103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3482

 

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

 

SYNOPSIS AS INTRODUCED:
 
See Index

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


LRB103 38721 RLC 68858 b

 

 

A BILL FOR

 

SB3482LRB103 38721 RLC 68858 b

1    AN ACT concerning voting rights.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Administrative Procedure Act is
5amended by adding Section 5-45.34 as follows:
 
6    (5 ILCS 100/5-45.34 new)
7    Sec. 5-45.34. Emergency rulemaking. To provide for the
8expeditious and timely implementation of the changes made to
9the Election Code and the Unified Code of Corrections by this
10amendatory Act of the 104th General Assembly, emergency rules
11implementing those changes may be adopted in accordance with
12Section 5-45 by the State Board of Elections, except that the
1324-month limitation on the adoption of emergency rules and the
14provisions of Sections 5-115 and 5-125 do not apply to rules
15adopted under this Section. The adoption of emergency rules
16authorized by Section 5-45 and this Section is deemed to be
17necessary for the public interest, safety, and welfare.
18    This Section is repealed one year after the effective date
19of this amendatory Act of the 103rd General Assembly.
 
20    Section 10. The Election Code is amended by changing
21Sections 3-5 and 19-2.5 and by adding Sections 1-26, 1-27, and
221-28 as follows:
 

 

 

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1    (10 ILCS 5/1-26 new)
2    Sec. 1-26. Post-conviction voting.
3    (a) As used in this Section, "correctional institution"
4means any place used to house persons under State supervision,
5including, but not limited to, State, federal, or juvenile
6facilities, adult transition centers, halfway houses, and
7other reentry or rehabilitation programs.
8    (b) Beginning on January 1, 2025, a person convicted of a
9felony, or otherwise under sentence in a correctional
10institution, shall have his or her right to vote restored and
11shall be eligible to vote not later than 14 days following his
12or her conviction. A person who is serving a sentence in a
13correctional institution starting prior to January 1, 2025
14shall have his or her right to vote restored not later than
15January 14, 2025. Persons under any form of state supervision
16or custody who are disqualified from voting shall have their
17right to vote restored under this Section, including, but not
18limited to: persons incarcerated in State, federal, or
19juvenile facilities; persons on probation or parole; persons
20on mandatory supervised release; persons on work release;
21persons on furlough; persons released on electronic
22monitoring; persons housed in adult transition centers,
23halfway houses, or other reentry or rehabilitation programs;
24and persons owing court fines or fees. A Person may not be
25denied the right to vote because of a past criminal

 

 

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1conviction.
2    (c) Each local election authority shall coordinate with
3the correctional institution, Illinois Department of
4Corrections, and other correctional agencies incarcerating
5eligible voters to facilitate voting by mail for those voters
6eligible to vote in that election jurisdiction who are
7incarcerated in the correctional institution.
8    (d) All requirements of the federal Voting Rights Act of
91965, including Sections 203 and 208, State and local language
10access requirements, and the federal Americans with
11Disabilities Act and State and local disability access
12requirements shall also apply to voting under this Section.
13The correctional institution shall make available to persons
14in its custody voter registration applications, vote by mail
15ballot applications, vote by mail ballots received at the
16institution from the local election authority, and other
17election materials in the languages provided by the State
18Board of Elections and local election authorities.
19    (e) The correctional institution shall make available to a
20person in its custody current election resource material,
21maintained by the State Board of Elections, containing
22detailed information regarding the voting rights of a person
23with a criminal conviction in the following formats: (1) in
24print; (2) on the correctional institution's website; and (3)
25in a visible location on the premises of each correctional
26institution where notices are customarily posted. The

 

 

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1correctional institution shall also make available to a person
2in its custody current election resource material from a local
3election authority that is requested by that person in its
4custody and received at the correctional institution from the
5local election authority in response to that person's request.
6The correctional institution shall provide resource materials
7to a person in its custody upon intake and release of the
8person on parole, mandatory supervised release, final
9discharge, or pardon from the correctional institution.
10    (f) On or before December 31, 2025, and on or before
11December 31 of each year thereafter, the State Board of
12Elections, in coordination and cooperation with correctional
13institutions and local election authorities, shall prepare a
14report containing data concerning compliance with this
15Section, including the number of voter registrations, vote by
16mail ballot applications, vote by mail ballots received, and
17election resource materials delivered. Data shall be
18disaggregated by institution and other factors.
19    (g) A person who has left the person's residence as part of
20the person's confinement in a correctional institution and who
21has not established another residence for voter registration
22purposes may not be considered to have changed or lost
23residence. The person may register to vote at the address of
24the person's last place of residence before the person's
25confinement in a correctional institution.
26    (h) The provisions of this Section apply to all elections

 

 

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1beginning in 2025.
2    (i) The State Board of Elections may adopt rules,
3including emergency rules, to implement the provisions of this
4Section.
 
5    (10 ILCS 5/1-27 new)
6    Sec. 1-27. Civil actions.
The Attorney General, any
7individual aggrieved by a violation of Section 1-26, any
8entity whose membership includes individuals aggrieved by a
9violation of Section 1-26, any entity whose mission would be
10frustrated by a violation of Section 1-26, or any entity that
11would expend resources in order to fulfill its mission as a
12result of a violation of Section 1-26 may file an action in a
13court of competent jurisdiction. This Act is intended to
14benefit and protect the rights of individual voters and to
15provide a remedy for infringing on the rights granted under
16this Act.
 
17    (10 ILCS 5/1-28 new)
18    Sec. 1-28. Attorney's fees. Upon motion, a court shall
19award reasonable attorney's fees and costs, including expert
20witness fees and other litigation expenses, to a plaintiff in
21any action brought under Section 1-27:
22        (1) who obtains some or all of the plaintiff's
23    requested relief through a judicial judgment in the
24    plaintiff's favor;

 

 

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1        (2) who obtains some or all of their requested relief
2    through any settlement agreement approved by the court; or
3        (3) whose pursuit of a non-frivolous claim was a
4    catalyst for a unilateral change in position by the
5    opposing party relative to the relief sought. In awarding
6    reasonable attorney's fees, the court shall consider the
7    degree to which the relief obtained relates to the relief
8    sought.
 
9    (10 ILCS 5/3-5)  (from Ch. 46, par. 3-5)
10    Sec. 3-5. Confinement or detention in a jail. No person
11who has been legally convicted, in this or another state or in
12any federal court, of any crime, and is serving a sentence of
13confinement in any penal institution, or who has been
14convicted under any Section of this Code and is serving a
15sentence of confinement in any penal institution, shall vote,
16offer to vote, attempt to vote or be permitted to vote at any
17election until his release from confinement.
18    Confinement for purposes of this Section shall include any
19person convicted and imprisoned but granted a furlough as
20provided by Section 3-11-1 of the Unified Code of Corrections,
21or admitted to a work release program as provided by Section
223-13-2 of the Unified Code of Corrections. Confinement shall
23not include any person convicted and imprisoned but released
24on parole.
25    Confinement or detention in a jail pending acquittal or

 

 

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1conviction of a crime is not a disqualification for voting.
2(Source: P.A. 100-863, eff. 8-14-18.)
 
3    (10 ILCS 5/19-2.5)
4    Sec. 19-2.5. Notice for vote by mail ballot.
5    (a) An election authority shall notify all qualified
6voters, except voters who have applied for permanent vote by
7mail status under subsection (b) of Section 19-3 or voters who
8submit a written request to be excluded from the permanent
9vote by mail status, not more than 90 days nor less than 45
10days before a general election of the option for permanent
11vote by mail status using the following notice and including
12the application for permanent vote by mail status in
13subsection (b) of Section 19-3:
14    "You may apply to permanently be placed on vote by mail
15status using the attached application.".
16    (b) A person completing a voter registration application
17or submitting a change of address shall be notified of the
18option to receive a vote by mail ballot. Upon request of the
19person, the voter registration application or change of
20address form shall serve as an application to receive an
21official vote by mail ballot, and the individual need not
22complete a separate vote by mail application. An elector who
23is a resident of a location covered by Section 203 of the
24federal Voting Rights Act of 1965 or local language access
25requirements must be offered a voter registration application

 

 

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1in a language of the applicable minority group and must be able
2to request a vote by mail ballot in the language of the
3applicable minority group. Upon processing the voter
4registration application and accepting the application without
5rejection, the election authority shall provide the individual
6with an official vote by mail ballot for the next occurring
7election.
8(Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21;
9103-467, eff. 8-4-23.)
 
10    Section 15. The Unified Code of Corrections is amended by
11changing Sections 3-6-3, 3-14-1, and 5-5-5 and by adding
12Sections 5-5-11 and 5-5-12 as follows:
 
13    (730 ILCS 5/3-6-3)
14    Sec. 3-6-3. Rules and regulations for sentence credit.
15    (a)(1) The Department of Corrections shall prescribe rules
16and regulations for awarding and revoking sentence credit for
17persons committed to the Department of Corrections and the
18Department of Juvenile Justice shall prescribe rules and
19regulations for awarding and revoking sentence credit for
20persons committed to the Department of Juvenile Justice under
21Section 5-8-6 of the Unified Code of Corrections, which shall
22be subject to review by the Prisoner Review Board.
23    (1.5) As otherwise provided by law, sentence credit may be
24awarded for the following:

 

 

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1        (A) successful completion of programming while in
2    custody of the Department of Corrections or the Department
3    of Juvenile Justice or while in custody prior to
4    sentencing;
5        (B) compliance with the rules and regulations of the
6    Department; or
7        (C) service to the institution, service to a
8    community, or service to the State.
9    (2) Except as provided in paragraph (4.7) of this
10subsection (a), the rules and regulations on sentence credit
11shall provide, with respect to offenses listed in clause (i),
12(ii), or (iii) of this paragraph (2) committed on or after June
1319, 1998 or with respect to the offense listed in clause (iv)
14of this paragraph (2) committed on or after June 23, 2005 (the
15effective date of Public Act 94-71) or with respect to offense
16listed in clause (vi) committed on or after June 1, 2008 (the
17effective date of Public Act 95-625) or with respect to the
18offense of being an armed habitual criminal committed on or
19after August 2, 2005 (the effective date of Public Act 94-398)
20or with respect to the offenses listed in clause (v) of this
21paragraph (2) committed on or after August 13, 2007 (the
22effective date of Public Act 95-134) or with respect to the
23offense of aggravated domestic battery committed on or after
24July 23, 2010 (the effective date of Public Act 96-1224) or
25with respect to the offense of attempt to commit terrorism
26committed on or after January 1, 2013 (the effective date of

 

 

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1Public Act 97-990), the following:
2        (i) that a prisoner who is serving a term of
3    imprisonment for first degree murder or for the offense of
4    terrorism shall receive no sentence credit and shall serve
5    the entire sentence imposed by the court;
6        (ii) that a prisoner serving a sentence for attempt to
7    commit terrorism, attempt to commit first degree murder,
8    solicitation of murder, solicitation of murder for hire,
9    intentional homicide of an unborn child, predatory
10    criminal sexual assault of a child, aggravated criminal
11    sexual assault, criminal sexual assault, aggravated
12    kidnapping, aggravated battery with a firearm as described
13    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
14    or (e)(4) of Section 12-3.05, heinous battery as described
15    in Section 12-4.1 or subdivision (a)(2) of Section
16    12-3.05, being an armed habitual criminal, aggravated
17    battery of a senior citizen as described in Section 12-4.6
18    or subdivision (a)(4) of Section 12-3.05, or aggravated
19    battery of a child as described in Section 12-4.3 or
20    subdivision (b)(1) of Section 12-3.05 shall receive no
21    more than 4.5 days of sentence credit for each month of his
22    or her sentence of imprisonment;
23        (iii) that a prisoner serving a sentence for home
24    invasion, armed robbery, aggravated vehicular hijacking,
25    aggravated discharge of a firearm, or armed violence with
26    a category I weapon or category II weapon, when the court

 

 

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1    has made and entered a finding, pursuant to subsection
2    (c-1) of Section 5-4-1 of this Code, that the conduct
3    leading to conviction for the enumerated offense resulted
4    in great bodily harm to a victim, shall receive no more
5    than 4.5 days of sentence credit for each month of his or
6    her sentence of imprisonment;
7        (iv) that a prisoner serving a sentence for aggravated
8    discharge of a firearm, whether or not the conduct leading
9    to conviction for the offense resulted in great bodily
10    harm to the victim, shall receive no more than 4.5 days of
11    sentence credit for each month of his or her sentence of
12    imprisonment;
13        (v) that a person serving a sentence for gunrunning,
14    narcotics racketeering, controlled substance trafficking,
15    methamphetamine trafficking, drug-induced homicide,
16    aggravated methamphetamine-related child endangerment,
17    money laundering pursuant to clause (c) (4) or (5) of
18    Section 29B-1 of the Criminal Code of 1961 or the Criminal
19    Code of 2012, or a Class X felony conviction for delivery
20    of a controlled substance, possession of a controlled
21    substance with intent to manufacture or deliver,
22    calculated criminal drug conspiracy, criminal drug
23    conspiracy, street gang criminal drug conspiracy,
24    participation in methamphetamine manufacturing,
25    aggravated participation in methamphetamine
26    manufacturing, delivery of methamphetamine, possession

 

 

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1    with intent to deliver methamphetamine, aggravated
2    delivery of methamphetamine, aggravated possession with
3    intent to deliver methamphetamine, methamphetamine
4    conspiracy when the substance containing the controlled
5    substance or methamphetamine is 100 grams or more shall
6    receive no more than 7.5 days sentence credit for each
7    month of his or her sentence of imprisonment;
8        (vi) that a prisoner serving a sentence for a second
9    or subsequent offense of luring a minor shall receive no
10    more than 4.5 days of sentence credit for each month of his
11    or her sentence of imprisonment; and
12        (vii) that a prisoner serving a sentence for
13    aggravated domestic battery shall receive no more than 4.5
14    days of sentence credit for each month of his or her
15    sentence of imprisonment.
16    (2.1) For all offenses, other than those enumerated in
17subdivision (a)(2)(i), (ii), or (iii) committed on or after
18June 19, 1998 or subdivision (a)(2)(iv) committed on or after
19June 23, 2005 (the effective date of Public Act 94-71) or
20subdivision (a)(2)(v) committed on or after August 13, 2007
21(the effective date of Public Act 95-134) or subdivision
22(a)(2)(vi) committed on or after June 1, 2008 (the effective
23date of Public Act 95-625) or subdivision (a)(2)(vii)
24committed on or after July 23, 2010 (the effective date of
25Public Act 96-1224), and other than the offense of aggravated
26driving under the influence of alcohol, other drug or drugs,

 

 

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1or intoxicating compound or compounds, or any combination
2thereof as defined in subparagraph (F) of paragraph (1) of
3subsection (d) of Section 11-501 of the Illinois Vehicle Code,
4and other than the offense of aggravated driving under the
5influence of alcohol, other drug or drugs, or intoxicating
6compound or compounds, or any combination thereof as defined
7in subparagraph (C) of paragraph (1) of subsection (d) of
8Section 11-501 of the Illinois Vehicle Code committed on or
9after January 1, 2011 (the effective date of Public Act
1096-1230), the rules and regulations shall provide that a
11prisoner who is serving a term of imprisonment shall receive
12one day of sentence credit for each day of his or her sentence
13of imprisonment or recommitment under Section 3-3-9. Each day
14of sentence credit shall reduce by one day the prisoner's
15period of imprisonment or recommitment under Section 3-3-9.
16    (2.2) A prisoner serving a term of natural life
17imprisonment shall receive no sentence credit.
18    (2.3) Except as provided in paragraph (4.7) of this
19subsection (a), the rules and regulations on sentence credit
20shall provide that a prisoner who is serving a sentence for
21aggravated driving under the influence of alcohol, other drug
22or drugs, or intoxicating compound or compounds, or any
23combination thereof as defined in subparagraph (F) of
24paragraph (1) of subsection (d) of Section 11-501 of the
25Illinois Vehicle Code, shall receive no more than 4.5 days of
26sentence credit for each month of his or her sentence of

 

 

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1imprisonment.
2    (2.4) Except as provided in paragraph (4.7) of this
3subsection (a), the rules and regulations on sentence credit
4shall provide with respect to the offenses of aggravated
5battery with a machine gun or a firearm equipped with any
6device or attachment designed or used for silencing the report
7of a firearm or aggravated discharge of a machine gun or a
8firearm equipped with any device or attachment designed or
9used for silencing the report of a firearm, committed on or
10after July 15, 1999 (the effective date of Public Act 91-121),
11that a prisoner serving a sentence for any of these offenses
12shall receive no more than 4.5 days of sentence credit for each
13month of his or her sentence of imprisonment.
14    (2.5) Except as provided in paragraph (4.7) of this
15subsection (a), the rules and regulations on sentence credit
16shall provide that a prisoner who is serving a sentence for
17aggravated arson committed on or after July 27, 2001 (the
18effective date of Public Act 92-176) shall receive no more
19than 4.5 days of sentence credit for each month of his or her
20sentence of imprisonment.
21    (2.6) Except as provided in paragraph (4.7) of this
22subsection (a), the rules and regulations on sentence credit
23shall provide that a prisoner who is serving a sentence for
24aggravated driving under the influence of alcohol, other drug
25or drugs, or intoxicating compound or compounds or any
26combination thereof as defined in subparagraph (C) of

 

 

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1paragraph (1) of subsection (d) of Section 11-501 of the
2Illinois Vehicle Code committed on or after January 1, 2011
3(the effective date of Public Act 96-1230) shall receive no
4more than 4.5 days of sentence credit for each month of his or
5her sentence of imprisonment.
6    (3) In addition to the sentence credits earned under
7paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
8subsection (a), the rules and regulations shall also provide
9that the Director of Corrections or the Director of Juvenile
10Justice may award up to 180 days of earned sentence credit for
11prisoners serving a sentence of incarceration of less than 5
12years, and up to 365 days of earned sentence credit for
13prisoners serving a sentence of 5 years or longer. The
14Director may grant this credit for good conduct in specific
15instances as either Director deems proper for eligible persons
16in the custody of each Director's respective Department. The
17good conduct may include, but is not limited to, compliance
18with the rules and regulations of the Department, service to
19the Department, service to a community, or service to the
20State.
21    Eligible inmates for an award of earned sentence credit
22under this paragraph (3) may be selected to receive the credit
23at either Director's or his or her designee's sole discretion.
24Eligibility for the additional earned sentence credit under
25this paragraph (3) may be based on, but is not limited to,
26participation in programming offered by the Department as

 

 

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1appropriate for the prisoner based on the results of any
2available risk/needs assessment or other relevant assessments
3or evaluations administered by the Department using a
4validated instrument, the circumstances of the crime,
5demonstrated commitment to rehabilitation by a prisoner with a
6history of conviction for a forcible felony enumerated in
7Section 2-8 of the Criminal Code of 2012, the inmate's
8behavior and improvements in disciplinary history while
9incarcerated, and the inmate's commitment to rehabilitation,
10including participation in programming offered by the
11Department.
12    The Director of Corrections or the Director of Juvenile
13Justice shall not award sentence credit under this paragraph
14(3) to an inmate unless the inmate has served a minimum of 60
15days of the sentence, including time served in a county jail;
16except nothing in this paragraph shall be construed to permit
17either Director to extend an inmate's sentence beyond that
18which was imposed by the court. Prior to awarding credit under
19this paragraph (3), each Director shall make a written
20determination that the inmate:
21        (A) is eligible for the earned sentence credit;
22        (B) has served a minimum of 60 days, or as close to 60
23    days as the sentence will allow;
24        (B-1) has received a risk/needs assessment or other
25    relevant evaluation or assessment administered by the
26    Department using a validated instrument; and

 

 

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1        (C) has met the eligibility criteria established by
2    rule for earned sentence credit.
3    The Director of Corrections or the Director of Juvenile
4Justice shall determine the form and content of the written
5determination required in this subsection.
6    (3.5) The Department shall provide annual written reports
7to the Governor and the General Assembly on the award of earned
8sentence credit no later than February 1 of each year. The
9Department must publish both reports on its website within 48
10hours of transmitting the reports to the Governor and the
11General Assembly. The reports must include:
12        (A) the number of inmates awarded earned sentence
13    credit;
14        (B) the average amount of earned sentence credit
15    awarded;
16        (C) the holding offenses of inmates awarded earned
17    sentence credit; and
18        (D) the number of earned sentence credit revocations.
19    (4)(A) Except as provided in paragraph (4.7) of this
20subsection (a), the rules and regulations shall also provide
21that any prisoner who is engaged full-time in any full-time
22substance abuse programs, correctional industry assignments,
23educational programs (including without limitation peer-led
24programs for both the peer-educators and program
25participants), work-release programs or activities in
26accordance with Article 13 of Chapter III of this Code,

 

 

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1behavior modification programs, life skills courses, or
2re-entry planning provided by the Department under this
3paragraph (4) and satisfactorily completes the assigned
4program as determined by the standards of the Department,
5shall receive one day of sentence credit for each day in which
6that prisoner is engaged in the activities described in this
7paragraph. The rules and regulations shall also provide that
8sentence credit may be provided to an inmate who was held in
9pre-trial detention prior to his or her current commitment to
10the Department of Corrections and successfully completed a
11full-time, 60-day or longer substance abuse program,
12educational program, behavior modification program, life
13skills course, or re-entry planning provided by the county
14department of corrections or county jail. Calculation of this
15county program credit shall be done at sentencing as provided
16in Section 5-4.5-100 of this Code and shall be included in the
17sentencing order. The rules and regulations shall also provide
18that sentence credit may be provided to an inmate who is in
19compliance with programming requirements in an adult
20transition center.
21    (B) The Department shall award sentence credit under this
22paragraph (4) accumulated prior to January 1, 2020 (the
23effective date of Public Act 101-440) in an amount specified
24in subparagraph (C) of this paragraph (4) to an inmate serving
25a sentence for an offense committed prior to June 19, 1998, if
26the Department determines that the inmate is entitled to this

 

 

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1sentence credit, based upon:
2        (i) documentation provided by the Department that the
3    inmate engaged in any full-time substance abuse programs,
4    correctional industry assignments, educational programs
5    (including without limitation peer-led programs for both
6    the peer-educators and program participants), behavior
7    modification programs, life skills courses, or re-entry
8    planning provided by the Department under this paragraph
9    (4) and satisfactorily completed the assigned program as
10    determined by the standards of the Department during the
11    inmate's current term of incarceration; or
12        (ii) the inmate's own testimony in the form of an
13    affidavit or documentation, or a third party's
14    documentation or testimony in the form of an affidavit
15    that the inmate likely engaged in any full-time substance
16    abuse programs, correctional industry assignments,
17    educational programs (including without limitation
18    peer-led programs for both the peer-educators and program
19    participants), behavior modification programs, life skills
20    courses, or re-entry planning provided by the Department
21    under paragraph (4) and satisfactorily completed the
22    assigned program as determined by the standards of the
23    Department during the inmate's current term of
24    incarceration.
25    (C) If the inmate can provide documentation that he or she
26is entitled to sentence credit under subparagraph (B) in

 

 

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1excess of 45 days of participation in those programs, the
2inmate shall receive 90 days of sentence credit. If the inmate
3cannot provide documentation of more than 45 days of
4participation in those programs, the inmate shall receive 45
5days of sentence credit. In the event of a disagreement
6between the Department and the inmate as to the amount of
7credit accumulated under subparagraph (B), if the Department
8provides documented proof of a lesser amount of days of
9participation in those programs, that proof shall control. If
10the Department provides no documentary proof, the inmate's
11proof as set forth in clause (ii) of subparagraph (B) shall
12control as to the amount of sentence credit provided.
13    (D) If the inmate has been convicted of a sex offense as
14defined in Section 2 of the Sex Offender Registration Act,
15sentencing credits under subparagraph (B) of this paragraph
16(4) shall be awarded by the Department only if the conditions
17set forth in paragraph (4.6) of subsection (a) are satisfied.
18No inmate serving a term of natural life imprisonment shall
19receive sentence credit under subparagraph (B) of this
20paragraph (4).
21    (E) The rules and regulations shall provide for the
22recalculation of program credits awarded pursuant to this
23paragraph (4) prior to July 1, 2021 (the effective date of
24Public Act 101-652) at the rate set for such credits on and
25after July 1, 2021.
26    Educational, vocational, substance abuse, behavior

 

 

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

 

 

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

 

 

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1detention prior to the current commitment to the Department of
2Corrections. Except as provided in paragraph (4.7) of this
3subsection (a), the rules and regulations shall provide that
4an additional 120 days of sentence credit shall be awarded to
5any prisoner who obtains an associate degree while the
6prisoner is committed to the Department of Corrections,
7regardless of the date that the associate degree was obtained,
8including if prior to July 1, 2021 (the effective date of
9Public Act 101-652). The sentence credit awarded under this
10paragraph (4.1) shall be in addition to, and shall not affect,
11the award of sentence credit under any other paragraph of this
12Section, but shall also be under the guidelines and
13restrictions set forth in paragraph (4) of subsection (a) of
14this Section. The sentence credit provided for in this
15paragraph (4.1) shall be available only to those prisoners who
16have not previously earned an associate degree prior to the
17current commitment to the Department of Corrections. If, after
18an award of the associate degree sentence credit has been made
19and the Department determines that the prisoner was not
20eligible, then the award shall be revoked. The Department may
21also award 120 days of sentence credit to any committed person
22who earned an associate degree while he or she was held in
23pre-trial detention prior to the current commitment to the
24Department of Corrections.
25    Except as provided in paragraph (4.7) of this subsection
26(a), the rules and regulations shall provide that an

 

 

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

 

 

SB3482- 25 -LRB103 38721 RLC 68858 b

1also be under the guidelines and restrictions set forth in
2paragraph (4) of this subsection (a). The sentence credit
3provided for in this paragraph shall be available only to
4those prisoners who have not previously earned a master's or
5professional degree prior to the current commitment to the
6Department of Corrections. If, after an award of the master's
7or professional degree sentence credit has been made, the
8Department determines that the prisoner was not eligible, then
9the award shall be revoked. The Department may also award 180
10days of sentence credit to any committed person who earned a
11master's or professional degree while he or she was held in
12pre-trial detention prior to the current commitment to the
13Department of Corrections.
14    (4.2)(A) The rules and regulations shall also provide that
15any prisoner engaged in self-improvement programs, volunteer
16work, or work assignments that are not otherwise eligible
17activities under paragraph (4), shall receive up to 0.5 days
18of sentence credit for each day in which the prisoner is
19engaged in activities described in this paragraph.
20    (B) The rules and regulations shall provide for the award
21of sentence credit under this paragraph (4.2) for qualifying
22days of engagement in eligible activities occurring prior to
23July 1, 2021 (the effective date of Public Act 101-652).
24    (4.5) The rules and regulations on sentence credit shall
25also provide that when the court's sentencing order recommends
26a prisoner for substance abuse treatment and the crime was

 

 

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1committed on or after September 1, 2003 (the effective date of
2Public Act 93-354), the prisoner shall receive no sentence
3credit awarded under clause (3) of this subsection (a) unless
4he or she participates in and completes a substance abuse
5treatment program. The Director of Corrections may waive the
6requirement to participate in or complete a substance abuse
7treatment program in specific instances if the prisoner is not
8a good candidate for a substance abuse treatment program for
9medical, programming, or operational reasons. Availability of
10substance abuse treatment shall be subject to the limits of
11fiscal resources appropriated by the General Assembly for
12these purposes. If treatment is not available and the
13requirement to participate and complete the treatment has not
14been waived by the Director, the prisoner shall be placed on a
15waiting list under criteria established by the Department. The
16Director may allow a prisoner placed on a waiting list to
17participate in and complete a substance abuse education class
18or attend substance abuse self-help meetings in lieu of a
19substance abuse treatment program. A prisoner on a waiting
20list who is not placed in a substance abuse program prior to
21release may be eligible for a waiver and receive sentence
22credit under clause (3) of this subsection (a) at the
23discretion of the Director.
24    (4.6) The rules and regulations on sentence credit shall
25also provide that a prisoner who has been convicted of a sex
26offense as defined in Section 2 of the Sex Offender

 

 

SB3482- 27 -LRB103 38721 RLC 68858 b

1Registration Act shall receive no sentence credit unless he or
2she either has successfully completed or is participating in
3sex offender treatment as defined by the Sex Offender
4Management Board. However, prisoners who are waiting to
5receive treatment, but who are unable to do so due solely to
6the lack of resources on the part of the Department, may, at
7either Director's sole discretion, be awarded sentence credit
8at a rate as the Director shall determine.
9    (4.7) On or after January 1, 2018 (the effective date of
10Public Act 100-3), sentence credit under paragraph (3), (4),
11or (4.1) of this subsection (a) may be awarded to a prisoner
12who is serving a sentence for an offense described in
13paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
14on or after January 1, 2018 (the effective date of Public Act
15100-3); provided, the award of the credits under this
16paragraph (4.7) shall not reduce the sentence of the prisoner
17to less than the following amounts:
18        (i) 85% of his or her sentence if the prisoner is
19    required to serve 85% of his or her sentence; or
20        (ii) 60% of his or her sentence if the prisoner is
21    required to serve 75% of his or her sentence, except if the
22    prisoner is serving a sentence for gunrunning his or her
23    sentence shall not be reduced to less than 75%.
24        (iii) 100% of his or her sentence if the prisoner is
25    required to serve 100% of his or her sentence.
26    (5) Whenever the Department is to release any inmate

 

 

SB3482- 28 -LRB103 38721 RLC 68858 b

1earlier than it otherwise would because of a grant of earned
2sentence credit under paragraph (3) of subsection (a) of this
3Section given at any time during the term, the Department
4shall give reasonable notice of the impending release not less
5than 14 days prior to the date of the release to the State's
6Attorney of the county where the prosecution of the inmate
7took place, and if applicable, the State's Attorney of the
8county into which the inmate will be released. The Department
9must also make identification information and a recent photo
10of the inmate being released accessible on the Internet by
11means of a hyperlink labeled "Community Notification of Inmate
12Early Release" on the Department's World Wide Web homepage.
13The identification information shall include the inmate's:
14name, any known alias, date of birth, physical
15characteristics, commitment offense, and county where
16conviction was imposed. The identification information shall
17be placed on the website within 3 days of the inmate's release
18and the information may not be removed until either:
19completion of the first year of mandatory supervised release
20or return of the inmate to custody of the Department.
21    (b) Whenever a person is or has been committed under
22several convictions, with separate sentences, the sentences
23shall be construed under Section 5-8-4 in granting and
24forfeiting of sentence credit.
25    (c) (1) The Department shall prescribe rules and
26regulations for revoking sentence credit, including revoking

 

 

SB3482- 29 -LRB103 38721 RLC 68858 b

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

 

 

SB3482- 30 -LRB103 38721 RLC 68858 b

1the loss of 30 days of sentence credit within any calendar year
2for any prisoner or to increase any penalty beyond the length
3requested by the Department.
4    (3) The Director of Corrections or the Director of
5Juvenile Justice, in appropriate cases, may restore sentence
6credits which have been revoked, suspended, or reduced. The
7Department shall prescribe rules and regulations governing the
8restoration of sentence credits. These rules and regulations
9shall provide for the automatic restoration of sentence
10credits following a period in which the prisoner maintains a
11record without a disciplinary violation.
12    Nothing contained in this Section shall prohibit the
13Prisoner Review Board from ordering, pursuant to Section
143-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
15sentence imposed by the court that was not served due to the
16accumulation of sentence credit.
17    (d) If a lawsuit is filed by a prisoner in an Illinois or
18federal court against the State, the Department of
19Corrections, or the Prisoner Review Board, or against any of
20their officers or employees, and the court makes a specific
21finding that a pleading, motion, or other paper filed by the
22prisoner is frivolous, the Department of Corrections shall
23conduct a hearing to revoke up to 180 days of sentence credit
24by bringing charges against the prisoner sought to be deprived
25of the sentence credits before the Prisoner Review Board as
26provided in subparagraph (a)(8) of Section 3-3-2 of this Code.

 

 

SB3482- 31 -LRB103 38721 RLC 68858 b

1If the prisoner has not accumulated 180 days of sentence
2credit at the time of the finding, then the Prisoner Review
3Board may revoke all sentence credit accumulated by the
4prisoner.
5    For purposes of this subsection (d):
6        (1) "Frivolous" means that a pleading, motion, or
7    other filing which purports to be a legal document filed
8    by a prisoner in his or her lawsuit meets any or all of the
9    following criteria:
10            (A) it lacks an arguable basis either in law or in
11        fact;
12            (B) it is being presented for any improper
13        purpose, such as to harass or to cause unnecessary
14        delay or needless increase in the cost of litigation;
15            (C) the claims, defenses, and other legal
16        contentions therein are not warranted by existing law
17        or by a nonfrivolous argument for the extension,
18        modification, or reversal of existing law or the
19        establishment of new law;
20            (D) the allegations and other factual contentions
21        do not have evidentiary support or, if specifically so
22        identified, are not likely to have evidentiary support
23        after a reasonable opportunity for further
24        investigation or discovery; or
25            (E) the denials of factual contentions are not
26        warranted on the evidence, or if specifically so

 

 

SB3482- 32 -LRB103 38721 RLC 68858 b

1        identified, are not reasonably based on a lack of
2        information or belief.
3        (2) "Lawsuit" means a motion pursuant to Section 116-3
4    of the Code of Criminal Procedure of 1963, a habeas corpus
5    action under Article X of the Code of Civil Procedure or
6    under federal law (28 U.S.C. 2254), a petition for claim
7    under the Court of Claims Act, an action under the federal
8    Civil Rights Act (42 U.S.C. 1983), or a second or
9    subsequent petition for post-conviction relief under
10    Article 122 of the Code of Criminal Procedure of 1963
11    whether filed with or without leave of court or a second or
12    subsequent petition for relief from judgment under Section
13    2-1401 of the Code of Civil Procedure.
14    (e) Nothing in Public Act 90-592 or 90-593 affects the
15validity of Public Act 89-404.
16    (f) Whenever the Department is to release any inmate who
17has been convicted of a violation of an order of protection
18under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
19the Criminal Code of 2012, earlier than it otherwise would
20because of a grant of sentence credit, the Department, as a
21condition of release, shall require that the person, upon
22release, be placed under electronic surveillance as provided
23in Section 5-8A-7 of this Code.
24(Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21;
25102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff.
261-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; revised

 

 

SB3482- 33 -LRB103 38721 RLC 68858 b

112-15-23.)
 
2    (730 ILCS 5/3-14-1)  (from Ch. 38, par. 1003-14-1)
3    Sec. 3-14-1. Release from the institution.
4    (a) Upon release of a person on parole, mandatory release,
5final discharge, or pardon, the Department shall return all
6property held for him, provide him with suitable clothing and
7procure necessary transportation for him to his designated
8place of residence and employment. It may provide such person
9with a grant of money for travel and expenses which may be paid
10in installments. The amount of the money grant shall be
11determined by the Department.
12    (a-1) The Department shall, before a wrongfully imprisoned
13person, as defined in Section 3-1-2 of this Code, is
14discharged from the Department, provide him or her with any
15documents necessary after discharge.
16    (a-2) The Department of Corrections may establish and
17maintain, in any institution it administers, revolving funds
18to be known as "Travel and Allowances Revolving Funds". These
19revolving funds shall be used for advancing travel and expense
20allowances to committed, paroled, and discharged prisoners.
21The moneys paid into such revolving funds shall be from
22appropriations to the Department for Committed, Paroled, and
23Discharged Prisoners.
24    (a-3) (Blank). Upon release of a person who is eligible to
25vote on parole, mandatory release, final discharge, or pardon,

 

 

SB3482- 34 -LRB103 38721 RLC 68858 b

1the Department shall provide the person with a form that
2informs him or her that his or her voting rights have been
3restored and a voter registration application. The Department
4shall have available voter registration applications in the
5languages provided by the Illinois State Board of Elections.
6The form that informs the person that his or her rights have
7been restored shall include the following information:
8        (1) All voting rights are restored upon release from
9    the Department's custody.
10        (2) A person who is eligible to vote must register in
11    order to be able to vote.
12    The Department of Corrections shall confirm that the
13person received the voter registration application and has
14been informed that his or her voting rights have been
15restored.
16    (a-4) Prior to release of a person on parole, mandatory
17supervised release, final discharge, or pardon, the Department
18shall screen every person for Medicaid eligibility. Officials
19of the correctional institution or facility where the
20committed person is assigned shall assist an eligible person
21to complete a Medicaid application to ensure that the person
22begins receiving benefits as soon as possible after his or her
23release. The application must include the eligible person's
24address associated with his or her residence upon release from
25the facility. If the residence is temporary, the eligible
26person must notify the Department of Human Services of his or

 

 

SB3482- 35 -LRB103 38721 RLC 68858 b

1her change in address upon transition to permanent housing.
2    (b) (Blank).
3    (c) Except as otherwise provided in this Code, the
4Department shall establish procedures to provide written
5notification of any release of any person who has been
6convicted of a felony to the State's Attorney and sheriff of
7the county from which the offender was committed, and the
8State's Attorney and sheriff of the county into which the
9offender is to be paroled or released. Except as otherwise
10provided in this Code, the Department shall establish
11procedures to provide written notification to the proper law
12enforcement agency for any municipality of any release of any
13person who has been convicted of a felony if the arrest of the
14offender or the commission of the offense took place in the
15municipality, if the offender is to be paroled or released
16into the municipality, or if the offender resided in the
17municipality at the time of the commission of the offense. If a
18person convicted of a felony who is in the custody of the
19Department of Corrections or on parole or mandatory supervised
20release informs the Department that he or she has resided,
21resides, or will reside at an address that is a housing
22facility owned, managed, operated, or leased by a public
23housing agency, the Department must send written notification
24of that information to the public housing agency that owns,
25manages, operates, or leases the housing facility. The written
26notification shall, when possible, be given at least 14 days

 

 

SB3482- 36 -LRB103 38721 RLC 68858 b

1before release of the person from custody, or as soon
2thereafter as possible. The written notification shall be
3provided electronically if the State's Attorney, sheriff,
4proper law enforcement agency, or public housing agency has
5provided the Department with an accurate and up to date email
6address.
7    (c-1) (Blank).
8    (c-2) The Department shall establish procedures to provide
9notice to the Illinois State Police of the release or
10discharge of persons convicted of violations of the
11Methamphetamine Control and Community Protection Act or a
12violation of the Methamphetamine Precursor Control Act. The
13Illinois State Police shall make this information available to
14local, State, or federal law enforcement agencies upon
15request.
16    (c-5) If a person on parole or mandatory supervised
17release becomes a resident of a facility licensed or regulated
18by the Department of Public Health, the Illinois Department of
19Public Aid, or the Illinois Department of Human Services, the
20Department of Corrections shall provide copies of the
21following information to the appropriate licensing or
22regulating Department and the licensed or regulated facility
23where the person becomes a resident:
24        (1) The mittimus and any pre-sentence investigation
25    reports.
26        (2) The social evaluation prepared pursuant to Section

 

 

SB3482- 37 -LRB103 38721 RLC 68858 b

1    3-8-2.
2        (3) Any pre-release evaluation conducted pursuant to
3    subsection (j) of Section 3-6-2.
4        (4) Reports of disciplinary infractions and
5    dispositions.
6        (5) Any parole plan, including orders issued by the
7    Prisoner Review Board, and any violation reports and
8    dispositions.
9        (6) The name and contact information for the assigned
10    parole agent and parole supervisor.
11    This information shall be provided within 3 days of the
12person becoming a resident of the facility.
13    (c-10) If a person on parole or mandatory supervised
14release becomes a resident of a facility licensed or regulated
15by the Department of Public Health, the Illinois Department of
16Public Aid, or the Illinois Department of Human Services, the
17Department of Corrections shall provide written notification
18of such residence to the following:
19        (1) The Prisoner Review Board.
20        (2) The chief of police and sheriff in the
21    municipality and county in which the licensed facility is
22    located.
23    The notification shall be provided within 3 days of the
24person becoming a resident of the facility.
25    (d) Upon the release of a committed person on parole,
26mandatory supervised release, final discharge, or pardon, the

 

 

SB3482- 38 -LRB103 38721 RLC 68858 b

1Department shall provide such person with information
2concerning programs and services of the Illinois Department of
3Public Health to ascertain whether such person has been
4exposed to the human immunodeficiency virus (HIV) or any
5identified causative agent of Acquired Immunodeficiency
6Syndrome (AIDS).
7    (e) Upon the release of a committed person on parole,
8mandatory supervised release, final discharge, pardon, or who
9has been wrongfully imprisoned, the Department shall verify
10the released person's full name, date of birth, and social
11security number. If verification is made by the Department by
12obtaining a certified copy of the released person's birth
13certificate and the released person's social security card or
14other documents authorized by the Secretary, the Department
15shall provide the birth certificate and social security card
16or other documents authorized by the Secretary to the released
17person. If verification by the Department is done by means
18other than obtaining a certified copy of the released person's
19birth certificate and the released person's social security
20card or other documents authorized by the Secretary, the
21Department shall complete a verification form, prescribed by
22the Secretary of State, and shall provide that verification
23form to the released person.
24    (f) Forty-five days prior to the scheduled discharge of a
25person committed to the custody of the Department of
26Corrections, the Department shall give the person:

 

 

SB3482- 39 -LRB103 38721 RLC 68858 b

1        (1) who is otherwise uninsured an opportunity to apply
2    for health care coverage including medical assistance
3    under Article V of the Illinois Public Aid Code in
4    accordance with subsection (b) of Section 1-8.5 of the
5    Illinois Public Aid Code, and the Department of
6    Corrections shall provide assistance with completion of
7    the application for health care coverage including medical
8    assistance;
9        (2) information about obtaining a standard Illinois
10    Identification Card or a limited-term Illinois
11    Identification Card under Section 4 of the Illinois
12    Identification Card Act if the person has not been issued
13    an Illinois Identification Card under subsection (a-20) of
14    Section 4 of the Illinois Identification Card Act;
15        (3) information about voter registration and may
16    distribute information prepared by the State Board of
17    Elections. The Department of Corrections may enter into an
18    interagency contract with the State Board of Elections to
19    participate in the automatic voter registration program
20    and be a designated automatic voter registration agency
21    under Section 1A-16.2 of the Election Code;
22        (4) information about job listings upon discharge from
23    the correctional institution or facility;
24        (5) information about available housing upon discharge
25    from the correctional institution or facility;
26        (6) a directory of elected State officials and of

 

 

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1    officials elected in the county and municipality, if any,
2    in which the committed person intends to reside upon
3    discharge from the correctional institution or facility;
4    and
5        (7) any other information that the Department of
6    Corrections deems necessary to provide the committed
7    person in order for the committed person to reenter the
8    community and avoid recidivism.
9    (g) Sixty days before the scheduled discharge of a person
10committed to the custody of the Department or upon receipt of
11the person's certified birth certificate and social security
12card as set forth in subsection (d) of Section 3-8-1 of this
13Act, whichever occurs later, the Department shall transmit an
14application for an Identification Card to the Secretary of
15State, in accordance with subsection (a-20) of Section 4 of
16the Illinois Identification Card Act.
17    The Department may adopt rules to implement this Section.
18(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
19102-606, eff. 1-1-22; 102-813, eff. 5-13-22; 103-345, eff.
201-1-24.)
 
21    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)
22    Sec. 5-5-5. Loss and restoration of rights.
23    (a) Conviction and disposition shall not entail the loss
24by the defendant of any civil rights, except under this
25Section and Sections 29-6 and 29-10 of The Election Code, as

 

 

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1now or hereafter amended.
2    (b) A person convicted of a felony shall be ineligible to
3hold an office created by the Constitution of this State until
4the completion of his sentence.
5    (b-5) Notwithstanding any other provision of law, a person
6convicted of a felony, bribery, perjury, or other infamous
7crime for an offense committed on or after the effective date
8of this amendatory Act of the 103rd General Assembly and
9committed while he or she was serving as a public official in
10this State is ineligible to hold any local public office or any
11office created by the Constitution of this State unless the
12person's conviction is reversed, the person is again restored
13to such rights by the terms of a pardon for the offense, the
14person has received a restoration of rights by the Governor,
15or the person's rights are otherwise restored by law.
16    (c) Beginning on January 1, 2025, a person convicted of a
17felony or otherwise under sentence in a correctional
18institution shall have his or her right to vote restored not
19later than 14 days following his or her conviction. A person
20who is serving a sentence in a correctional institution
21starting prior to January 1, 2025, shall have his or her right
22to vote restored not later than January 14, 2025 A person
23sentenced to imprisonment shall lose his right to vote until
24released from imprisonment.
25    (d) On completion of sentence of imprisonment or upon
26discharge from probation, conditional discharge or periodic

 

 

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1imprisonment, or at any time thereafter, all license rights
2and privileges granted under the authority of this State which
3have been revoked or suspended because of conviction of an
4offense shall be restored unless the authority having
5jurisdiction of such license rights finds after investigation
6and hearing that restoration is not in the public interest.
7This paragraph (d) shall not apply to the suspension or
8revocation of a license to operate a motor vehicle under the
9Illinois Vehicle Code.
10    (e) Upon a person's discharge from incarceration or
11parole, or upon a person's discharge from probation or at any
12time thereafter, the committing court may enter an order
13certifying that the sentence has been satisfactorily completed
14when the court believes it would assist in the rehabilitation
15of the person and be consistent with the public welfare. Such
16order may be entered upon the motion of the defendant or the
17State or upon the court's own motion.
18    (f) Upon entry of the order, the court shall issue to the
19person in whose favor the order has been entered a certificate
20stating that his behavior after conviction has warranted the
21issuance of the order.
22    (g) This Section shall not affect the right of a defendant
23to collaterally attack his conviction or to rely on it in bar
24of subsequent proceedings for the same offense.
25    (h) No application for any license specified in subsection
26(i) of this Section granted under the authority of this State

 

 

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1shall be denied by reason of an eligible offender who has
2obtained a certificate of relief from disabilities, as defined
3in Article 5.5 of this Chapter, having been previously
4convicted of one or more criminal offenses, or by reason of a
5finding of lack of "good moral character" when the finding is
6based upon the fact that the applicant has previously been
7convicted of one or more criminal offenses, unless:
8        (1) there is a direct relationship between one or more
9    of the previous criminal offenses and the specific license
10    sought; or
11        (2) the issuance of the license would involve an
12    unreasonable risk to property or to the safety or welfare
13    of specific individuals or the general public.
14    In making such a determination, the licensing agency shall
15consider the following factors:
16        (1) the public policy of this State, as expressed in
17    Article 5.5 of this Chapter, to encourage the licensure
18    and employment of persons previously convicted of one or
19    more criminal offenses;
20        (2) the specific duties and responsibilities
21    necessarily related to the license being sought;
22        (3) the bearing, if any, the criminal offenses or
23    offenses for which the person was previously convicted
24    will have on his or her fitness or ability to perform one
25    or more such duties and responsibilities;
26        (4) the time which has elapsed since the occurrence of

 

 

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1    the criminal offense or offenses;
2        (5) the age of the person at the time of occurrence of
3    the criminal offense or offenses;
4        (6) the seriousness of the offense or offenses;
5        (7) any information produced by the person or produced
6    on his or her behalf in regard to his or her rehabilitation
7    and good conduct, including a certificate of relief from
8    disabilities issued to the applicant, which certificate
9    shall create a presumption of rehabilitation in regard to
10    the offense or offenses specified in the certificate; and
11        (8) the legitimate interest of the licensing agency in
12    protecting property, and the safety and welfare of
13    specific individuals or the general public.
14    (i) A certificate of relief from disabilities shall be
15issued only for a license or certification issued under the
16following Acts:
17        (1) the Animal Welfare Act; except that a certificate
18    of relief from disabilities may not be granted to provide
19    for the issuance or restoration of a license under the
20    Animal Welfare Act for any person convicted of violating
21    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
22    Care for Animals Act or Section 26-5 or 48-1 of the
23    Criminal Code of 1961 or the Criminal Code of 2012;
24        (2) the Illinois Athletic Trainers Practice Act;
25        (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
26    and Nail Technology Act of 1985;

 

 

SB3482- 45 -LRB103 38721 RLC 68858 b

1        (4) the Boiler and Pressure Vessel Repairer Regulation
2    Act;
3        (5) the Boxing and Full-contact Martial Arts Act;
4        (6) the Illinois Certified Shorthand Reporters Act of
5    1984;
6        (7) the Illinois Farm Labor Contractor Certification
7    Act;
8        (8) the Registered Interior Designers Act;
9        (9) the Illinois Professional Land Surveyor Act of
10    1989;
11        (10) the Landscape Architecture Registration Act;
12        (11) the Marriage and Family Therapy Licensing Act;
13        (12) the Private Employment Agency Act;
14        (13) the Professional Counselor and Clinical
15    Professional Counselor Licensing and Practice Act;
16        (14) the Real Estate License Act of 2000;
17        (15) the Illinois Roofing Industry Licensing Act;
18        (16) the Professional Engineering Practice Act of
19    1989;
20        (17) the Water Well and Pump Installation Contractor's
21    License Act;
22        (18) the Electrologist Licensing Act;
23        (19) the Auction License Act;
24        (20) the Illinois Architecture Practice Act of 1989;
25        (21) the Dietitian Nutritionist Practice Act;
26        (22) the Environmental Health Practitioner Licensing

 

 

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1    Act;
2        (23) the Funeral Directors and Embalmers Licensing
3    Code;
4        (24) (blank);
5        (25) the Professional Geologist Licensing Act;
6        (26) the Illinois Public Accounting Act; and
7        (27) the Structural Engineering Practice Act of 1989.
8(Source: P.A. 102-284, eff. 8-6-21; 103-562, eff. 11-17-23.)
 
9    (730 ILCS 5/5-5-11 new)
10    Sec. 5-5-11. Civil actions. The Attorney General, any
11individual aggrieved by a violation of subsection (c) of
12Section 5-5-5, any entity whose membership includes
13individuals aggrieved by a violation of subsection (c) of
14Section 5-5-5, any entity whose mission would be frustrated by
15a violation of subsection (c) of Section 5-5-5, or any entity
16that would expend resources in order to fulfill its mission as
17a result of a violation of subsection (c) of Section 5-5-5, may
18file an action in a court of competent jurisdiction. This act
19is intended to benefit and protect the rights of individual
20voters and to provide a remedy for infringing on the rights
21granted under this Act.
 
22    (730 ILCS 5/5-5-12 new)
23    Sec. 5-5-12. Attorney's fees. Upon motion, a court shall
24award reasonable attorney's fees and costs, including expert

 

 

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1witness fees and other litigation expenses, to a plaintiff in
2any action brought under Section 5-5-11: (1) who obtains some
3or all of their requested relief through a judicial judgment
4in the plaintiff's favor; (2) who obtains some or all of their
5requested relief through any settlement agreement approved by
6the court; or (3) whose pursuit of a non-frivolous claim was a
7catalyst for a unilateral change in position by the opposing
8party relative to the relief sought. In awarding reasonable
9attorney's fees, the court shall consider the degree to which
10the relief obtained relates to the relief sought.
 
11    Section 20. The Re-Entering Citizens Civics Education Act
12is amended by changing Sections 1, 5, 10, 15, 20, 25, 40, and
13by adding Section 45 as follows:
 
14    (730 ILCS 200/1)
15    Sec. 1. Short title. This Act may be cited as the
16Reintegration and Civic Empowerment Re-Entering Citizens
17Civics Education Act.
18(Source: P.A. 101-441, eff. 1-1-20.)
 
19    (730 ILCS 200/5)
20    Sec. 5. Definitions. In this Act:
21    "Co-facilitators" means a committed person at the
22Department of Juvenile Justice who is specifically trained in
23voting rights education, who shall assist in conducting voting

 

 

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1and civics education workshops for committed persons at the
2Department of Juvenile Justice; or a member of an established
3nonpartisan civic organization who has been trained to conduct
4voting and civics education workshops who are scheduled for
5discharge within 12 months.
6    "Committed person" means a person committed and confined
7to and in the physical custody of the Department of
8Corrections or the Department of Juvenile Justice.
9    "Commitment" means a judicially determined placement in
10the physical custody of the Department of Corrections or the
11Department of Juvenile Justice on the basis of conviction or
12delinquency.
13    "Correctional institution or facility" means a Department
14of Corrections or Department of Juvenile Justice building or
15part of a Department of Corrections or Department of Juvenile
16Justice building where committed persons are detained in a
17secure manner.
18    "Detainee" means a committed person in the physical
19custody of the Department of Corrections or the Department of
20Juvenile Justice.
21    "Director" includes the Directors of the Department of
22Corrections and the Department of Juvenile Justice unless the
23text solely specifies a particular Director.
24    "Discharge" means the end of a sentence or the final
25termination of a committed person's physical commitment to and
26confinement in the Department of Corrections. Discharge means

 

 

SB3482- 49 -LRB103 38721 RLC 68858 b

1the end of a sentence or the final termination of a committed
2person's physical commitment to and confinement in the
3Department of Juvenile Justice.
4    "Peer educator" means a committed person an incarcerated
5citizen at the Department of Corrections who is specifically
6trained in voting rights education, who shall conduct voting
7and civics education workshops for committed persons at the
8Department of Corrections who are scheduled for discharge
9within 12 months.
10    "Program" means the nonpartisan peer education and
11information instruction established by this Act.
12    "Program participant" means a committed person enrolled in
13the program or otherwise participating in a program workshop.
14    "Re-entering citizen" means any United States citizen who
15is: 17 years of age or older; in the physical custody of the
16Department of Corrections or Department of Juvenile Justice;
17and scheduled to be re-entering society within 12 months.
18(Source: P.A. 101-441, eff. 1-1-20; 102-374, eff. 1-1-22;
19102-558, eff. 8-20-21.)
 
20    (730 ILCS 200/10)
21    Sec. 10. Purpose; program. The purpose of this Act is to
22advance collective liberation, foster community healing, and
23establish individuals as active members of the community. The
24Department of Corrections and the Department of Juvenile
25Justice shall implement provide a nonpartisan peer-led civics

 

 

SB3482- 50 -LRB103 38721 RLC 68858 b

1program throughout the correctional institutions of this State
2to teach civics to soon-to-be released citizens who will be
3re-entering society. The goal of the program is to promote the
4successful integration of re-entering citizens, promote
5democracy, and reduce rates of recidivism within this State.
6This program, emphasizing that reintegration must be a
7collective effort, is designed to impart civics education to
8committed persons, including those on the verge of re-entering
9society. The overarching goals of the program are to
10facilitate the successful reintegration of committed persons
11into society, champion the principles of democracy, provide
12vital information to eligible voters among the committed
13population, contribute to the reduction of recidivism rates
14within the state, and improve community cohesion, recognizing
15its significance as a social determinant of health. For young
16people in particular, the study of civics helps people acquire
17and learn to use the skills, knowledge, and attitudes that
18will prepare them to be engaged citizens throughout their
19lives. This program shall coincide with and enhance existing
20laws to ensure that committed persons and voters re-entering
21citizens understand their civic responsibility and know how to
22secure or, if applicable, regain their right to vote as part of
23the exit process.
24(Source: P.A. 101-441, eff. 1-1-20; 102-374, eff. 1-1-22.)
 
25    (730 ILCS 200/15)

 

 

SB3482- 51 -LRB103 38721 RLC 68858 b

1    Sec. 15. Curriculum and eligibility.
2    (a) The civics peer education program shall consist of a
3rigorous curriculum, and participants shall be instructed on
4subjects including, but not limited to, voting rights,
5governmental institutions, current affairs, and simulations of
6voter registration, election, and democratic processes. Each
7workshop held at the Department of Corrections shall consist
8of 3 sessions that are 90 minutes each and that do not need to
9be taken consecutively. The workshops held at the Department
10of Juvenile Justice shall consist of 270 minutes of
11instruction. The Department of Corrections shall conduct each
12of the 3 sessions not less than twice a month at each
13correctional institution totaling not less than 6 sessions per
14month at each correctional institution.
15    (b) The Department of Corrections and the Department of
16Juvenile Justice must offer committed persons the first
17re-entering citizens scheduled to be discharged within 12
18months with the civics peer education workshop session within
1990 days of commitment and must offer and make available the
20entirety of the civics peer education program to committed
21persons within 12 months of commitment program, and each
22re-entering citizen must enroll in the program one to 12
23months prior to his or her expected date of release. This
24workshop must be included in the standard exit process.
25    The Department of Corrections and the Department of
26Juvenile Justice should aim to include this workshop in

 

 

SB3482- 52 -LRB103 38721 RLC 68858 b

1conjunction with other commitment pre-release procedures and
2movements. Delays in a workshop being provided shall not cause
3delays in discharge. Committed persons may not be prevented
4from attending workshops due to staffing shortages, lockdowns,
5or to conflicts with family or legal visits, court dates,
6medical appointments, commissary visits, recreational
7sessions, dining, work, class, or bathing schedules. In case
8of conflict or staffing shortages, committed persons
9re-entering citizens must be given full opportunity to attend
10a workshop at a later time.
11    (c) The civics peer education program and workshops must
12be made available to all committed persons regardless of the
13date they were first committed or the length of their
14sentence. Committed persons shall be allowed to enroll in the
15program multiple times or participate in workshop sessions
16multiple times. If necessary due to limitations on the number
17of persons that can attend an individual workshop, the
18Department of Corrections and the Department of Juvenile
19Justice may prioritize attendance for participants who have
20not completed the civics peer education program but shall not
21otherwise restrict access to the program or workshops on the
22basis of a person's commitment date or length of sentence,
23except as necessary to allow a committed person near the end of
24their term of commitment to complete the program before their
25release from commitment.
26(Source: P.A. 101-441, eff. 1-1-20; 102-374, eff. 1-1-22.)
 

 

 

SB3482- 53 -LRB103 38721 RLC 68858 b

1    (730 ILCS 200/20)
2    Sec. 20. Peer educator training. The civics peer
3education program shall be taught by peer educators who are
4persons citizens incarcerated in Department of Corrections
5facilities and specially trained by experienced peer educators
6and established nonpartisan civic organizations. Established
7nonpartisan civic organizations may be assisted by area
8political science or civics educators at colleges,
9universities, and high schools and by nonpartisan
10organizations providing re-entry services. The nonpartisan
11civic organizations shall provide adequate training to peer
12educators on matters including, but not limited to, voting
13rights, governmental institutions, current affairs, and
14simulations of voter registration, election, and democratic
15processes, and shall provide periodic updates to program
16content and to peer educators.
17(Source: P.A. 101-441, eff. 1-1-20; 102-374, eff. 1-1-22.)
 
18    (730 ILCS 200/25)
19    Sec. 25. Voter and civic education program; content.
20    (a) Program content shall provide the following:
21        (1) nonpartisan information on voting history and
22    voting procedures;
23        (2) nonpartisan definitions of local, State, and
24    federal governmental institutions and offices; and

 

 

SB3482- 54 -LRB103 38721 RLC 68858 b

1        (3) examples and simulations of registration and
2    voting processes, and access to voter registration and
3    voting processes for those individuals who are eligible to
4    vote.
5    (b) Established nonpartisan civic organizations shall
6provide periodic updates to program content and, if
7applicable, peer educators and co-facilitators. Updates shall
8reflect major relevant changes to election laws and processes
9in Illinois.
10    (c) Program content shall be delivered in the following
11manners:
12        (1) verbally via peer educators and co-facilitators;
13        (2) broadcasts via Department of Corrections and
14    Department of Juvenile Justice internal television
15    channels; or
16        (3) printed information packets.
17    (d) Peer educators and co-facilitators shall disseminate
18printed information for voting in the program participant's
19releasee's county, including, but not limited to, election
20authorities' addresses, all applicable Internet websites, and
21public contact information for all election authorities. This
22information shall be compiled into a civics handbook. The
23handbook shall also include key information condensed into a
24pocket information card.
25    (e) The This information in subsections (d) shall also be
26compiled electronically and posted on Department of

 

 

SB3482- 55 -LRB103 38721 RLC 68858 b

1Corrections' and Department of Juvenile Justice's website
2along with the Department of Corrections' Community Support
3Advisory Councils websites.
4    (e-1) The Department of Corrections and the Department of
5Juvenile Justice must make voter registration materials,
6including access to print or online voter registration forms,
7available to every committed person eligible to register to
8vote once each calendar month or provide any such materials
9within two (2) business days from the date requested by the
10committed person. At the start of early voting for any
11election, the Department of Corrections and the Department of
12Juvenile Justice must make the registration materials
13described in this section, along with all materials related to
14obtaining and submitting a ballot, available within 2 business
15days from the date requested or delivered to the correctional
16institution. Mail-in ballots shall be considered and treated
17in the same manner as legal mail and must be made available to
18the voter within two (2) business days of delivery to the
19correctional institution. Mail-in ballots must be delivered to
20a mail carrier within 2 days of a committed person requesting
21it be mailed unless the relevant election authority
22coordinates with the correctional facility for an alternative
23method of delivery.
24     (f) Department Directors shall ensure that the wardens or
25superintendents of all correctional institutions and
26facilities visibly post this information on all common areas

 

 

SB3482- 56 -LRB103 38721 RLC 68858 b

1of their respective institutions, and shall broadcast the same
2via in-house institutional information television channels.
3Directors shall ensure that updated information is distributed
4in a timely, visible, and accessible manner.
5     (g) The Director of Corrections shall order, in a clearly
6visible area of each parole office within this State, the
7posting of a notice stipulating voter eligibility and that
8contains the current Internet website address and voter
9registration information provided by State Board of Elections
10regarding voting rights for citizens released from the
11physical custody of the Department of Corrections and the
12Department of Juvenile Justice.
13     (h) All program content and materials shall be
14distributed annually to the Community Support Advisory
15Councils of the Department of Corrections for use in re-entry
16programs across this State.
17(Source: P.A. 101-441, eff. 1-1-20; 102-374, eff. 1-1-22.)
 
18    (730 ILCS 200/40)
19    Sec. 40. Voter and civic education program monitoring and
20enforcement.
21    (a) The Director of Corrections and the Director of
22Juvenile Justice shall ensure that wardens or superintendents,
23program, educational, and security and movement staff permit
24these workshops to take place, and that program participants
25re-entering citizens are escorted to workshops in a consistent

 

 

SB3482- 57 -LRB103 38721 RLC 68858 b

1and timely manner.
2    (b) Compliance with this Act shall be monitored by a
3report published annually by the Department of Corrections and
4the Department of Juvenile Justice and containing data, which
5shall include the following: including
6        (1) numbers of committed persons re-entering citizens
7    who enrolled in the program,
8        (2) numbers of committed persons re-entering citizens
9    who completed the program,
10        (3) numbers of total committed persons,
11        (4) numbers of peer educators,
12        (5) and total numbers of committed persons who exited
13    (including the number of those who were and the number of
14    those under supervision), individuals discharged.
15        (6) numbers of mail-in ballots requested by committed
16    persons,
17        (7) numbers of mail-in ballots delivered to mail
18    carriers from correctional facilities,
19        (8) numbers of voter registration forms submitted to
20    Election Authorities by committed persons by mail or
21    otherwise.
22    Data shall be disaggregated by institution, discharge, or
23residence address of citizen, and other factors.
24(Source: P.A. 101-441, eff. 1-1-20.)
 
25    (730 ILCS 200/45 new)

 

 

SB3482- 58 -LRB103 38721 RLC 68858 b

1    Sec. 45. Peer educator pay and stipends. The Department of
2Corrections shall create and implement paid structures in line
3with other states' rates for incarcerated teachers, including,
4but not limited to, professors.
 
5    Section 99. Effective date. This Act takes effect January
61, 2025.

 

 

SB3482- 59 -LRB103 38721 RLC 68858 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 100/5-45.34 new
4    10 ILCS 5/1-26 new
5    10 ILCS 5/1-27 new
6    10 ILCS 5/1-28 new
7    10 ILCS 5/3-5from Ch. 46, par. 3-5
8    10 ILCS 5/19-2.5
9    730 ILCS 5/3-6-3
10    730 ILCS 5/3-14-1from Ch. 38, par. 1003-14-1
11    730 ILCS 5/5-5-5from Ch. 38, par. 1005-5-5
12    730 ILCS 5/5-5-11 new
13    730 ILCS 5/5-5-12 new
14    730 ILCS 200/1
15    730 ILCS 200/5
16    730 ILCS 200/10
17    730 ILCS 200/15
18    730 ILCS 200/20
19    730 ILCS 200/25
20    730 ILCS 200/40
21    730 ILCS 200/45 new