
previous application for an instruction permit.
| ||
No graduated driver's license shall be issued to any | ||
applicant under 18
years
of age, unless the applicant is at | ||
least 16 years of age and has:
| ||
(1) Held a valid instruction permit for a minimum of 9 | ||
months.
| ||
(2) Passed an approved driver education course
and | ||
submits proof of having passed the course as may
be | ||
required.
| ||
(3) Certification by the parent, legal guardian, or | ||
responsible adult that
the applicant has had a minimum of |
50 hours of behind-the-wheel practice time, at least 10 | ||
hours of which have been at night,
and is sufficiently | ||
prepared and able to safely operate a motor vehicle.
| ||
(b-1) No graduated
driver's license shall be issued to any | ||
applicant who is under 18 years of age
and not legally | ||
emancipated, unless the applicant has graduated
from a | ||
secondary school of this State or any other state, is enrolled | ||
in a
course leading to a State of Illinois High School Diploma | ||
high school equivalency certificate , has
obtained a State of | ||
Illinois High School Diploma high school equivalency | ||
certificate , is enrolled in an elementary or secondary school | ||
or college or university
of this State or any other state and | ||
is not a chronic or habitual truant as provided in Section | ||
26-2a of the School Code, or is receiving home instruction and | ||
submits proof of meeting any of those
requirements at the time | ||
of application.
| ||
An applicant under 18 years of age who provides proof | ||
acceptable to the Secretary that the applicant has resumed | ||
regular school attendance or home instruction or that his or | ||
her application was denied in error shall be eligible to | ||
receive a graduated license if other requirements are met. The | ||
Secretary shall adopt rules for implementing this subsection | ||
(b-1).
| ||
(c) No graduated driver's license or permit shall be | ||
issued to
any applicant under 18
years of age who has committed | ||
the offense of operating a motor vehicle
without a valid |
license or permit in violation of Section 6-101 of this Code
or | ||
a similar out of state offense and no graduated driver's
| ||
license or permit shall be issued to any applicant under 18 | ||
years of age
who has committed an offense that would otherwise | ||
result in a
mandatory revocation of a license or permit as | ||
provided in Section 6-205 of
this Code or who has been either | ||
convicted of or adjudicated a delinquent based
upon a | ||
violation of the Cannabis Control Act, the Illinois Controlled
| ||
Substances Act, the Use of Intoxicating Compounds Act, or the | ||
Methamphetamine Control and Community Protection Act while | ||
that individual was in actual physical control of a motor
| ||
vehicle. For purposes of this Section, any person placed on | ||
probation under
Section 10 of the Cannabis Control Act, | ||
Section 410 of the Illinois
Controlled Substances Act, or | ||
Section 70 of the Methamphetamine Control and Community | ||
Protection Act shall not be considered convicted. Any person | ||
found
guilty of this offense, while in actual physical control | ||
of a motor vehicle,
shall have an entry made in the court | ||
record by the judge that this offense did
occur while the | ||
person was in actual physical control of a motor vehicle and
| ||
order the clerk of the court to report the violation to the | ||
Secretary of State
as such.
| ||
(d) No graduated driver's license shall be issued for 9 | ||
months to any
applicant
under
the
age of 18 years who has | ||
committed and subsequently been convicted of an offense | ||
against traffic regulations governing the movement of |
vehicles, any violation of this Section or Section 12-603.1 of | ||
this Code, or who has received a disposition of court | ||
supervision for a violation of Section 6-20 of the Illinois | ||
Liquor Control Act of 1934 or a similar provision of a local | ||
ordinance.
| ||
(e) No graduated driver's license holder under the age
of | ||
18 years shall operate any
motor vehicle, except a motor | ||
driven cycle or motorcycle, with
more than one passenger in | ||
the front seat of the motor vehicle
and no more passengers in | ||
the back seats than the number of available seat
safety belts | ||
as set forth in Section 12-603 of this Code. If a graduated | ||
driver's license holder over the age of 18 committed an | ||
offense against traffic regulations governing the movement of | ||
vehicles or any violation of this Section or Section 12-603.1 | ||
of this Code in the 6 months prior to the graduated driver's | ||
license holder's 18th birthday, and was subsequently convicted | ||
of the violation, the provisions of this paragraph shall | ||
continue to apply until such time as a period of 6 consecutive | ||
months has elapsed without an additional violation and | ||
subsequent conviction of an offense against traffic | ||
regulations governing the movement of vehicles or any | ||
violation of this Section or Section 12-603.1 of this Code.
| ||
(f) (Blank).
| ||
(g) If a graduated driver's license holder is under the | ||
age of 18 when he
or she receives the license, for the first 12 | ||
months he or she holds the license
or
until he or she reaches |
the age of 18, whichever occurs sooner, the graduated
license
| ||
holder may not operate a motor vehicle with more than one | ||
passenger in the
vehicle
who is under the age of 20, unless any | ||
additional passenger or passengers are
siblings, | ||
step-siblings, children, or stepchildren of the driver. If a | ||
graduated driver's license holder committed an offense against | ||
traffic regulations governing the movement of vehicles or any | ||
violation of this Section or Section 12-603.1 of this Code | ||
during the first 12 months the license is held and | ||
subsequently is convicted of the violation, the provisions of | ||
this paragraph shall remain in effect until such time as a | ||
period of 6 consecutive months has elapsed without an | ||
additional violation and subsequent conviction of an offense | ||
against traffic regulations governing the movement of vehicles | ||
or any violation of this Section or Section 12-603.1 of this | ||
Code.
| ||
(h) It shall be an offense for a person that is age 15, but | ||
under age 20, to be a passenger in a vehicle operated by a | ||
driver holding a graduated driver's license during the first | ||
12 months the driver holds the license or until the driver | ||
reaches the age of 18, whichever occurs sooner, if another | ||
passenger under the age of 20 is present, excluding a sibling, | ||
step-sibling, child, or step-child of the driver.
| ||
(i) No graduated driver's license shall be issued to any | ||
applicant under the age of 18 years if the applicant has been | ||
issued a traffic citation for which a disposition has not been |
rendered at the time of application. | ||
(Source: P.A. 97-229, eff. 7-28-11; 97-835, eff. 7-20-12; | ||
98-168, eff. 1-1-14; 98-718, eff. 1-1-15 .)
| ||
(625 ILCS 5/6-408.5)
| ||
Sec. 6-408.5. Courses for students or high school | ||
dropouts; limitation.
| ||
(a) No driver training school
or driving training | ||
instructor licensed under this Act may request a
certificate | ||
of completion from the Secretary of State as provided in | ||
Section
6-411 for any person who is enrolled as a
student in | ||
any public or non-public secondary school at the time such
| ||
instruction is to be provided, or who was so enrolled during | ||
the semester last
ended if that instruction is to be provided | ||
between semesters or during the
summer after the regular | ||
school term ends, unless that student has received a
passing | ||
grade in at least 8 courses during the 2 semesters last ending | ||
prior to
requesting a certificate of completion from the | ||
Secretary of State for the
student.
| ||
(b) No driver training school or driving training | ||
instructor licensed under
this Act may request a certificate | ||
of completion from the Secretary of State as
provided in | ||
Section 6-411 for any person who has dropped out of school and | ||
has
not yet attained the age of 18 years unless the driver | ||
training school or
driving training instructor has: 1) | ||
obtained written documentation verifying
the
dropout's |
enrollment in a high school equivalency testing or alternative | ||
education program or has obtained
a copy of the dropout's | ||
State of Illinois High School Diploma high school equivalency | ||
certificate ; 2) obtained verification that the
student prior | ||
to dropping out had received a passing grade in at least 8
| ||
courses during the 2 previous
semesters last ending prior to | ||
requesting a certificate of completion; or 3)
obtained written | ||
consent from the dropout's parents or guardians and the
| ||
regional superintendent.
| ||
(c) Students shall be informed of the
eligibility | ||
requirements of this Act
in writing at the time of | ||
registration.
| ||
(d) The superintendent of schools of the
school district | ||
in which the student resides and attends school or in which
the | ||
student resides at the time he or she drops out of school (with | ||
respect
to a public high school student or a dropout from the | ||
public high school)
or the chief school administrator (with
| ||
respect to a student who attends a non-public high school or a | ||
dropout from a
non-public high school) may waive the | ||
requirements of this Section if the superintendent
or chief | ||
school administrator, as the case
may be, deems it to be in the | ||
best interests of the student or dropout.
Before requesting a | ||
certificate of completion from the Secretary of State
for any | ||
person who is enrolled
as
a student in any public or non-public | ||
secondary school or who was so enrolled
in the semester last | ||
ending prior to the request for a certificate of
completion |
from the Secretary of State or who is of high school age, the | ||
driver
training school shall
determine from the school | ||
district in which that person resides or resided at
the time of | ||
dropping out of school, or from the
chief administrator of the | ||
non-public high school attended or last
attended by such | ||
person, as
the case may be, that such person is not ineligible | ||
to receive a certificate
of completion under this Section.
| ||
(Source: P.A. 98-718, eff. 1-1-15 .)
| ||
Section 90. The Unified Code of Corrections is amended by | ||
changing Sections 3-6-3, 3-6-8, and 5-8-1.3 as follows:
| ||
(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| ||
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 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 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 or a
prisoner who has been sentenced to death | ||
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 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 the
Director deems proper. 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
the 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 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; except nothing in this | ||
paragraph shall be construed to permit the Director to extend | ||
an inmate's sentence beyond that which was imposed by the | ||
court. Prior to awarding credit under this paragraph (3), the | ||
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 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 substance abuse | ||
programs, correctional
industry assignments, educational | ||
programs, 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, | ||
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, 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). | ||
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.
| ||
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 high school equivalency certificate . 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) 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. | ||
(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 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 | ||
the 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 the Department of Corrections, 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. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21; | ||
102-28, eff. 6-25-21; 102-558, eff. 8-20-21.)
| ||
(730 ILCS 5/3-6-8) | ||
Sec. 3-6-8. High school equivalency testing programs. The |
Department of Corrections shall develop and establish a | ||
program in the Adult Division designed to increase the number | ||
of committed persons enrolled in programs for high school | ||
equivalency testing and pursuing State of Illinois High School | ||
Diplomas high school equivalency certificates by at least 100% | ||
over the 4-year period following the effective date of this | ||
amendatory Act of the 94th General Assembly. Pursuant to the | ||
program, each adult institution and facility shall report | ||
annually to the Director of Corrections on the number of | ||
committed persons enrolled in high school equivalency testing | ||
programs and those who pass high school equivalency testing, | ||
and the number of committed persons in the Adult Division who | ||
are on waiting lists for participation in the high school | ||
equivalency testing programs.
| ||
(Source: P.A. 98-718, eff. 1-1-15 .)
| ||
(730 ILCS 5/5-8-1.3)
| ||
Sec. 5-8-1.3. Pilot residential and transition treatment | ||
program for women.
| ||
(a) The General Assembly recognizes:
| ||
(1) that drug-offending women with children who have | ||
been in and out of
the criminal justice system for years | ||
are a serious problem;
| ||
(2) that the intergenerational cycle of women | ||
continuously
being part of the criminal justice system | ||
needs to be broken;
|
(3) that the effects of drug offending women with | ||
children
disrupts family harmony and creates an atmosphere | ||
that is
not conducive to healthy childhood development;
| ||
(4) that there is a need for an effective residential
| ||
community supervision model to provide help to women to
| ||
become drug free, recover from trauma, focus on healthy
| ||
mother-child relationships, and establish economic
| ||
independence and long-term support;
| ||
(5) that certain non-violent women offenders with | ||
children
eligible for sentences of incarceration, may | ||
benefit from
the rehabilitative aspects of gender | ||
responsive
treatment programs and services. This Section | ||
shall
not be construed to allow violent offenders to
| ||
participate in a treatment program.
| ||
(b) Under the direction of the sheriff and with the | ||
approval of
the county board of commissioners, the sheriff, in | ||
any county with more
than 3,000,000 inhabitants, may operate a | ||
residential and
transition treatment program for women | ||
established by the Illinois Department
of Corrections if | ||
funding has been provided by federal, local or private
| ||
entities. If the court finds during the
sentencing hearing | ||
conducted under Section 5-4-1 that a woman convicted
of a | ||
felony meets the eligibility requirements of the sheriff's
| ||
residential and transition treatment program for women, the | ||
court may
refer the offender to the sheriff's residential and | ||
transition
treatment program for women for consideration as a |
participant as an
alternative to incarceration in the | ||
penitentiary. The sheriff shall be
responsible for supervising | ||
all women who are placed in the residential
and transition | ||
treatment program for women for the 12-month period. In
the | ||
event that the woman is not accepted for placement in the | ||
sheriff's
residential and transition treatment program for | ||
women, the court shall
proceed to sentence the woman to any | ||
other disposition authorized by
this Code. If the woman does | ||
not successfully complete the residential
and transition | ||
treatment program for women, the woman's failure to do
so | ||
shall constitute a violation of the sentence to the | ||
residential and
transition treatment program for women.
| ||
(c) In order to be eligible to be a participant in the | ||
pilot
residential and transition treatment program for women, | ||
the participant
shall meet all of the following conditions:
| ||
(1) The woman has not been convicted of a violent | ||
crime as
defined in subsection (c) of Section 3 of the | ||
Rights of Crime
Victims and Witnesses Act, a Class X | ||
felony, first or second
degree murder, armed violence, | ||
aggravated kidnapping,
criminal sexual assault, aggravated | ||
criminal sexual
abuse or a subsequent conviction for | ||
criminal sexual abuse,
forcible detention, or arson and | ||
has not been previously
convicted of any of those | ||
offenses.
| ||
(2) The woman must undergo an initial assessment | ||
evaluation
to determine the treatment and program plan.
|
(3) The woman was recommended and accepted for | ||
placement in
the pilot residential and transition | ||
treatment program for
women by the Department of | ||
Corrections and has consented in writing to
participation | ||
in the program under the terms and conditions
of the | ||
program. The Department of Corrections may consider | ||
whether space is
available.
| ||
(d) The program may include a substance abuse treatment | ||
program
designed for women offenders, mental health, trauma, | ||
and medical
treatment; parenting skills and family | ||
relationship counseling, preparation for
a State of Illinois | ||
High School Diploma high school equivalency or vocational | ||
certificate; life skills program; job readiness and job
skill | ||
training, and a community transition development plan.
| ||
(e) With the approval of the Department of Corrections, | ||
the sheriff shall
issue requirements for the program and
| ||
inform the participants who shall sign an agreement to adhere | ||
to all
rules and all requirements for the pilot residential | ||
and transition
treatment program.
| ||
(f) Participation in the pilot residential and transition
| ||
treatment program for women shall be for a period not to exceed | ||
12
months. The period may not be reduced by accumulation of | ||
good time.
| ||
(g) If the woman successfully completes the pilot | ||
residential
and transition treatment program for women, the | ||
sheriff shall notify
the Department of Corrections, the court, |
and
the State's
Attorney of the county of the woman's | ||
successful completion.
| ||
(h) A woman may be removed from the pilot residential and
| ||
transition treatment program for women for violation of the | ||
terms and
conditions of the program or in the event she is | ||
unable to participate.
The failure to complete the program | ||
shall be deemed a violation of the
conditions of the program. | ||
The sheriff shall give notice to the Department of
| ||
Corrections, the court, and the
State's Attorney of the | ||
woman's failure to complete the program.
The
Department of | ||
Corrections or its designee shall file a petition alleging | ||
that
the woman has violated the
conditions of the program with | ||
the court. The State's Attorney may
proceed on the petition | ||
under Section 5-4-1 of this Code.
| ||
(i) The conditions of the pilot residential and transition | ||
treatment
program for women shall include that the woman while | ||
in the program:
| ||
(1) not violate any criminal statute of any | ||
jurisdiction;
| ||
(2) report or appear in person before any person or
| ||
agency as directed by the court, the sheriff, or | ||
Department of Corrections;
| ||
(3) refrain from possessing a firearm or other | ||
dangerous
weapon;
| ||
(4) consent to drug testing;
| ||
(5) not leave the State without the consent of the |
court or,
in circumstances in which reason for the absence | ||
is of such an
emergency nature that prior consent by the | ||
court is not possible,
without prior notification and | ||
approval of the Department of Corrections;
| ||
(6) upon placement in the program, must agree to | ||
follow all
requirements of the program.
| ||
(j) The Department of Corrections or the sheriff may | ||
terminate the program
at any time by mutual agreement or with | ||
30 days prior written notice by either
the Department of | ||
Corrections or the sheriff.
| ||
(k) The Department of Corrections may enter into a joint | ||
contract with a
county with more than 3,000,000 inhabitants to | ||
establish and operate a pilot
residential and treatment | ||
program for women.
| ||
(l) The Director
of the Department of Corrections shall | ||
have the authority to develop rules to
establish and operate a | ||
pilot residential and treatment program for women that
shall | ||
include criteria for selection of the participants of the | ||
program in
conjunction and approval by the sentencing court. | ||
Violent crime offenders are
not eligible to participate in the | ||
program.
| ||
(m) The Department shall report to the Governor and the | ||
General Assembly
before September 30th of each year on the | ||
pilot residential and treatment
program for women, including | ||
the composition of the program by offenders,
sentence, age, | ||
offense, and race. Reporting is only required if the pilot |
residential and treatment program for women is operational.
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(n) The Department of Corrections or the sheriff may | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
terminate the program
with 30 days prior written notice.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(o) A county with more than 3,000,000 inhabitants is | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
authorized to apply
for funding from federal, local or private | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
entities to create a Residential
and Treatment Program for | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Women. This sentencing option may not go into
effect until the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
funding is secured for the program and the program has been
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
established.
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(Source: P.A. 97-800, eff. 7-13-12; 98-718, eff. 1-1-15 .)
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