98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4336

 

Introduced , by Rep. Naomi D. Jakobsson

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Personnel Code, Children and Family Services Act, Illinois Youthbuild Act, Illinois Guaranteed Job Opportunity Act, Mental Health and Developmental Disabilities Administrative Act, Interagency Coordinating Council Act, School Code, Adult Education Act, various Acts relating to the governance of public universities in Illinois, Public Community College Act, Higher Education Student Assistance Act, Illinois Insurance Code, Pharmacy Practice Act, Structural Pest Control Act, Illinois Public Aid Code, Firearm Concealed Carry Act, Illinois Vehicle Code, and Unified Code of Corrections. Changes references relating to General Educational Development (GED) testing and certificates to high school equivalency testing and certificates. Makes technical corrections.


LRB098 16126 NHT 51183 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4336LRB098 16126 NHT 51183 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Personnel Code is amended by changing
5Section 8c as follows:
 
6    (20 ILCS 415/8c)  (from Ch. 127, par. 63b108c)
7    Sec. 8c. Jurisdiction C; conditions of employment. For
8positions in the State service subject to the jurisdiction of
9the Department of Central Management Services with respect to
10conditions of employment:
11    (1) For establishment of a plan for resolving employee
12grievances and complaints, excluding compulsory arbitration.
13    (2) For hours of work, holidays, and attendance regulation
14in the various classes of positions in the State service; for
15annual, sick and special leaves of absence, with or without pay
16or with reduced pay; for compensatory time off for overtime or
17for pay for overtime, and for the rate at which compensatory
18time off is to be allowed or for the rate which is to be paid
19for overtime. If the services of an employee in the State
20service are terminated by reason of his retirement, disability
21or death, he, or his estate, as the case may be, shall be paid a
22lump sum, for the number of days for leave for personal
23business which the employee had accumulated but not used as of

 

 

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1the date his services were terminated, in an amount equal to
21/2 of his pay per working day times the number of such leave
3days so accumulated and not used.
4    (3) For the development and operation of programs to
5improve the work effectiveness and morale of employees in the
6State service, including training, safety, health, welfare,
7counseling, recreation, employee relations, a suggestion
8system, and others.
9    Employees whose tuition and fees are paid by the State,
10either directly or by reimbursement, shall incur a work
11commitment to the State. Employees whose State paid training
12has not led to a postsecondary degree shall be obligated to
13continue in the employ of the State, but not necessarily in the
14same agency, for a period of at least 18 months following
15completion of the most recent course. Employees whose State
16paid training has led to a postsecondary degree and whose State
17payments have paid for 50% or more of the required credit hours
18shall be obligated to continue in the employ of the State, but
19not necessarily in the same agency, for a minimum of 4 years
20after receiving the degree.
21    If the employee does not fulfill this work commitment by
22voluntarily leaving State employment, the State may recover
23payments in a civil action and may also recover interest at the
24rate of 1% per month from the time the State makes payment
25until the time the State recovers the payment. The amount the
26State may recover under this subsection (3) shall be reduced by

 

 

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125% of the gross amount paid by the State for each year the
2employee is employed by the State after the employee receives a
3postsecondary degree, and 1/18th of the gross amount paid by
4the State for each month the employee is employed by the State
5after the employee completes the most recent course which has
6not led to a postsecondary degree.
7    The State shall not recover payments for course work or a
8training program that was (a) started before the effective date
9of this Act; (b) completed as a requirement for a grammar
10school certificate or a high school diploma, to prepare for
11high school equivalency testing, a high school level General
12Educational Development Test or to improve literacy or
13numeracy; (c) specialized training in the form of a conference,
14seminar, workshop, or similar arrangement offered by public or
15private organizations; (d) provided as part of the Upward
16Mobility Program administered by the Department of Central
17Management Services; or (e) a condition of continued
18employment.
19    Department of State Police employees who are enrolled in an
20official training program that lasts longer than one year shall
21incur a work commitment to the State. The work commitment shall
22be 2 months for each month of completed training. If the
23employee fails to fulfill this work commitment by voluntarily
24leaving State employment, the State may recover wages in a
25civil action and may also recover interest at the rate of 1%
26per month from the time the State makes payment until the time

 

 

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1the State recovers the payment. The amount the State may
2recover under this subsection (3) shall be reduced by the
3number of months served after the training is completed times
4the monthly salary at the time of separation.
5    The Department of Central Management Services shall
6promulgate rules governing recovery activities to be used by
7all State agencies paying, whether directly or by
8reimbursement, for employee tuition and fees. Each such agency
9shall make necessary efforts, including pursuing appropriate
10legal action, to recover the actual reimbursements and
11applicable interest due the State under this subsection (3).
12    (4) For the establishment of a sick pay plan in accordance
13with Section 36 of the State Finance Act.
14    (5) For the establishment of a family responsibility leave
15plan under which an employee in the State service may request
16and receive a leave of absence for up to one year without
17penalty whenever such leave is requested to enable the employee
18to meet a bona fide family responsibility of such employee. The
19procedure for determining and documenting the existence of a
20bona fide family responsibility shall be as provided by rule,
21but without limiting the circumstances which shall constitute a
22bona fide family responsibility under the rules, such
23circumstances shall include leave incident to the birth of the
24employee's child and the responsibility thereafter to provide
25proper care to that child or to a newborn child adopted by the
26employee, the responsibility to provide regular care to a

 

 

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1disabled, incapacitated or bedridden resident of the
2employee's household or member of the employee's family, and
3the responsibility to furnish special guidance, care and
4supervision to a resident of the employee's household or member
5of the employee's family in need thereof under circumstances
6temporarily inconsistent with uninterrupted employment in
7State service. The family responsibility leave plan so
8established shall provide that any such leave shall be without
9pay, that the seniority of the employee on such leave shall not
10be reduced during the period of the leave, that such leave
11shall not under any circumstance or for any purpose be deemed
12to cause a break in such employee's State service, that during
13the period of such leave any coverage of the employee or the
14employee's dependents which existed at the commencement of the
15leave under any group health, hospital, medical and life
16insurance plan provided through the State shall continue so
17long as the employee pays to the State when due the full
18premium incident to such coverage, and that upon expiration of
19the leave the employee shall be returned to the same position
20and classification which such employee held at the commencement
21of the leave. The Director of Central Management Services shall
22prepare proposed rules consistent with this paragraph within 45
23days after the effective date of this amendatory Act of 1983,
24shall promptly thereafter cause a public hearing thereon to be
25held as provided in Section 8 and shall within 120 days after
26the effective date of this amendatory Act of 1983 cause such

 

 

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1proposed rules to be submitted to the Civil Service Commission
2as provided in Section 8.
3    (6) For the development and operation of a plan for
4alternative employment for any employee who is able to perform
5alternative employment after a work related or non-work related
6disability essentially precludes that employee from performing
7his or her currently assigned duties. Such a plan shall be
8voluntary for any employee and nonparticipation shall not be
9grounds for denial of any benefit to which the employee would
10otherwise be eligible. Any plan seeking to cover positions for
11which there is a recognized bargaining agent shall be subject
12to collective bargaining between the parties.
13    (7) For the development and operation of an Executive
14Development Program to provide scholarships for the receipt of
15academic degrees or senior executive training beyond the
16Bachelor's degree level for as many as 25 employees at any
17given time:
18        (i) each of whom is nominated for such scholarship by
19    the head of the employee's agency and approved by the
20    Director;
21        (ii) who are subject to Term Appointment under Section
22    8b.18 or who would be subject to such Term Appointment but
23    for Federal funding or who are exempt from Jurisdiction B
24    under subsections (2), (3) or (6) of Section 4d of this
25    Act:
26        (iii) who meet the admission standards established by

 

 

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1    the institution awarding the advanced degree or conducting
2    the training;
3        (iv) each of whom agrees, as a condition of accepting
4    such scholarship, that the State may recover the
5    scholarship by garnishment, lien or other appropriate
6    legal action if the employee fails to continue in the
7    employ of the State, but not necessarily in the same
8    agency, for a minimum of 4 years following receipt of an
9    advanced degree or training and that the State may charge
10    interest from the time of payment until the time of
11    recovery of such scholarship of no less than 1% per month
12    or 12% per annum on all funds recovered by the State. The
13    amount the State may recover under this Section will be
14    reduced by 25% of the gross amount paid by the State for
15    each year of employment following receipt of the advanced
16    degree or training.
17    The Director shall in approving eligible employees for the
18Executive Development Program make every attempt to guarantee
19that at least 1/3 of the employees appointed to the program
20reflect the ratio of sex, race, and ethnicity of eligible
21employees.
22    Such scholarships shall not exceed the amount established
23for tuition and fees for the applicable advanced degree or
24training at State universities in Illinois whether the employee
25enrolls at any Illinois public or private institution, and
26shall not include any textbooks or equipment such as personal

 

 

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1computers.
2    The Department of Central Management Services shall make
3necessary efforts, including appropriate legal action, to
4recover scholarships and interest thereupon due subject to
5recovery by the State under Subparagraph (iv) of this
6Subsection (7).
7(Source: P.A. 91-357, eff. 7-29-99.)
 
8    Section 10. The Children and Family Services Act is amended
9by changing Section 8 as follows:
 
10    (20 ILCS 505/8)  (from Ch. 23, par. 5008)
11    Sec. 8. Scholarships and fee waivers. Each year the
12Department may select from among the youth under care, youth
13who aged out of care at age 18 or older, or youth formerly
14under care who have been adopted or are in a guardianship
15placement, a maximum of 48 students (at least 4 of whom shall
16be children of veterans) who have earned a high school diploma
17from a public school district or a recognized nonpublic school
18or a high school equivalency certificate of general education
19development (GED), or who have met the State criteria for high
20school graduation; the youth selected shall be eligible for
21scholarships and fee waivers which will entitle them to 4
22consecutive years of community college, university, or college
23education. Selection shall be made on the basis of scholastic
24record, aptitude, and general interest in higher education. In

 

 

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1accordance with this Act, tuition scholarships and fee waivers
2shall be available to such students at any university or
3college maintained by the State of Illinois. The Department
4shall provide maintenance and school expenses, except tuition
5and fees, during the academic years to supplement the students'
6earnings or other resources so long as they consistently
7maintain scholastic records which are acceptable to their
8schools and to the Department. Students may attend other
9colleges and universities, if scholarships are awarded them,
10and receive the same benefits for maintenance and other
11expenses as those students attending any Illinois State
12community college, university, or college under this Section.
13(Source: P.A. 97-799, eff. 7-13-12.)
 
14    Section 15. The Illinois Youthbuild Act is amended by
15changing Section 25 as follows:
 
16    (20 ILCS 1315/25)
17    Sec. 25. Eligible participants. Eligible participants are
18youth 16 to 24 years old who are economically disadvantaged as
19defined in United States Code, Title 29, Section 1503, and who
20are part of one of the following groups:
21        (a) Persons who are not attending any school and have
22    not received a secondary school diploma or its equivalent.
23        (b) Persons currently enrolled in a traditional or
24    alternative school setting or a high school equivalency

 

 

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1    testing GED program and who are in danger of dropping out
2    of school.
3        (c) A member of a low-income family, a youth in foster
4    care (including a youth aging-out of foster care), a youth
5    offender, a youth with a disability, a child of
6    incarcerated parents, or a migrant youth.
7    Not more than 25% of the participants in the program may be
8individuals who do not meet the requirements of subsections (a)
9or (b), but who are deficient in basic skills despite having
10attained a secondary school diploma, high school equivalency
11General Educational Development (GED) certificate, or other
12State-recognized equivalent, or who have been referred by a
13local secondary school for participation in a Youthbuild
14program leading to the attainment of a secondary school
15diploma.
16(Source: P.A. 95-524, eff. 8-28-07.)
 
17    Section 20. The Illinois Guaranteed Job Opportunity Act is
18amended by changing Section 30 as follows:
 
19    (20 ILCS 1510/30)
20    Sec. 30. Education requirements. Any individual who has not
21completed high school and who participates in a job project
22under this Act may enroll, if appropriate, in and maintain
23satisfactory progress in a secondary school or an adult basic
24education or high school equivalency testing GED program. Any

 

 

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1individual with limited English speaking ability may
2participate, if appropriate, in an English as a Second Language
3program.
4(Source: P.A. 93-46, eff. 7-1-03.)
 
5    Section 25. The Mental Health and Developmental
6Disabilities Administrative Act is amended by changing Section
715.4 as follows:
 
8    (20 ILCS 1705/15.4)
9    Sec. 15.4. Authorization for nursing delegation to permit
10direct care staff to administer medications.
11    (a) This Section applies to (i) all programs for persons
12with a developmental disability in settings of 16 persons or
13fewer that are funded or licensed by the Department of Human
14Services and that distribute or administer medications and (ii)
15all intermediate care facilities for the developmentally
16disabled with 16 beds or fewer that are licensed by the
17Department of Public Health. The Department of Human Services
18shall develop a training program for authorized direct care
19staff to administer oral and topical medications under the
20supervision and monitoring of a registered professional nurse.
21This training program shall be developed in consultation with
22professional associations representing (i) physicians licensed
23to practice medicine in all its branches, (ii) registered
24professional nurses, and (iii) pharmacists.

 

 

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1    (b) For the purposes of this Section:
2    "Authorized direct care staff" means non-licensed persons
3who have successfully completed a medication administration
4training program approved by the Department of Human Services
5and conducted by a nurse-trainer. This authorization is
6specific to an individual receiving service in a specific
7agency and does not transfer to another agency.
8    "Nurse-trainer training program" means a standardized,
9competency-based medication administration train-the-trainer
10program provided by the Department of Human Services and
11conducted by a Department of Human Services master
12nurse-trainer for the purpose of training nurse-trainers to
13train persons employed or under contract to provide direct care
14or treatment to individuals receiving services to administer
15medications and provide self-administration of medication
16training to individuals under the supervision and monitoring of
17the nurse-trainer. The program incorporates adult learning
18styles, teaching strategies, classroom management, and a
19curriculum overview, including the ethical and legal aspects of
20supervising those administering medications.
21    "Self-administration of medications" means an individual
22administers his or her own medications. To be considered
23capable to self-administer their own medication, individuals
24must, at a minimum, be able to identify their medication by
25size, shape, or color, know when they should take the
26medication, and know the amount of medication to be taken each

 

 

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1time.
2    "Training program" means a standardized medication
3administration training program approved by the Department of
4Human Services and conducted by a registered professional nurse
5for the purpose of training persons employed or under contract
6to provide direct care or treatment to individuals receiving
7services to administer medications and provide
8self-administration of medication training to individuals
9under the delegation and supervision of a nurse-trainer. The
10program incorporates adult learning styles, teaching
11strategies, classroom management, curriculum overview,
12including ethical-legal aspects, and standardized
13competency-based evaluations on administration of medications
14and self-administration of medication training programs.
15    (c) Training and authorization of non-licensed direct care
16staff by nurse-trainers must meet the requirements of this
17subsection.
18        (1) Prior to training non-licensed direct care staff to
19    administer medication, the nurse-trainer shall perform the
20    following for each individual to whom medication will be
21    administered by non-licensed direct care staff:
22            (A) An assessment of the individual's health
23        history and physical and mental status.
24            (B) An evaluation of the medications prescribed.
25        (2) Non-licensed authorized direct care staff shall
26    meet the following criteria:

 

 

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1            (A) Be 18 years of age or older.
2            (B) Have completed high school or have a high
3        school equivalency certificate its equivalent (GED).
4            (C) Have demonstrated functional literacy.
5            (D) Have satisfactorily completed the Health and
6        Safety component of a Department of Human Services
7        authorized direct care staff training program.
8            (E) Have successfully completed the training
9        program, pass the written portion of the comprehensive
10        exam, and score 100% on the competency-based
11        assessment specific to the individual and his or her
12        medications.
13            (F) Have received additional competency-based
14        assessment by the nurse-trainer as deemed necessary by
15        the nurse-trainer whenever a change of medication
16        occurs or a new individual that requires medication
17        administration enters the program.
18        (3) Authorized direct care staff shall be re-evaluated
19    by a nurse-trainer at least annually or more frequently at
20    the discretion of the registered professional nurse. Any
21    necessary retraining shall be to the extent that is
22    necessary to ensure competency of the authorized direct
23    care staff to administer medication.
24        (4) Authorization of direct care staff to administer
25    medication shall be revoked if, in the opinion of the
26    registered professional nurse, the authorized direct care

 

 

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1    staff is no longer competent to administer medication.
2        (5) The registered professional nurse shall assess an
3    individual's health status at least annually or more
4    frequently at the discretion of the registered
5    professional nurse.
6    (d) Medication self-administration shall meet the
7following requirements:
8        (1) As part of the normalization process, in order for
9    each individual to attain the highest possible level of
10    independent functioning, all individuals shall be
11    permitted to participate in their total health care
12    program. This program shall include, but not be limited to,
13    individual training in preventive health and
14    self-medication procedures.
15            (A) Every program shall adopt written policies and
16        procedures for assisting individuals in obtaining
17        preventative health and self-medication skills in
18        consultation with a registered professional nurse,
19        advanced practice nurse, physician assistant, or
20        physician licensed to practice medicine in all its
21        branches.
22            (B) Individuals shall be evaluated to determine
23        their ability to self-medicate by the nurse-trainer
24        through the use of the Department's required,
25        standardized screening and assessment instruments.
26            (C) When the results of the screening and

 

 

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1        assessment indicate an individual not to be capable to
2        self-administer his or her own medications, programs
3        shall be developed in consultation with the Community
4        Support Team or Interdisciplinary Team to provide
5        individuals with self-medication administration.
6        (2) Each individual shall be presumed to be competent
7    to self-administer medications if:
8            (A) authorized by an order of a physician licensed
9        to practice medicine in all its branches; and
10            (B) approved to self-administer medication by the
11        individual's Community Support Team or
12        Interdisciplinary Team, which includes a registered
13        professional nurse or an advanced practice nurse.
14    (e) Quality Assurance.
15        (1) A registered professional nurse, advanced practice
16    nurse, licensed practical nurse, physician licensed to
17    practice medicine in all its branches, physician
18    assistant, or pharmacist shall review the following for all
19    individuals:
20            (A) Medication orders.
21            (B) Medication labels, including medications
22        listed on the medication administration record for
23        persons who are not self-medicating to ensure the
24        labels match the orders issued by the physician
25        licensed to practice medicine in all its branches,
26        advanced practice nurse, or physician assistant.

 

 

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1            (C) Medication administration records for persons
2        who are not self-medicating to ensure that the records
3        are completed appropriately for:
4                (i) medication administered as prescribed;
5                (ii) refusal by the individual; and
6                (iii) full signatures provided for all
7            initials used.
8        (2) Reviews shall occur at least quarterly, but may be
9    done more frequently at the discretion of the registered
10    professional nurse or advanced practice nurse.
11        (3) A quality assurance review of medication errors and
12    data collection for the purpose of monitoring and
13    recommending corrective action shall be conducted within 7
14    days and included in the required annual review.
15    (f) Programs using authorized direct care staff to
16administer medications are responsible for documenting and
17maintaining records on the training that is completed.
18    (g) The absence of this training program constitutes a
19threat to the public interest, safety, and welfare and
20necessitates emergency rulemaking by the Departments of Human
21Services and Public Health under Section 5-45 of the Illinois
22Administrative Procedure Act.
23    (h) Direct care staff who fail to qualify for delegated
24authority to administer medications pursuant to the provisions
25of this Section shall be given additional education and testing
26to meet criteria for delegation authority to administer

 

 

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

 

 

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1authorized direct care staff pursuant to this Section shall be
2granted consideration for a one-time additional salary
3differential. The Department shall determine and provide the
4necessary funding for the differential in the base. This
5subsection (l) is inoperative on and after June 30, 2000.
6(Source: P.A. 91-630, eff. 8-19-99.)
 
7    Section 30. The Interagency Coordinating Council Act is
8amended by changing Section 3 as follows:
 
9    (20 ILCS 3970/3)  (from Ch. 127, par. 3833)
10    Sec. 3. Scope and Functions. The Interagency Coordinating
11Council shall:
12    (a) gather and coordinate data on services for secondary
13age youth with disabilities in transition from school to
14employment, post-secondary education and training, and
15community living;
16    (b) provide information, consultation, and technical
17assistance to State and local agencies and local school
18districts involved in the delivery of services to youth with
19disabilities in transition from secondary school programs to
20employment and other post-secondary programs;
21    (c) assist State and local agencies and school districts,
22through local transition planning committees, in establishing
23interagency agreements to assure the necessary services for
24efficient and appropriate transition from school to

 

 

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1employment, post-secondary education and training, and
2community living;
3    (d) conduct an annual statewide evaluation of student
4transition outcomes and needs from information collected from
5local transition planning committees, school districts, and
6other appropriate sources; indicators used to evaluate
7outcomes shall include (i) high school graduation or passage of
8high school equivalency testing the Test of General Educational
9Development, (ii) participation in post-secondary education,
10including continuing and adult education, (iii) involvement in
11integrated employment, supported employment, and work-based
12learning activities, including vocational training, and (iv)
13independent living, community participation, adult services,
14and other post-secondary activities; and
15    (e) provide periodic in-service training to consumers in
16developing and improving awareness of transition services.
17(Source: P.A. 92-452, eff. 8-21-01.)
 
18    Section 35. The School Code is amended by changing Sections
192-3.66, 3-15.12, 10-22.20, 13-40, 13B-20.20, 13B-30.15,
2013B-85, 26-2, and 26-16 as follows:
 
21    (105 ILCS 5/2-3.66)  (from Ch. 122, par. 2-3.66)
22    Sec. 2-3.66. Truants' alternative and optional education
23programs. To establish projects to offer modified
24instructional programs or other services designed to prevent

 

 

HB4336- 21 -LRB098 16126 NHT 51183 b

1students from dropping out of school, including programs
2pursuant to Section 2-3.41, and to serve as a part time or full
3time option in lieu of regular school attendance and to award
4grants to local school districts, educational service regions
5or community college districts from appropriated funds to
6assist districts in establishing such projects. The education
7agency may operate its own program or enter into a contract
8with another not-for-profit entity to implement the program.
9The projects shall allow dropouts, up to and including age 21,
10potential dropouts, including truants, uninvolved, unmotivated
11and disaffected students, as defined by State Board of
12Education rules and regulations, to enroll, as an alternative
13to regular school attendance, in an optional education program
14which may be established by school board policy and is in
15conformance with rules adopted by the State Board of Education.
16Truants' Alternative and Optional Education programs funded
17pursuant to this Section shall be planned by a student, the
18student's parents or legal guardians, unless the student is 18
19years or older, and school officials and shall culminate in an
20individualized optional education plan. Such plan shall focus
21on academic or vocational skills, or both, and may include, but
22not be limited to, evening school, summer school, community
23college courses, adult education, preparation courses for high
24school equivalency testing the high school level test of
25General Educational Development, vocational training, work
26experience, programs to enhance self concept and parenting

 

 

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1courses. School districts which are awarded grants pursuant to
2this Section shall be authorized to provide day care services
3to children of students who are eligible and desire to enroll
4in programs established and funded under this Section, but only
5if and to the extent that such day care is necessary to enable
6those eligible students to attend and participate in the
7programs and courses which are conducted pursuant to this
8Section. School districts and regional offices of education may
9claim general State aid under Section 18-8.05 for students
10enrolled in truants' alternative and optional education
11programs, provided that such students are receiving services
12that are supplemental to a program leading to a high school
13diploma and are otherwise eligible to be claimed for general
14State aid under Section 18-8.05.
15(Source: P.A. 96-734, eff. 8-25-09.)
 
16    (105 ILCS 5/3-15.12)  (from Ch. 122, par. 3-15.12)
17    Sec. 3-15.12. High school equivalency testing program. The
18regional superintendent of schools shall make available for
19qualified individuals residing within the region a High School
20Equivalency Testing Program. For that purpose the regional
21superintendent alone or with other regional superintendents
22may establish and supervise a testing center or centers to
23administer the secure forms for high school equivalency testing
24of the high school level Test of General Educational
25Development to qualified persons. Such centers shall be under

 

 

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1the supervision of the regional superintendent in whose region
2such centers are located, subject to the approval of the
3President of the Illinois Community College Board.
4    An individual is eligible to apply to the regional
5superintendent of schools for the region in which he or she
6resides if he or she is: (a) a person who is 17 years of age or
7older, has maintained residence in the State of Illinois, and
8is not a high school graduate; (b) a person who is successfully
9completing an alternative education program under Section
102-3.81, Article 13A, or Article 13B; or (c) a person who is
11enrolled in a youth education program sponsored by the Illinois
12National Guard. For purposes of this Section, residence is that
13abode which the applicant considers his or her home. Applicants
14may provide as sufficient proof of such residence and as an
15acceptable form of identification a driver's license, valid
16passport, military ID, or other form of government-issued
17national or foreign identification that shows the applicant's
18name, address, date of birth, signature, and photograph or
19other acceptable identification as may be allowed by law or as
20regulated by the Illinois Community College Board. Such
21regional superintendent shall determine if the applicant meets
22statutory and regulatory state standards. If qualified the
23applicant shall at the time of such application pay a fee
24established by the Illinois Community College Board, which fee
25shall be paid into a special fund under the control and
26supervision of the regional superintendent. Such moneys

 

 

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1received by the regional superintendent shall be used, first,
2for the expenses incurred in administering and scoring the
3examination, and next for other educational programs that are
4developed and designed by the regional superintendent of
5schools to assist those who successfully complete high school
6equivalency testing the high school level test of General
7Education Development in furthering their academic development
8or their ability to secure and retain gainful employment,
9including programs for the competitive award based on test
10scores of college or adult education scholarship grants or
11similar educational incentives. Any excess moneys shall be paid
12into the institute fund.
13    Any applicant who has achieved the minimum passing
14standards as established by the Illinois Community College
15Board shall be notified in writing by the regional
16superintendent and shall be issued a high school equivalency
17certificate on the forms provided by the Illinois Community
18College Board. The regional superintendent shall then certify
19to the Illinois Community College Board the score of the
20applicant and such other and additional information that may be
21required by the Illinois Community College Board. The moneys
22received therefrom shall be used in the same manner as provided
23for in this Section.
24    Any applicant who has attained the age of 17 years and
25maintained residence in the State of Illinois and is not a high
26school graduate, any person who has enrolled in a youth

 

 

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1education program sponsored by the Illinois National Guard, or
2any person who has successfully completed an alternative
3education program under Section 2-3.81, Article 13A, or Article
413B is eligible to apply for a high school equivalency
5certificate (if he or she meets the requirements prescribed by
6the Illinois Community College Board) upon showing evidence
7that he or she has completed, successfully, high school
8equivalency testing the high school level General Educational
9Development Tests, administered by the United States Armed
10Forces Institute, official high school equivalency testing
11centers GED Centers established in other states, or at
12Veterans' Administration Hospitals, or the office of the State
13Superintendent of Education administered for the Illinois
14State Penitentiary System and the Department of Corrections.
15Such applicant shall apply to the regional superintendent of
16the region wherein he or she has maintained residence, and,
17upon payment of a fee established by the Illinois Community
18College Board, the regional superintendent shall issue a high
19school equivalency certificate, and immediately thereafter
20certify to the Illinois Community College Board the score of
21the applicant and such other and additional information as may
22be required by the Illinois Community College Board.
23    Notwithstanding the provisions of this Section, any
24applicant who has been out of school for at least one year may
25request the regional superintendent of schools to administer
26the restricted high school equivalency testing GED test upon

 

 

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1written request of: the The director of a program who certifies
2to the Chief Examiner of an official high school equivalency
3testing GED center that the applicant has completed a program
4of instruction provided by such agencies as the Job Corps, the
5Postal Service Academy, or an apprenticeship training program;
6an employer or program director for purposes of entry into
7apprenticeship programs; another state's department of
8education State Department of Education in order to meet
9regulations established by that department of education; or
10Department of Education, a post high school educational
11institution for purposes of admission, the Department of
12Financial and Professional Regulation for licensing purposes,
13or the Armed Forces for induction purposes. The regional
14superintendent shall administer such testing, test and the
15applicant shall be notified in writing that he or she is
16eligible to receive a high school equivalency certificate the
17Illinois High School Equivalency Certificate upon reaching age
1817, provided he or she meets the standards established by the
19Illinois Community College Board.
20    Any test administered under this Section to an applicant
21who does not speak and understand English may at the discretion
22of the administering agency be given and answered in any
23language in which the test is printed. The regional
24superintendent of schools may waive any fees required by this
25Section in case of hardship.
26    In counties of over 3,000,000 population, a high school

 

 

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1equivalency GED certificate shall contain the signatures of the
2President of the Illinois Community College Board, the
3superintendent, president, or other chief executive officer of
4the institution where high school equivalency testing GED
5instruction occurred, and any other signatures authorized by
6the Illinois Community College Board.
7    The regional superintendent of schools shall furnish the
8Illinois Community College Board with any information that the
9Illinois Community College Board requests with regard to
10testing and certificates under this Section.
11(Source: P.A. 94-108, eff. 7-1-05; 95-609, eff. 6-1-08.)
 
12    (105 ILCS 5/10-22.20)  (from Ch. 122, par. 10-22.20)
13    Sec. 10-22.20. Classes for adults and youths whose
14schooling has been interrupted; conditions for State
15reimbursement; use of child care facilities.
16    (a) To establish special classes for the instruction (1) of
17persons of age 21 years or over, and (2) of persons less than
18age 21 and not otherwise in attendance in public school, for
19the purpose of providing adults in the community, and youths
20whose schooling has been interrupted, with such additional
21basic education, vocational skill training, and other
22instruction as may be necessary to increase their
23qualifications for employment or other means of self-support
24and their ability to meet their responsibilities as citizens,
25including courses of instruction regularly accepted for

 

 

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1graduation from elementary or high schools and for
2Americanization and high school equivalency testing review
3General Educational Development Review classes.
4    The board shall pay the necessary expenses of such classes
5out of school funds of the district, including costs of student
6transportation and such facilities or provision for child-care
7as may be necessary in the judgment of the board to permit
8maximum utilization of the courses by students with children,
9and other special needs of the students directly related to
10such instruction. The expenses thus incurred shall be subject
11to State reimbursement, as provided in this Section. The board
12may make a tuition charge for persons taking instruction who
13are not subject to State reimbursement, such tuition charge not
14to exceed the per capita cost of such classes.
15    The cost of such instruction, including the additional
16expenses herein authorized, incurred for recipients of
17financial aid under the Illinois Public Aid Code, or for
18persons for whom education and training aid has been authorized
19under Section 9-8 of that Code, shall be assumed in its
20entirety from funds appropriated by the State to the Illinois
21Community College Board.
22    (b) The Illinois Community College Board shall establish
23the standards for the courses of instruction reimbursed under
24this Section. The Illinois Community College Board shall
25supervise the administration of the programs. The Illinois
26Community College Board shall determine the cost of instruction

 

 

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1in accordance with standards established by the Illinois
2Community College Board, including therein other incidental
3costs as herein authorized, which shall serve as the basis of
4State reimbursement in accordance with the provisions of this
5Section. In the approval of programs and the determination of
6the cost of instruction, the Illinois Community College Board
7shall provide for the maximum utilization of federal funds for
8such programs. The Illinois Community College Board shall also
9provide for:
10        (1) the development of an index of need for program
11    planning and for area funding allocations, as defined by
12    the Illinois Community College Board;
13        (2) the method for calculating hours of instruction, as
14    defined by the Illinois Community College Board, claimable
15    for reimbursement and a method to phase in the calculation
16    and for adjusting the calculations in cases where the
17    services of a program are interrupted due to circumstances
18    beyond the control of the program provider;
19        (3) a plan for the reallocation of funds to increase
20    the amount allocated for grants based upon program
21    performance as set forth in subsection (d) below; and
22        (4) the development of standards for determining
23    grants based upon performance as set forth in subsection
24    (d) below and a plan for the phased-in implementation of
25    those standards.
26    For instruction provided by school districts and community

 

 

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1college districts beginning July 1, 1996 and thereafter,
2reimbursement provided by the Illinois Community College Board
3for classes authorized by this Section shall be provided from
4funds appropriated for the reimbursement criteria set forth in
5subsection (c) below.
6    (c) Upon the annual approval of the Illinois Community
7College Board, reimbursement shall be first provided for
8transportation, child care services, and other special needs of
9the students directly related to instruction and then from the
10funds remaining an amount equal to the product of the total
11credit hours or units of instruction approved by the Illinois
12Community College Board, multiplied by the following:
13        (1) For adult basic education, the maximum
14    reimbursement per credit hour or per unit of instruction
15    shall be equal to the general state aid per pupil
16    foundation level established in subsection (B) of Section
17    18-8.05, divided by 60;
18        (2) The maximum reimbursement per credit hour or per
19    unit of instruction in subparagraph (1) above shall be
20    weighted for students enrolled in classes defined as
21    vocational skills and approved by the Illinois Community
22    College Board by 1.25;
23        (3) The maximum reimbursement per credit hour or per
24    unit of instruction in subparagraph (1) above shall be
25    multiplied by .90 for students enrolled in classes defined
26    as adult secondary education programs and approved by the

 

 

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1    Illinois Community College Board;
2        (4) (Blank); and
3        (5) Funding for program years after 1999-2000 shall be
4    determined by the Illinois Community College Board.
5    (d) Upon its annual approval, the Illinois Community
6College Board shall provide grants to eligible programs for
7supplemental activities to improve or expand services under the
8Adult Education Act. Eligible programs shall be determined
9based upon performance outcomes of students in the programs as
10set by the Illinois Community College Board.
11    (e) Reimbursement under this Section shall not exceed the
12actual costs of the approved program.
13    If the amount appropriated to the Illinois Community
14College Board for reimbursement under this Section is less than
15the amount required under this Act, the apportionment shall be
16proportionately reduced.
17    School districts and community college districts may
18assess students up to $3.00 per credit hour, for classes other
19than Adult Basic Education level programs, if needed to meet
20program costs.
21    (f) An education plan shall be established for each adult
22or youth whose schooling has been interrupted and who is
23participating in the instructional programs provided under
24this Section.
25    Each school board and community college shall keep an
26accurate and detailed account of the students assigned to and

 

 

HB4336- 32 -LRB098 16126 NHT 51183 b

1receiving instruction under this Section who are subject to
2State reimbursement and shall submit reports of services
3provided commencing with fiscal year 1997 as required by the
4Illinois Community College Board.
5    For classes authorized under this Section, a credit hour or
6unit of instruction is equal to 15 hours of direct instruction
7for students enrolled in approved adult education programs at
8midterm and making satisfactory progress, in accordance with
9standards established by the Illinois Community College Board.
10    (g) Upon proof submitted to the Illinois Department of
11Human Services of the payment of all claims submitted under
12this Section, that Department shall apply for federal funds
13made available therefor and any federal funds so received shall
14be paid into the General Revenue Fund in the State Treasury.
15    School districts or community colleges providing classes
16under this Section shall submit applications to the Illinois
17Community College Board for preapproval in accordance with the
18standards established by the Illinois Community College Board.
19Payments shall be made by the Illinois Community College Board
20based upon approved programs. Interim expenditure reports may
21be required by the Illinois Community College Board. Final
22claims for the school year shall be submitted to the regional
23superintendents for transmittal to the Illinois Community
24College Board. Final adjusted payments shall be made by
25September 30.
26    If a school district or community college district fails to

 

 

HB4336- 33 -LRB098 16126 NHT 51183 b

1provide, or is providing unsatisfactory or insufficient
2classes under this Section, the Illinois Community College
3Board may enter into agreements with public or private
4educational or other agencies other than the public schools for
5the establishment of such classes.
6    (h) If a school district or community college district
7establishes child-care facilities for the children of
8participants in classes established under this Section, it may
9extend the use of these facilities to students who have
10obtained employment and to other persons in the community whose
11children require care and supervision while the parent or other
12person in charge of the children is employed or otherwise
13absent from the home during all or part of the day. It may make
14the facilities available before and after as well as during
15regular school hours to school age and preschool age children
16who may benefit thereby, including children who require care
17and supervision pending the return of their parent or other
18person in charge of their care from employment or other
19activity requiring absence from the home.
20    The Illinois Community College Board shall pay to the board
21the cost of care in the facilities for any child who is a
22recipient of financial aid under the Illinois Public Aid Code.
23    The board may charge for care of children for whom it
24cannot make claim under the provisions of this Section. The
25charge shall not exceed per capita cost, and to the extent
26feasible, shall be fixed at a level which will permit

 

 

HB4336- 34 -LRB098 16126 NHT 51183 b

1utilization by employed parents of low or moderate income. It
2may also permit any other State or local governmental agency or
3private agency providing care for children to purchase care.
4    After July 1, 1970 when the provisions of Section 10-20.20
5become operative in the district, children in a child-care
6facility shall be transferred to the kindergarten established
7under that Section for such portion of the day as may be
8required for the kindergarten program, and only the prorated
9costs of care and training provided in the Center for the
10remaining period shall be charged to the Illinois Department of
11Human Services or other persons or agencies paying for such
12care.
13    (i) The provisions of this Section shall also apply to
14school districts having a population exceeding 500,000.
15    (j) In addition to claiming reimbursement under this
16Section, a school district may claim general State aid under
17Section 18-8.05 for any student under age 21 who is enrolled in
18courses accepted for graduation from elementary or high school
19and who otherwise meets the requirements of Section 18-8.05.
20(Source: P.A. 95-331, eff. 8-21-07.)
 
21    (105 ILCS 5/13-40)  (from Ch. 122, par. 13-40)
22    Sec. 13-40. To increase the effectiveness of the Department
23of Juvenile Justice and thereby to better serve the interests
24of the people of Illinois the following bill is presented.
25    Its purpose is to enhance the quality and scope of

 

 

HB4336- 35 -LRB098 16126 NHT 51183 b

1education for inmates and wards within the Department of
2Juvenile Justice so that they will be better motivated and
3better equipped to restore themselves to constructive and law
4abiding lives in the community. The specific measure sought is
5the creation of a school district within the Department so that
6its educational programs can meet the needs of persons
7committed and so the resources of public education at the state
8and federal levels are best used, all of the same being
9contemplated within the provisions of the Illinois State
10Constitution of 1970 which provides that "A fundamental goal of
11the People of the State is the educational development of all
12persons to the limits of their capacities." Therefore, on July
131, 2006, the Department of Corrections school district shall be
14transferred to the Department of Juvenile Justice. It shall be
15responsible for the education of youth within the Department of
16Juvenile Justice and inmates age 21 or under within the
17Department of Corrections who have not yet earned a high school
18diploma or a high school equivalency General Educational
19Development (GED) certificate, and the said district may
20establish primary, secondary, vocational, adult, special, and
21advanced educational schools as provided in this Act. The
22Department of Corrections retains authority as provided for in
23subsection (d) of Section 3-6-2 of the Unified Code of
24Corrections. The Board of Education for this district shall
25with the aid and advice of professional educational personnel
26of the Department of Juvenile Justice and the State Board of

 

 

HB4336- 36 -LRB098 16126 NHT 51183 b

1Education determine the needs and type of schools and the
2curriculum for each school within the school district and may
3proceed to establish the same through existing means within
4present and future appropriations, federal and state school
5funds, vocational rehabilitation grants and funds and all other
6funds, gifts and grants, private or public, including federal
7funds, but not exclusive to the said sources but inclusive of
8all funds which might be available for school purposes.
9(Source: P.A. 94-696, eff. 6-1-06.)
 
10    (105 ILCS 5/13B-20.20)
11    Sec. 13B-20.20. Enrollment in other programs. High school
12equivalency testing General Educational Development
13preparation programs are not eligible for funding under this
14Article. A student may enroll in a program approved under
15Section 18-8.05 of this Code, as appropriate, or attend both
16the alternative learning opportunities program and the regular
17school program to enhance student performance and facilitate
18on-time graduation.
19(Source: P.A. 92-42, eff. 1-1-02.)
 
20    (105 ILCS 5/13B-30.15)
21    Sec. 13B-30.15. Statewide program evaluation of student
22outcomes. Alternative learning opportunities programs must be
23evaluated annually on a statewide basis. Indicators used to
24measure student outcomes for this evaluation may include

 

 

HB4336- 37 -LRB098 16126 NHT 51183 b

1program completion, elementary school graduation, high school
2graduation or passage of high school equivalency testing the
3General Educational Development test, attendance, the number
4of students involved in work-based learning activities, the
5number of students making an effective transition to the
6regular school program, further education or work, and
7improvement in the percentage of students enrolled in the
8sending school district or districts that meet State standards.
9(Source: P.A. 92-42, eff. 1-1-02.)
 
10    (105 ILCS 5/13B-85)
11    Sec. 13B-85. High school equivalency testing Test of
12General Educational Development. A student 16 years of age or
13over who satisfactorily completes an alternative learning
14opportunities program in accordance with school district
15guidelines and the Student Success Plan may take a high school
16equivalency test the Test of General Educational Development.
17(Source: P.A. 92-42, eff. 1-1-02.)
 
18    (105 ILCS 5/26-2)  (from Ch. 122, par. 26-2)
19    (Text of Section before amendment by P.A. 98-544)
20    Sec. 26-2. Enrolled pupils below 7 or over 17.
21    (a) Any person having custody or control of a child who is
22below the age of 7 years or is 17 years of age or above and who
23is enrolled in any of grades kindergarten through 12 in the
24public school shall cause him to attend the public school in

 

 

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1the district wherein he resides when it is in session during
2the regular school term, unless he is excused under paragraph
32, 3, 4, 5, or 6 of Section 26-1.
4    (b) A school district shall deny reenrollment in its
5secondary schools to any child 19 years of age or above who has
6dropped out of school and who could not, because of age and
7lack of credits, attend classes during the normal school year
8and graduate before his or her twenty-first birthday. A
9district may, however, enroll the child in a graduation
10incentives program under Section 26-16 of this Code or an
11alternative learning opportunities program established under
12Article 13B. No child shall be denied reenrollment for the
13above reasons unless the school district first offers the child
14due process as required in cases of expulsion under Section
1510-22.6. If a child is denied reenrollment after being provided
16with due process, the school district must provide counseling
17to that child and must direct that child to alternative
18educational programs, including adult education programs, that
19lead to graduation or receipt of a high school equivalency
20certificate GED diploma.
21    (c) A school or school district may deny enrollment to a
22student 17 years of age or older for one semester for failure
23to meet minimum academic standards if all of the following
24conditions are met:
25        (1) The student achieved a grade point average of less
26    than "D" (or its equivalent) in the semester immediately

 

 

HB4336- 39 -LRB098 16126 NHT 51183 b

1    prior to the current semester.
2        (2) The student and the student's parent or guardian
3    are given written notice warning that the student is
4    failing academically and is subject to denial from
5    enrollment for one semester unless a "D" average (or its
6    equivalent) or better is attained in the current semester.
7        (3) The parent or guardian is provided with the right
8    to appeal the notice, as determined by the State Board of
9    Education in accordance with due process.
10        (4) The student is provided with an academic
11    improvement plan and academic remediation services.
12        (5) The student fails to achieve a "D" average (or its
13    equivalent) or better in the current semester.
14    A school or school district may deny enrollment to a
15student 17 years of age or older for one semester for failure
16to meet minimum attendance standards if all of the following
17conditions are met:
18        (1) The student was absent without valid cause for 20%
19    or more of the attendance days in the semester immediately
20    prior to the current semester.
21        (2) The student and the student's parent or guardian
22    are given written notice warning that the student is
23    subject to denial from enrollment for one semester unless
24    the student is absent without valid cause less than 20% of
25    the attendance days in the current semester.
26        (3) The student's parent or guardian is provided with

 

 

HB4336- 40 -LRB098 16126 NHT 51183 b

1    the right to appeal the notice, as determined by the State
2    Board of Education in accordance with due process.
3        (4) The student is provided with attendance
4    remediation services, including without limitation
5    assessment, counseling, and support services.
6        (5) The student is absent without valid cause for 20%
7    or more of the attendance days in the current semester.
8    A school or school district may not deny enrollment to a
9student (or reenrollment to a dropout) who is at least 17 years
10of age or older but below 19 years for more than one
11consecutive semester for failure to meet academic or attendance
12standards.
13    (d) No child may be denied enrollment or reenrollment under
14this Section in violation of the Individuals with Disabilities
15Education Act or the Americans with Disabilities Act.
16    (e) In this subsection (e), "reenrolled student" means a
17dropout who has reenrolled full-time in a public school. Each
18school district shall identify, track, and report on the
19educational progress and outcomes of reenrolled students as a
20subset of the district's required reporting on all enrollments.
21A reenrolled student who again drops out must not be counted
22again against a district's dropout rate performance measure.
23The State Board of Education shall set performance standards
24for programs serving reenrolled students.
25    (f) The State Board of Education shall adopt any rules
26necessary to implement the changes to this Section made by

 

 

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1Public Act 93-803.
2(Source: P.A. 95-417, eff. 8-24-07.)
 
3    (Text of Section after amendment by P.A. 98-544)
4    Sec. 26-2. Enrolled pupils not of compulsory school age.
5    (a) For school years before the 2014-2015 school year, any
6person having custody or control of a child who is below the
7age of 7 years or is 17 years of age or above and who is
8enrolled in any of grades kindergarten through 12 in the public
9school shall cause him to attend the public school in the
10district wherein he resides when it is in session during the
11regular school term, unless he is excused under paragraph 2, 3,
124, 5, or 6 of Section 26-1. Beginning with the 2014-2015 school
13year, any person having custody or control of a child who is
14below the age of 6 years or is 17 years of age or above and who
15is enrolled in any of grades kindergarten through 12 in the
16public school shall cause the child to attend the public school
17in the district wherein he or she resides when it is in session
18during the regular school term, unless the child is excused
19under paragraph 2, 3, 4, 5, or 6 of Section 26-1 of this Code.
20    (b) A school district shall deny reenrollment in its
21secondary schools to any child 19 years of age or above who has
22dropped out of school and who could not, because of age and
23lack of credits, attend classes during the normal school year
24and graduate before his or her twenty-first birthday. A
25district may, however, enroll the child in a graduation

 

 

HB4336- 42 -LRB098 16126 NHT 51183 b

1incentives program under Section 26-16 of this Code or an
2alternative learning opportunities program established under
3Article 13B. No child shall be denied reenrollment for the
4above reasons unless the school district first offers the child
5due process as required in cases of expulsion under Section
610-22.6. If a child is denied reenrollment after being provided
7with due process, the school district must provide counseling
8to that child and must direct that child to alternative
9educational programs, including adult education programs, that
10lead to graduation or receipt of a high school equivalency
11certificate GED diploma.
12    (c) A school or school district may deny enrollment to a
13student 17 years of age or older for one semester for failure
14to meet minimum academic standards if all of the following
15conditions are met:
16        (1) The student achieved a grade point average of less
17    than "D" (or its equivalent) in the semester immediately
18    prior to the current semester.
19        (2) The student and the student's parent or guardian
20    are given written notice warning that the student is
21    failing academically and is subject to denial from
22    enrollment for one semester unless a "D" average (or its
23    equivalent) or better is attained in the current semester.
24        (3) The parent or guardian is provided with the right
25    to appeal the notice, as determined by the State Board of
26    Education in accordance with due process.

 

 

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1        (4) The student is provided with an academic
2    improvement plan and academic remediation services.
3        (5) The student fails to achieve a "D" average (or its
4    equivalent) or better in the current semester.
5    A school or school district may deny enrollment to a
6student 17 years of age or older for one semester for failure
7to meet minimum attendance standards if all of the following
8conditions are met:
9        (1) The student was absent without valid cause for 20%
10    or more of the attendance days in the semester immediately
11    prior to the current semester.
12        (2) The student and the student's parent or guardian
13    are given written notice warning that the student is
14    subject to denial from enrollment for one semester unless
15    the student is absent without valid cause less than 20% of
16    the attendance days in the current semester.
17        (3) The student's parent or guardian is provided with
18    the right to appeal the notice, as determined by the State
19    Board of Education in accordance with due process.
20        (4) The student is provided with attendance
21    remediation services, including without limitation
22    assessment, counseling, and support services.
23        (5) The student is absent without valid cause for 20%
24    or more of the attendance days in the current semester.
25    A school or school district may not deny enrollment to a
26student (or reenrollment to a dropout) who is at least 17 years

 

 

HB4336- 44 -LRB098 16126 NHT 51183 b

1of age or older but below 19 years for more than one
2consecutive semester for failure to meet academic or attendance
3standards.
4    (d) No child may be denied enrollment or reenrollment under
5this Section in violation of the Individuals with Disabilities
6Education Act or the Americans with Disabilities Act.
7    (e) In this subsection (e), "reenrolled student" means a
8dropout who has reenrolled full-time in a public school. Each
9school district shall identify, track, and report on the
10educational progress and outcomes of reenrolled students as a
11subset of the district's required reporting on all enrollments.
12A reenrolled student who again drops out must not be counted
13again against a district's dropout rate performance measure.
14The State Board of Education shall set performance standards
15for programs serving reenrolled students.
16    (f) The State Board of Education shall adopt any rules
17necessary to implement the changes to this Section made by
18Public Act 93-803.
19(Source: P.A. 98-544, eff. 7-1-14.)
 
20    (105 ILCS 5/26-16)
21    Sec. 26-16. Graduation incentives program.
22    (a) The General Assembly finds that it is critical to
23provide options for children to succeed in school. The purpose
24of this Section is to provide incentives for and encourage all
25Illinois students who have experienced or are experiencing

 

 

HB4336- 45 -LRB098 16126 NHT 51183 b

1difficulty in the traditional education system to enroll in
2alternative programs.
3    (b) Any student who is below the age of 20 years is
4eligible to enroll in a graduation incentives program if he or
5she:
6        (1) is considered a dropout pursuant to Section 26-2a
7    of this Code;
8        (2) has been suspended or expelled pursuant to Section
9    10-22.6 or 34-19 of this Code;
10        (3) is pregnant or is a parent;
11        (4) has been assessed as chemically dependent; or
12        (5) is enrolled in a bilingual education or LEP
13    program.
14    (c) The following programs qualify as graduation
15incentives programs for students meeting the criteria
16established in this Section:
17        (1) Any public elementary or secondary education
18    graduation incentives program established by a school
19    district or by a regional office of education.
20        (2) Any alternative learning opportunities program
21    established pursuant to Article 13B of this Code.
22        (3) Vocational or job training courses approved by the
23    State Superintendent of Education that are available
24    through the Illinois public community college system.
25    Students may apply for reimbursement of 50% of tuition
26    costs for one course per semester or a maximum of 3 courses

 

 

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1    per school year. Subject to available funds, students may
2    apply for reimbursement of up to 100% of tuition costs upon
3    a showing of employment within 6 months after completion of
4    a vocational or job training program. The qualifications
5    for reimbursement shall be established by the State
6    Superintendent of Education by rule.
7        (4) Job and career programs approved by the State
8    Superintendent of Education that are available through
9    Illinois-accredited private business and vocational
10    schools. Subject to available funds, pupils may apply for
11    reimbursement of up to 100% of tuition costs upon a showing
12    of employment within 6 months after completion of a job or
13    career program. The State Superintendent of Education
14    shall establish, by rule, the qualifications for
15    reimbursement, criteria for determining reimbursement
16    amounts, and limits on reimbursement.
17        (5) Adult education courses that offer preparation for
18    high school equivalency testing the General Educational
19    Development Test.
20    (d) Graduation incentives programs established by school
21districts are entitled to claim general State aid, subject to
22Sections 13B-50, 13B-50.5, and 13B-50.10 of this Code.
23Graduation incentives programs operated by regional offices of
24education are entitled to receive general State aid at the
25foundation level of support per pupil enrolled. A school
26district must ensure that its graduation incentives program

 

 

HB4336- 47 -LRB098 16126 NHT 51183 b

1receives supplemental general State aid, transportation
2reimbursements, and special education resources, if
3appropriate, for students enrolled in the program.
4(Source: P.A. 93-858, eff. 1-1-05; 93-1079, eff. 1-21-05.)
 
5    Section 40. The Adult Education Act is amended by changing
6Section 3-1 as follows:
 
7    (105 ILCS 405/3-1)  (from Ch. 122, par. 203-1)
8    Sec. 3-1. Apportionment for Adult Education Courses. Any
9school district maintaining adult education classes for the
10instruction of persons over 21 years of age and youths under 21
11years of age whose schooling has been interrupted shall be
12entitled to claim an apportionment in accordance with the
13provisions of Section 10-22.20 of the School Code and Section
142-4 of this Act. Any public community college district
15maintaining adult education classes for the instruction of
16persons over 21 years of age and youths under 21 years of age
17whose schooling has been interrupted shall be entitled to claim
18an apportionment in accordance with the provisions of Section
192-16.02 of the Public Community College Act.
20    Reimbursement as herein provided shall be limited to
21courses regularly accepted for graduation from elementary or
22high schools and for Americanization and high school
23equivalency testing review General Educational Development
24Review classes which are approved by the Board.

 

 

HB4336- 48 -LRB098 16126 NHT 51183 b

1    If the amount appropriated for this purpose is less than
2the amount required under the provisions of this Section, the
3apportionment for local districts shall be proportionately
4reduced.
5(Source: P.A. 93-21, eff. 7-1-03.)
 
6    Section 45. The University of Illinois Act is amended by
7changing Section 8 as follows:
 
8    (110 ILCS 305/8)  (from Ch. 144, par. 29)
9    Sec. 8. Admissions.
10    (a) (Blank).
11    (b) In addition, commencing in the fall of 1993, no new
12student shall then or thereafter be admitted to instruction in
13any of the departments or colleges of the University unless
14such student also has satisfactorily completed:
15        (1) at least 15 units of high school coursework from
16    the following 5 categories:
17            (A) 4 years of English (emphasizing written and
18        oral communications and literature), of which up to 2
19        years may be collegiate level instruction;
20            (B) 3 years of social studies (emphasizing history
21        and government);
22            (C) 3 years of mathematics (introductory through
23        advanced algebra, geometry, trigonometry, or
24        fundamentals of computer programming);

 

 

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1            (D) 3 years of science (laboratory sciences); and
2            (E) 2 years of electives in foreign language (which
3        may be deemed to include American Sign Language),
4        music, vocational education or art;
5        (2) except that institutions may admit individual
6    applicants if the institution determines through
7    assessment or through evaluation based on learning
8    outcomes of the coursework taken, including vocational
9    education courses and courses taken in a charter school
10    established under Article 27A of the School Code, that the
11    applicant demonstrates knowledge and skills substantially
12    equivalent to the knowledge and skills expected to be
13    acquired in the high school courses required for admission.
14    The Board of Trustees of the University of Illinois shall
15    not discriminate in the University's admissions process
16    against an applicant for admission because of the
17    applicant's enrollment in a charter school established
18    under Article 27A of the School Code. Institutions may also
19    admit 1) applicants who did not have an opportunity to
20    complete the minimum college preparatory curriculum in
21    high school, and 2) educationally disadvantaged applicants
22    who are admitted to the formal organized special assistance
23    programs that are tailored to the needs of such students,
24    providing that in either case, the institution
25    incorporates in the applicant's baccalaureate curriculum
26    courses or other academic activities that compensate for

 

 

HB4336- 50 -LRB098 16126 NHT 51183 b

1    course deficiencies; and
2        (3) except that up to 3 of the 15 units of coursework
3    required by paragraph (1) of this subsection may be
4    distributed by deducting no more than one unit each from
5    the categories of social studies, mathematics, sciences
6    and electives and completing those 3 units in any of the 5
7    categories of coursework described in paragraph (1).
8    (c) When allocating funds, local boards of education shall
9recognize their obligation to their students to offer the
10coursework required by subsection (b).
11    (d) A student who has graduated from high school and has
12scored within the University's accepted range on the ACT or SAT
13shall not be required to take a high school equivalency test
14the high school level General Educational Development (GED)
15Test as a prerequisite to admission.
16(Source: P.A. 96-203, eff. 8-10-09; 96-843, eff. 6-1-10;
1796-1000, eff. 7-2-10.)
 
18    Section 50. The Southern Illinois University Management
19Act is amended by changing Section 8e as follows:
 
20    (110 ILCS 520/8e)  (from Ch. 144, par. 658e)
21    Sec. 8e. Admissions.
22    (a) Commencing in the fall of 1993, no new student shall
23then or thereafter be admitted to instruction in any of the
24departments or colleges of the University unless such student

 

 

HB4336- 51 -LRB098 16126 NHT 51183 b

1also has satisfactorily completed:
2        (1) at least 15 units of high school coursework from
3    the following 5 categories:
4            (A) 4 years of English (emphasizing written and
5        oral communications and literature), of which up to 2
6        years may be collegiate level instruction;
7            (B) 3 years of social studies (emphasizing history
8        and government);
9            (C) 3 years of mathematics (introductory through
10        advanced algebra, geometry, trigonometry, or
11        fundamentals of computer programming);
12            (D) 3 years of science (laboratory sciences); and
13            (E) 2 years of electives in foreign language (which
14        may be deemed to include American Sign Language),
15        music, vocational education or art;
16        (2) except that institutions may admit individual
17    applicants if the institution determines through
18    assessment or through evaluation based on learning
19    outcomes of the coursework taken, including vocational
20    education courses and courses taken in a charter school
21    established under Article 27A of the School Code, that the
22    applicant demonstrates knowledge and skills substantially
23    equivalent to the knowledge and skills expected to be
24    acquired in the high school courses required for admission.
25    The Board of Trustees of Southern Illinois University shall
26    not discriminate in the University's admissions process

 

 

HB4336- 52 -LRB098 16126 NHT 51183 b

1    against an applicant for admission because of the
2    applicant's enrollment in a charter school established
3    under Article 27A of the School Code. Institutions may also
4    admit 1) applicants who did not have an opportunity to
5    complete the minimum college preparatory curriculum in
6    high school, and 2) educationally disadvantaged applicants
7    who are admitted to the formal organized special assistance
8    programs that are tailored to the needs of such students,
9    providing that in either case, the institution
10    incorporates in the applicant's baccalaureate curriculum
11    courses or other academic activities that compensate for
12    course deficiencies; and
13        (3) except that up to 3 of 15 units of coursework
14    required by paragraph (1) of this subsection may be
15    distributed by deducting no more than one unit each from
16    the categories of social studies, mathematics, sciences
17    and electives and completing those 3 units in any of the 5
18    categories of coursework described in paragraph (1).
19    (b) When allocating funds, local boards of education shall
20recognize their obligation to their students to offer the
21coursework required by subsection (a).
22    (c) A student who has graduated from high school and has
23scored within the University's accepted range on the ACT or SAT
24shall not be required to take a high school equivalency test
25the high school level General Educational Development (GED)
26Test as a prerequisite to admission.

 

 

HB4336- 53 -LRB098 16126 NHT 51183 b

1(Source: P.A. 96-843, eff. 6-1-10; 96-1000, eff. 7-2-10.)
 
2    Section 55. The Chicago State University Law is amended by
3changing Section 5-85 as follows:
 
4    (110 ILCS 660/5-85)
5    Sec. 5-85. Admission requirements.
6    (a) No new student shall be admitted to instruction in any
7of the departments or colleges of the Chicago State University
8unless such student also has satisfactorily completed:
9        (1) at least 15 units of high school coursework from
10    the following 5 categories:
11            (A) 4 years of English (emphasizing written and
12        oral communications and literature), of which up to 2
13        years may be collegiate level instruction;
14            (B) 3 years of social studies (emphasizing history
15        and government);
16            (C) 3 years of mathematics (introductory through
17        advanced algebra, geometry, trigonometry, or
18        fundamentals of computer programming);
19            (D) 3 years of science (laboratory sciences); and
20            (E) 2 years of electives in foreign language (which
21        may be deemed to include American Sign Language),
22        music, vocational education or art;
23        (2) except that Chicago State University may admit
24    individual applicants if it determines through assessment

 

 

HB4336- 54 -LRB098 16126 NHT 51183 b

1    or through evaluation based on learning outcomes of the
2    coursework taken, including vocational education courses
3    and courses taken in a charter school established under
4    Article 27A of the School Code, that the applicant
5    demonstrates knowledge and skills substantially equivalent
6    to the knowledge and skills expected to be acquired in the
7    high school courses required for admission. The Board of
8    Trustees of Chicago State University shall not
9    discriminate in the University's admissions process
10    against an applicant for admission because of the
11    applicant's enrollment in a charter school established
12    under Article 27A of the School Code. Chicago State
13    University may also admit (i) applicants who did not have
14    an opportunity to complete the minimum college preparatory
15    curriculum in high school, and (ii) educationally
16    disadvantaged applicants who are admitted to the formal
17    organized special assistance programs that are tailored to
18    the needs of such students, providing that in either case,
19    the institution incorporates in the applicant's
20    baccalaureate curriculum courses or other academic
21    activities that compensate for course deficiencies; and
22        (3) except that up to 3 of 15 units of coursework
23    required by paragraph (1) of this subsection may be
24    distributed by deducting no more than one unit each from
25    the categories of social studies, mathematics, sciences
26    and electives and completing those 3 units in any of the 5

 

 

HB4336- 55 -LRB098 16126 NHT 51183 b

1    categories of coursework described in paragraph (1).
2    (b) When allocating funds, local boards of education shall
3recognize their obligation to their students to offer the
4coursework required by subsection (a).
5    (c) A student who has graduated from high school and has
6scored within the University's accepted range on the ACT or SAT
7shall not be required to take a high school equivalency test
8the high school level General Educational Development (GED)
9Test as a prerequisite to admission.
10(Source: P.A. 96-843, eff. 6-1-10; 96-1000, eff. 7-2-10.)
 
11    Section 60. The Eastern Illinois University Law is amended
12by changing Section 10-85 as follows:
 
13    (110 ILCS 665/10-85)
14    Sec. 10-85. Admission requirements.
15    (a) No new student shall be admitted to instruction in any
16of the departments or colleges of the Eastern Illinois
17University unless such student also has satisfactorily
18completed:
19        (1) at least 15 units of high school coursework from
20    the following 5 categories:
21            (A) 4 years of English (emphasizing written and
22        oral communications and literature), of which up to 2
23        years may be collegiate level instruction;
24            (B) 3 years of social studies (emphasizing history

 

 

HB4336- 56 -LRB098 16126 NHT 51183 b

1        and government);
2            (C) 3 years of mathematics (introductory through
3        advanced algebra, geometry, trigonometry, or
4        fundamentals of computer programming);
5            (D) 3 years of science (laboratory sciences); and
6            (E) 2 years of electives in foreign language (which
7        may be deemed to include American Sign Language),
8        music, vocational education or art;
9        (2) except that Eastern Illinois University may admit
10    individual applicants if it determines through assessment
11    or through evaluation based on learning outcomes of the
12    coursework taken, including vocational education courses
13    and courses taken in a charter school established under
14    Article 27A of the School Code, that the applicant
15    demonstrates knowledge and skills substantially equivalent
16    to the knowledge and skills expected to be acquired in the
17    high school courses required for admission. The Board of
18    Trustees of Eastern Illinois University shall not
19    discriminate in the University's admissions process
20    against an applicant for admission because of the
21    applicant's enrollment in a charter school established
22    under Article 27A of the School Code. Eastern Illinois
23    University may also admit (i) applicants who did not have
24    an opportunity to complete the minimum college preparatory
25    curriculum in high school, and (ii) educationally
26    disadvantaged applicants who are admitted to the formal

 

 

HB4336- 57 -LRB098 16126 NHT 51183 b

1    organized special assistance programs that are tailored to
2    the needs of such students, providing that in either case,
3    the institution incorporates in the applicant's
4    baccalaureate curriculum courses or other academic
5    activities that compensate for course deficiencies; and
6        (3) except that up to 3 of 15 units of coursework
7    required by paragraph (1) of this subsection may be
8    distributed by deducting no more than one unit each from
9    the categories of social studies, mathematics, sciences
10    and electives and completing those 3 units in any of the 5
11    categories of coursework described in paragraph (1).
12    (b) When allocating funds, local boards of education shall
13recognize their obligation to their students to offer the
14coursework required by subsection (a).
15    (c) A student who has graduated from high school and has
16scored within the University's accepted range on the ACT or SAT
17shall not be required to take a high school equivalency test
18the high school level General Educational Development (GED)
19Test as a prerequisite to admission.
20(Source: P.A. 96-843, eff. 6-1-10; 96-1000, eff. 7-2-10.)
 
21    Section 65. The Governors State University Law is amended
22by changing Section 15-85 as follows:
 
23    (110 ILCS 670/15-85)
24    Sec. 15-85. Admission requirements.

 

 

HB4336- 58 -LRB098 16126 NHT 51183 b

1    (a) No new student shall be admitted to instruction in any
2of the departments or colleges of the Governors State
3University unless such student also has satisfactorily
4completed:
5        (1) at least 15 units of high school coursework from
6    the following 5 categories:
7            (A) 4 years of English (emphasizing written and
8        oral communications and literature), of which up to 2
9        years may be collegiate level instruction;
10            (B) 3 years of social studies (emphasizing history
11        and government);
12            (C) 3 years of mathematics (introductory through
13        advanced algebra, geometry, trigonometry, or
14        fundamentals of computer programming);
15            (D) 3 years of science (laboratory sciences); and
16            (E) 2 years of electives in foreign language (which
17        may be deemed to include American Sign Language),
18        music, vocational education or art;
19        (2) except that Governors State University may admit
20    individual applicants if it determines through assessment
21    or through evaluation based on learning outcomes of the
22    coursework taken, including vocational education courses
23    and courses taken in a charter school established under
24    Article 27A of the School Code, that the applicant
25    demonstrates knowledge and skills substantially equivalent
26    to the knowledge and skills expected to be acquired in the

 

 

HB4336- 59 -LRB098 16126 NHT 51183 b

1    high school courses required for admission. The Board of
2    Trustees of Governors State University shall not
3    discriminate in the University's admissions process
4    against an applicant for admission because of the
5    applicant's enrollment in a charter school established
6    under Article 27A of the School Code. Governors State
7    University may also admit (i) applicants who did not have
8    an opportunity to complete the minimum college preparatory
9    curriculum in high school, and (ii) educationally
10    disadvantaged applicants who are admitted to the formal
11    organized special assistance programs that are tailored to
12    the needs of such students, providing that in either case,
13    the institution incorporates in the applicant's
14    baccalaureate curriculum courses or other academic
15    activities that compensate for course deficiencies; and
16        (3) except that up to 3 of 15 units of coursework
17    required by paragraph (1) of this subsection may be
18    distributed by deducting no more than one unit each from
19    the categories of social studies, mathematics, sciences
20    and electives and completing those 3 units in any of the 5
21    categories of coursework described in paragraph (1).
22    (b) When allocating funds, local boards of education shall
23recognize their obligation to their students to offer the
24coursework required by subsection (a).
25    (c) A student who has graduated from high school and has
26scored within the University's accepted range on the ACT or SAT

 

 

HB4336- 60 -LRB098 16126 NHT 51183 b

1shall not be required to take a high school equivalency test
2the high school level General Educational Development (GED)
3Test as a prerequisite to admission.
4(Source: P.A. 96-843, eff. 6-1-10; 96-1000, eff. 7-2-10.)
 
5    Section 70. The Illinois State University Law is amended by
6changing Section 20-85 as follows:
 
7    (110 ILCS 675/20-85)
8    Sec. 20-85. Admission requirements.
9    (a) No new student shall be admitted to instruction in any
10of the departments or colleges of the Illinois State University
11unless such student also has satisfactorily completed:
12        (1) at least 15 units of high school coursework from
13    the following 5 categories:
14            (A) 4 years of English (emphasizing written and
15        oral communications and literature), of which up to 2
16        years may be collegiate level instruction;
17            (B) 3 years of social studies (emphasizing history
18        and government);
19            (C) 3 years of mathematics (introductory through
20        advanced algebra, geometry, trigonometry, or
21        fundamentals of computer programming);
22            (D) 3 years of science (laboratory sciences); and
23            (E) 2 years of electives in foreign language (which
24        may be deemed to include American Sign Language),

 

 

HB4336- 61 -LRB098 16126 NHT 51183 b

1        music, vocational education or art;
2        (2) except that Illinois State University may admit
3    individual applicants if it determines through assessment
4    or through evaluation based on learning outcomes of the
5    coursework taken, including vocational education courses
6    and courses taken in a charter school established under
7    Article 27A of the School Code, that the applicant
8    demonstrates knowledge and skills substantially equivalent
9    to the knowledge and skills expected to be acquired in the
10    high school courses required for admission. The Board of
11    Trustees of Illinois State University shall not
12    discriminate in the University's admissions process
13    against an applicant for admission because of the
14    applicant's enrollment in a charter school established
15    under Article 27A of the School Code. Illinois State
16    University may also admit (i) applicants who did not have
17    an opportunity to complete the minimum college preparatory
18    curriculum in high school, and (ii) educationally
19    disadvantaged applicants who are admitted to the formal
20    organized special assistance programs that are tailored to
21    the needs of such students, providing that in either case,
22    the institution incorporates in the applicant's
23    baccalaureate curriculum courses or other academic
24    activities that compensate for course deficiencies; and
25        (3) except that up to 3 of 15 units of coursework
26    required by paragraph (1) of this subsection may be

 

 

HB4336- 62 -LRB098 16126 NHT 51183 b

1    distributed by deducting no more than one unit each from
2    the categories of social studies, mathematics, sciences
3    and electives and completing those 3 units in any of the 5
4    categories of coursework described in paragraph (1).
5    (b) When allocating funds, local boards of education shall
6recognize their obligation to their students to offer the
7coursework required by subsection (a).
8    (c) A student who has graduated from high school and has
9scored within the University's accepted range on the ACT or SAT
10shall not be required to take a high school equivalency test
11the high school level General Educational Development (GED)
12Test as a prerequisite to admission.
13(Source: P.A. 96-843, eff. 6-1-10; 96-1000, eff. 7-2-10.)
 
14    Section 75. The Northeastern Illinois University Law is
15amended by changing Section 25-85 as follows:
 
16    (110 ILCS 680/25-85)
17    Sec. 25-85. Admission requirements.
18    (a) No new student shall be admitted to instruction in any
19of the departments or colleges of the Northeastern Illinois
20University unless such student also has satisfactorily
21completed:
22        (1) at least 15 units of high school coursework from
23    the following 5 categories:
24            (A) 4 years of English (emphasizing written and

 

 

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1        oral communications and literature), of which up to 2
2        years may be collegiate level instruction;
3            (B) 3 years of social studies (emphasizing history
4        and government);
5            (C) 3 years of mathematics (introductory through
6        advanced algebra, geometry, trigonometry, or
7        fundamentals of computer programming);
8            (D) 3 years of science (laboratory sciences); and
9            (E) 2 years of electives in foreign language (which
10        may be deemed to include American Sign Language),
11        music, vocational education or art;
12        (2) except that Northeastern Illinois University may
13    admit individual applicants if it determines through
14    assessment or through evaluation based on learning
15    outcomes of the coursework taken, including vocational
16    education courses and courses taken in a charter school
17    established under Article 27A of the School Code, that the
18    applicant demonstrates knowledge and skills substantially
19    equivalent to the knowledge and skills expected to be
20    acquired in the high school courses required for admission.
21    The Board of Trustees of Northeastern Illinois University
22    shall not discriminate in the University's admissions
23    process against an applicant for admission because of the
24    applicant's enrollment in a charter school established
25    under Article 27A of the School Code. Northeastern Illinois
26    University may also admit (i) applicants who did not have

 

 

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1    an opportunity to complete the minimum college preparatory
2    curriculum in high school, and (ii) educationally
3    disadvantaged applicants who are admitted to the formal
4    organized special assistance programs that are tailored to
5    the needs of such students, providing that in either case,
6    the institution incorporates in the applicant's
7    baccalaureate curriculum courses or other academic
8    activities that compensate for course deficiencies; and
9        (3) except that up to 3 of 15 units of coursework
10    required by paragraph (1) of this subsection may be
11    distributed by deducting no more than one unit each from
12    the categories of social studies, mathematics, sciences
13    and electives and completing those 3 units in any of the 5
14    categories of coursework described in paragraph (1).
15    (b) When allocating funds, local boards of education shall
16recognize their obligation to their students to offer the
17coursework required by subsection (a).
18    (c) A student who has graduated from high school and has
19scored within the University's accepted range on the ACT or SAT
20shall not be required to take a high school equivalency test
21the high school level General Educational Development (GED)
22Test as a prerequisite to admission.
23(Source: P.A. 96-843, eff. 6-1-10; 96-1000, eff. 7-2-10.)
 
24    Section 80. The Northern Illinois University Law is amended
25by changing Section 30-85 as follows:
 

 

 

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1    (110 ILCS 685/30-85)
2    Sec. 30-85. Admission requirements.
3    (a) No new student shall be admitted to instruction in any
4of the departments or colleges of the Northern Illinois
5University unless such student also has satisfactorily
6completed:
7        (1) at least 15 units of high school coursework from
8    the following 5 categories:
9            (A) 4 years of English (emphasizing written and
10        oral communications and literature), of which up to 2
11        years may be collegiate level instruction;
12            (B) 3 years of social studies (emphasizing history
13        and government);
14            (C) 3 years of mathematics (introductory through
15        advanced algebra, geometry, trigonometry, or
16        fundamentals of computer programming);
17            (D) 3 years of science (laboratory sciences); and
18            (E) 2 years of electives in foreign language (which
19        may be deemed to include American Sign Language),
20        music, vocational education or art;
21        (2) except that Northern Illinois University may admit
22    individual applicants if it determines through assessment
23    or through evaluation based on learning outcomes of the
24    coursework taken, including vocational education courses
25    and courses taken in a charter school established under

 

 

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1    Article 27A of the School Code, that the applicant
2    demonstrates knowledge and skills substantially equivalent
3    to the knowledge and skills expected to be acquired in the
4    high school courses required for admission. The Board of
5    Trustees of Northern Illinois University shall not
6    discriminate in the University's admissions process
7    against an applicant for admission because of the
8    applicant's enrollment in a charter school established
9    under Article 27A of the School Code. Northern Illinois
10    University may also admit (i) applicants who did not have
11    an opportunity to complete the minimum college preparatory
12    curriculum in high school, and (ii) educationally
13    disadvantaged applicants who are admitted to the formal
14    organized special assistance programs that are tailored to
15    the needs of such students, providing that in either case,
16    the institution incorporates in the applicant's
17    baccalaureate curriculum courses or other academic
18    activities that compensate for course deficiencies; and
19        (3) except that up to 3 of 15 units of coursework
20    required by paragraph (1) of this subsection may be
21    distributed by deducting no more than one unit each from
22    the categories of social studies, mathematics, sciences
23    and electives and completing those 3 units in any of the 5
24    categories of coursework described in paragraph (1).
25    (b) When allocating funds, local boards of education shall
26recognize their obligation to their students to offer the

 

 

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1coursework required by subsection (a).
2    (c) A student who has graduated from high school and has
3scored within the University's accepted range on the ACT or SAT
4shall not be required to take a high school equivalency test
5the high school level General Educational Development (GED)
6Test as a prerequisite to admission.
7(Source: P.A. 96-843, eff. 6-1-10; 96-1000, eff. 7-2-10.)
 
8    Section 85. The Western Illinois University Law is amended
9by changing Section 35-85 as follows:
 
10    (110 ILCS 690/35-85)
11    Sec. 35-85. Admission requirements.
12    (a) No new student shall be admitted to instruction in any
13of the departments or colleges of the Western Illinois
14University unless such student also has satisfactorily
15completed:
16        (1) at least 15 units of high school coursework from
17    the following 5 categories:
18            (A) 4 years of English (emphasizing written and
19        oral communications and literature), of which up to 2
20        years may be collegiate level instruction;
21            (B) 3 years of social studies (emphasizing history
22        and government);
23            (C) 3 years of mathematics (introductory through
24        advanced algebra, geometry, trigonometry, or

 

 

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1        fundamentals of computer programming);
2            (D) 3 years of science (laboratory sciences); and
3            (E) 2 years of electives in foreign language (which
4        may be deemed to include American Sign Language),
5        music, vocational education or art;
6        (2) except that Western Illinois University may admit
7    individual applicants if it determines through assessment
8    or through evaluation based on learning outcomes of the
9    coursework taken, including vocational education courses
10    and courses taken in a charter school established under
11    Article 27A of the School Code, that the applicant
12    demonstrates knowledge and skills substantially equivalent
13    to the knowledge and skills expected to be acquired in the
14    high school courses required for admission. The Board of
15    Trustees of Western Illinois University shall not
16    discriminate in the University's admissions process
17    against an applicant for admission because of the
18    applicant's enrollment in a charter school established
19    under Article 27A of the School Code. Western Illinois
20    University may also admit (i) applicants who did not have
21    an opportunity to complete the minimum college preparatory
22    curriculum in high school, and (ii) educationally
23    disadvantaged applicants who are admitted to the formal
24    organized special assistance programs that are tailored to
25    the needs of such students, providing that in either case,
26    the institution incorporates in the applicant's

 

 

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1    baccalaureate curriculum courses or other academic
2    activities that compensate for course deficiencies; and
3        (3) except that up to 3 of 15 units of coursework
4    required by paragraph (1) of this subsection may be
5    distributed by deducting no more than one unit each from
6    the categories of social studies, mathematics, sciences
7    and electives and completing those 3 units in any of the 5
8    categories of coursework described in paragraph (1).
9    (b) When allocating funds, local boards of education shall
10recognize their obligation to their students to offer the
11coursework required by subsection (a).
12    (c) A student who has graduated from high school and has
13scored within the University's accepted range on the ACT or SAT
14shall not be required to take a high school equivalency test
15the high school level General Educational Development (GED)
16Test as a prerequisite to admission.
17(Source: P.A. 96-843, eff. 6-1-10; 96-1000, eff. 7-2-10.)
 
18    Section 90. The Public Community College Act is amended by
19changing Sections 2-12 and 3-17 as follows:
 
20    (110 ILCS 805/2-12)  (from Ch. 122, par. 102-12)
21    Sec. 2-12. The State Board shall have the power and it
22shall be its duty:
23    (a) To provide statewide planning for community colleges as
24institutions of higher education and co-ordinate the programs,

 

 

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1services and activities of all community colleges in the State
2so as to encourage and establish a system of locally initiated
3and administered comprehensive community colleges.
4    (b) To organize and conduct feasibility surveys for new
5community colleges or for the inclusion of existing
6institutions as community colleges and the locating of new
7institutions.
8    (c) To approve all locally funded capital projects for
9which no State monies are required, in accordance with
10standards established by rule.
11    (d) To cooperate with the community colleges in continuing
12studies of student characteristics, admission standards,
13grading policies, performance of transfer students,
14qualification and certification of facilities and any other
15problem of community college education.
16    (e) To enter into contracts with other governmental
17agencies and eligible providers, such as local educational
18agencies, community-based organizations of demonstrated
19effectiveness, volunteer literacy organizations of
20demonstrated effectiveness, institutions of higher education,
21public and private nonprofit agencies, libraries, and public
22housing authorities; to accept federal funds and to plan with
23other State agencies when appropriate for the allocation of
24such federal funds for instructional programs and student
25services including such funds for adult education and adult
26literacy, vocational and technical education, and retraining

 

 

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1as may be allocated by state and federal agencies for the aid
2of community colleges. To receive, receipt for, hold in trust,
3expend and administer, for all purposes of this Act, funds and
4other aid made available by the federal government or by other
5agencies public or private, subject to appropriation by the
6General Assembly. The changes to this subdivision (e) made by
7this amendatory Act of the 91st General Assembly apply on and
8after July 1, 2001.
9    (f) To determine efficient and adequate standards for
10community colleges for the physical plant, heating, lighting,
11ventilation, sanitation, safety, equipment and supplies,
12instruction and teaching, curriculum, library, operation,
13maintenance, administration and supervision, and to grant
14recognition certificates to community colleges meeting such
15standards.
16    (g) To determine the standards for establishment of
17community colleges and the proper location of the site in
18relation to existing institutions of higher education offering
19academic, occupational and technical training curricula,
20possible enrollment, assessed valuation, industrial, business,
21agricultural, and other conditions reflecting educational
22needs in the area to be served; however, no community college
23may be considered as being recognized nor may the establishment
24of any community college be authorized in any district which
25shall be deemed inadequate for the maintenance, in accordance
26with the desirable standards thus determined, of a community

 

 

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1college offering the basic subjects of general education and
2suitable vocational and semiprofessional and technical
3curricula.
4    (h) To approve or disapprove new units of instruction,
5research or public service as defined in Section 3-25.1 of this
6Act submitted by the boards of trustees of the respective
7community college districts of this State. The State Board may
8discontinue programs which fail to reflect the educational
9needs of the area being served. The community college district
10shall be granted 60 days following the State Board staff
11recommendation and prior to the State Board's action to respond
12to concerns regarding the program in question. If the State
13Board acts to abolish a community college program, the
14community college district has a right to appeal the decision
15in accordance with administrative rules promulgated by the
16State Board under the provisions of the Illinois Administrative
17Procedure Act.
18    (i) To participate in, to recommend approval or
19disapproval, and to assist in the coordination of the programs
20of community colleges participating in programs of
21interinstitutional cooperation with other public or nonpublic
22institutions of higher education. If the State Board does not
23approve a particular cooperative agreement, the community
24college district has a right to appeal the decision in
25accordance with administrative rules promulgated by the State
26Board under the provisions of the Illinois Administrative

 

 

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1Procedure Act.
2    (j) To establish guidelines regarding sabbatical leaves.
3    (k) To establish guidelines for the admission into special,
4appropriate programs conducted or created by community
5colleges for elementary and secondary school dropouts who have
6received truant status from the school districts of this State
7in compliance with Section 26-14 of The School Code.
8    (l) The Community College Board shall conduct a study of
9community college teacher education courses to determine how
10the community college system can increase its participation in
11the preparation of elementary and secondary teachers.
12    (m) To establish by July 1, 1997 uniform financial
13accounting and reporting standards and principles for
14community colleges and develop procedures and systems for
15community colleges for reporting financial data to the State
16Board.
17    (n) To create and participate in the conduct and operation
18of any corporation, joint venture, partnership, association,
19or other organizational entity that has the power: (i) to
20acquire land, buildings, and other capital equipment for the
21use and benefit of the community colleges or their students;
22(ii) to accept gifts and make grants for the use and benefit of
23the community colleges or their students; (iii) to aid in the
24instruction and education of students of community colleges;
25and (iv) to promote activities to acquaint members of the
26community with the facilities of the various community

 

 

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1colleges.
2    (o) On and after July 1, 2001, to ensure the effective
3teaching of adults and to prepare them for success in
4employment and lifelong learning by administering a network of
5providers, programs, and services to provide adult basic
6education, adult secondary and high school equivalency testing
7education secondary/general education development, English as
8a second language, and any other instruction designed to
9prepare adult students to function successfully in society and
10to experience success in postsecondary education and the world
11of work.
12    (p) On and after July 1, 2001, to supervise the
13administration of adult education and adult literacy programs,
14to establish the standards for such courses of instruction and
15supervise the administration thereof, to contract with other
16State and local agencies and eligible providers, such as local
17educational agencies, community-based organizations of
18demonstrated effectiveness, volunteer literacy organizations
19of demonstrated effectiveness, institutions of higher
20education, public and private nonprofit agencies, libraries,
21and public housing authorities, for the purpose of promoting
22and establishing classes for instruction under these programs,
23to contract with other State and local agencies to accept and
24expend appropriations for educational purposes to reimburse
25local eligible providers for the cost of these programs, and to
26establish an advisory council consisting of all categories of

 

 

HB4336- 75 -LRB098 16126 NHT 51183 b

1eligible providers; agency partners, such as the State Board of
2Education, the Department of Human Services, the Department of
3Employment Security, and the Secretary of State literacy
4program; and other stakeholders to identify, deliberate, and
5make recommendations to the State Board on adult education
6policy and priorities. The State Board shall support statewide
7geographic distribution; diversity of eligible providers; and
8the adequacy, stability, and predictability of funding so as
9not to disrupt or diminish, but rather to enhance, adult
10education by this change of administration.
11(Source: P.A. 94-1105, eff. 6-1-07.)
 
12    (110 ILCS 805/3-17)  (from Ch. 122, par. 103-17)
13    Sec. 3-17. The community college districts shall admit all
14students qualified to complete any one of their programs
15including general education, transfer, occupational,
16technical, and terminal, as long as space for effective
17instruction is available. After entry, the college shall
18counsel and distribute the students among its programs
19according to their interests and abilities. Students allowed
20entry in college transfer programs must have ability and
21competence similar to that possessed by students admitted to
22state universities for similar programs. Entry level
23competence to such college transfer programs may be achieved
24through successful completion of other preparatory courses
25offered by the college. If space is not available for all

 

 

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1students applying, the community college will accept those best
2qualified, using rank in class and ability and achievement
3tests as guides, and shall give preference to students residing
4in the district unless the district has entered into a
5contractual agreement for the mutual exchange of students with
6another community college district, in which case, equal
7enrollment preference may be granted to students residing in
8such contracting districts.
9    A student who has graduated from high school and has scored
10within the community college's accepted range on the ACT or SAT
11shall not be required to take a high school equivalency test
12the high school level General Educational Development (GED)
13Test as a prerequisite to admission.
14(Source: P.A. 91-374, eff. 7-30-99.)
 
15    Section 95. The Higher Education Student Assistance Act is
16amended by changing Sections 50 and 52 as follows:
 
17    (110 ILCS 947/50)
18    Sec. 50. Minority Teachers of Illinois scholarship
19program.
20    (a) As used in this Section:
21        "Eligible applicant" means a minority student who has
22    graduated from high school or has received a high school
23    equivalency certificate General Educational Development
24    Certification and has maintained a cumulative grade point

 

 

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1    average of no less than 2.5 on a 4.0 scale, and who by
2    reason thereof is entitled to apply for scholarships to be
3    awarded under this Section.
4        "Minority student" means a student who is any of the
5    following:
6            (1) American Indian or Alaska Native (a person
7        having origins in any of the original peoples of North
8        and South America, including Central America, and who
9        maintains tribal affiliation or community attachment).
10            (2) Asian (a person having origins in any of the
11        original peoples of the Far East, Southeast Asia, or
12        the Indian subcontinent, including, but not limited
13        to, Cambodia, China, India, Japan, Korea, Malaysia,
14        Pakistan, the Philippine Islands, Thailand, and
15        Vietnam).
16            (3) Black or African American (a person having
17        origins in any of the black racial groups of Africa).
18        Terms such as "Haitian" or "Negro" can be used in
19        addition to "Black or African American".
20            (4) Hispanic or Latino (a person of Cuban, Mexican,
21        Puerto Rican, South or Central American, or other
22        Spanish culture or origin, regardless of race).
23            (5) Native Hawaiian or Other Pacific Islander (a
24        person having origins in any of the original peoples of
25        Hawaii, Guam, Samoa, or other Pacific Islands).
26        "Qualified student" means a person (i) who is a

 

 

HB4336- 78 -LRB098 16126 NHT 51183 b

1    resident of this State and a citizen or permanent resident
2    of the United States; (ii) who is a minority student, as
3    defined in this Section; (iii) who, as an eligible
4    applicant, has made a timely application for a minority
5    teaching scholarship under this Section; (iv) who is
6    enrolled on at least a half-time basis at a qualified
7    Illinois institution of higher learning; (v) who is
8    enrolled in a course of study leading to teacher
9    certification, including alternative teacher
10    certification; (vi) who maintains a grade point average of
11    no less than 2.5 on a 4.0 scale; and (vii) who continues to
12    advance satisfactorily toward the attainment of a degree.
13    (b) In order to encourage academically talented Illinois
14minority students to pursue teaching careers at the preschool
15or elementary or secondary school level, each qualified student
16shall be awarded a minority teacher scholarship to any
17qualified Illinois institution of higher learning. However,
18preference may be given to qualified applicants enrolled at or
19above the junior level.
20    (c) Each minority teacher scholarship awarded under this
21Section shall be in an amount sufficient to pay the tuition and
22fees and room and board costs of the qualified Illinois
23institution of higher learning at which the recipient is
24enrolled, up to an annual maximum of $5,000; except that in the
25case of a recipient who does not reside on-campus at the
26institution at which he or she is enrolled, the amount of the

 

 

HB4336- 79 -LRB098 16126 NHT 51183 b

1scholarship shall be sufficient to pay tuition and fee expenses
2and a commuter allowance, up to an annual maximum of $5,000.
3    (d) The total amount of minority teacher scholarship
4assistance awarded by the Commission under this Section to an
5individual in any given fiscal year, when added to other
6financial assistance awarded to that individual for that year,
7shall not exceed the cost of attendance at the institution at
8which the student is enrolled. If the amount of minority
9teacher scholarship to be awarded to a qualified student as
10provided in subsection (c) of this Section exceeds the cost of
11attendance at the institution at which the student is enrolled,
12the minority teacher scholarship shall be reduced by an amount
13equal to the amount by which the combined financial assistance
14available to the student exceeds the cost of attendance.
15    (e) The maximum number of academic terms for which a
16qualified student can receive minority teacher scholarship
17assistance shall be 8 semesters or 12 quarters.
18    (f) In any academic year for which an eligible applicant
19under this Section accepts financial assistance through the
20Paul Douglas Teacher Scholarship Program, as authorized by
21Section 551 et seq. of the Higher Education Act of 1965, the
22applicant shall not be eligible for scholarship assistance
23awarded under this Section.
24    (g) All applications for minority teacher scholarships to
25be awarded under this Section shall be made to the Commission
26on forms which the Commission shall provide for eligible

 

 

HB4336- 80 -LRB098 16126 NHT 51183 b

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

 

 

HB4336- 81 -LRB098 16126 NHT 51183 b

1fiscal year is insufficient to provide scholarships to all
2qualified students, the Commission shall allocate the
3appropriation in accordance with this subsection. If funds are
4insufficient to provide all qualified students with a
5scholarship as authorized by this Section, the Commission shall
6allocate the available scholarship funds for that fiscal year
7on the basis of the date the Commission receives a complete
8application form.
9    (k) Notwithstanding the provisions of subsection (j) or any
10other provision of this Section, at least 30% of the funds
11appropriated for scholarships awarded under this Section in
12each fiscal year shall be reserved for qualified male minority
13applicants. If the Commission does not receive enough
14applications from qualified male minorities on or before
15January 1 of each fiscal year to award 30% of the funds
16appropriated for these scholarships to qualified male minority
17applicants, then the Commission may award a portion of the
18reserved funds to qualified female minority applicants.
19    (l) Prior to receiving scholarship assistance for any
20academic year, each recipient of a minority teacher scholarship
21awarded under this Section shall be required by the Commission
22to sign an agreement under which the recipient pledges that,
23within the one-year period following the termination of the
24program for which the recipient was awarded a minority teacher
25scholarship, the recipient (i) shall begin teaching for a
26period of not less than one year for each year of scholarship

 

 

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1assistance he or she was awarded under this Section; and (ii)
2shall fulfill this teaching obligation at a nonprofit Illinois
3public, private, or parochial preschool, elementary school, or
4secondary school at which no less than 30% of the enrolled
5students are minority students in the year during which the
6recipient begins teaching at the school; and (iii) shall, upon
7request by the Commission, provide the Commission with evidence
8that he or she is fulfilling or has fulfilled the terms of the
9teaching agreement provided for in this subsection.
10    (m) If a recipient of a minority teacher scholarship
11awarded under this Section fails to fulfill the teaching
12obligation set forth in subsection (l) of this Section, the
13Commission shall require the recipient to repay the amount of
14the scholarships received, prorated according to the fraction
15of the teaching obligation not completed, at a rate of interest
16equal to 5%, and, if applicable, reasonable collection fees.
17The Commission is authorized to establish rules relating to its
18collection activities for repayment of scholarships under this
19Section. All repayments collected under this Section shall be
20forwarded to the State Comptroller for deposit into the State's
21General Revenue Fund.
22    (n) A recipient of minority teacher scholarship shall not
23be considered in violation of the agreement entered into
24pursuant to subsection (l) if the recipient (i) enrolls on a
25full time basis as a graduate student in a course of study
26related to the field of teaching at a qualified Illinois

 

 

HB4336- 83 -LRB098 16126 NHT 51183 b

1institution of higher learning; (ii) is serving, not in excess
2of 3 years, as a member of the armed services of the United
3States; (iii) is temporarily totally disabled for a period of
4time not to exceed 3 years as established by sworn affidavit of
5a qualified physician; (iv) is seeking and unable to find full
6time employment as a teacher at an Illinois public, private, or
7parochial preschool or elementary or secondary school that
8satisfies the criteria set forth in subsection (l) of this
9Section and is able to provide evidence of that fact; (v)
10becomes permanently totally disabled as established by sworn
11affidavit of a qualified physician; (vi) is taking additional
12courses, on at least a half-time basis, needed to obtain
13certification as a teacher in Illinois; or (vii) is fulfilling
14teaching requirements associated with other programs
15administered by the Commission and cannot concurrently fulfill
16them under this Section in a period of time equal to the length
17of the teaching obligation.
18    (o) Scholarship recipients under this Section who withdraw
19from a program of teacher education but remain enrolled in
20school to continue their postsecondary studies in another
21academic discipline shall not be required to commence repayment
22of their Minority Teachers of Illinois scholarship so long as
23they remain enrolled in school on a full-time basis or if they
24can document for the Commission special circumstances that
25warrant extension of repayment.
26(Source: P.A. 97-396, eff. 1-1-12.)
 

 

 

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1    (110 ILCS 947/52)
2    Sec. 52. Golden Apple Scholars of Illinois Program; Golden
3Apple Foundation for Excellence in Teaching.
4    (a) In this Section, "Foundation" means the Golden Apple
5Foundation for Excellence in Teaching, a registered 501(c)(3)
6not-for-profit corporation.
7    (a-2) In order to encourage academically talented Illinois
8students, especially minority students, to pursue teaching
9careers, especially in teacher shortage disciplines (which
10shall be defined to include early childhood education) or at
11hard-to-staff schools (as defined by the Commission in
12consultation with the State Board of Education), to provide
13those students with the crucial mentoring, guidance, and
14in-service support that will significantly increase the
15likelihood that they will complete their full teaching
16commitments and elect to continue teaching in targeted
17disciplines and hard-to-staff schools, and to ensure that
18students in this State will continue to have access to a pool
19of highly-qualified teachers, each qualified student shall be
20awarded a Golden Apple Scholars of Illinois Program scholarship
21to any Illinois institution of higher learning. The Commission
22shall administer the Golden Apple Scholars of Illinois Program,
23which shall be managed by the Foundation pursuant to the terms
24of a grant agreement meeting the requirements of Section 4 of
25the Illinois Grant Funds Recovery Act.

 

 

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1    (a-3) For purposes of this Section, a qualified student
2shall be a student who meets the following qualifications:
3        (1) is a resident of this State and a citizen or
4    eligible noncitizen of the United States;
5        (2) is a high school graduate or a person who has
6    received a high school equivalency General Educational
7    Development certificate;
8        (3) is enrolled or accepted, on at least a half-time
9    basis, at an institution of higher learning;
10        (4) is pursuing a postsecondary course of study leading
11    to initial certification or pursuing additional course
12    work needed to gain State Board of Education approval to
13    teach, including alternative teacher licensure; and
14        (5) is a participant in programs managed by and is
15    approved to receive a scholarship from the Foundation.
16    (a-5) (Blank).
17    (b) (Blank).
18    (b-5) Funds designated for the Golden Apple Scholars of
19Illinois Program shall be used by the Commission for the
20payment of scholarship assistance under this Section or for the
21award of grant funds, subject to the Illinois Grant Funds
22Recovery Act, to the Foundation. Subject to appropriation,
23awards of grant funds to the Foundation shall be made on an
24annual basis and following an application for grant funds by
25the Foundation.
26    (b-10) Each year, the Foundation shall include in its

 

 

HB4336- 86 -LRB098 16126 NHT 51183 b

1application to the Commission for grant funds an estimate of
2the amount of scholarship assistance to be provided to
3qualified students during the grant period. Any amount of
4appropriated funds exceeding the estimated amount of
5scholarship assistance may be awarded by the Commission to the
6Foundation for management expenses expected to be incurred by
7the Foundation in providing the mentoring, guidance, and
8in-service supports that will increase the likelihood that
9qualified students will complete their teaching commitments
10and elect to continue teaching in hard-to-staff schools. If the
11estimate of the amount of scholarship assistance described in
12the Foundation's application is less than the actual amount
13required for the award of scholarship assistance to qualified
14students, the Foundation shall be responsible for using awarded
15grant funds to ensure all qualified students receive
16scholarship assistance under this Section.
17    (b-15) All grant funds not expended or legally obligated
18within the time specified in a grant agreement between the
19Foundation and the Commission shall be returned to the
20Commission within 45 days. Any funds legally obligated by the
21end of a grant agreement shall be liquidated within 45 days or
22otherwise returned to the Commission within 90 days after the
23end of the grant agreement that resulted in the award of grant
24funds.
25    (c) Each scholarship awarded under this Section shall be in
26an amount sufficient to pay the tuition and fees and room and

 

 

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1board costs of the Illinois institution of higher learning at
2which the recipient is enrolled, up to an annual maximum of
3$5,000; except that in the case of a recipient who does not
4reside on-campus at the institution of higher learning at which
5he or she is enrolled, the amount of the scholarship shall be
6sufficient to pay tuition and fee expenses and a commuter
7allowance, up to an annual maximum of $5,000. All scholarship
8funds distributed in accordance with this Section shall be paid
9to the institution on behalf of recipients.
10    (d) The total amount of scholarship assistance awarded by
11the Commission under this Section to an individual in any given
12fiscal year, when added to other financial assistance awarded
13to that individual for that year, shall not exceed the cost of
14attendance at the institution of higher learning at which the
15student is enrolled. In any academic year for which a qualified
16student under this Section accepts financial assistance
17through any other teacher scholarship program administered by
18the Commission, a qualified student shall not be eligible for
19scholarship assistance awarded under this Section.
20    (e) A recipient may receive up to 8 semesters or 12
21quarters of scholarship assistance under this Section.
22Scholarship funds are applicable toward 2 semesters or 3
23quarters of enrollment each academic year.
24    (f) All applications for scholarship assistance to be
25awarded under this Section shall be made to the Foundation in a
26form determined by the Foundation. Each year, the Foundation

 

 

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1shall notify the Commission of the individuals awarded
2scholarship assistance under this Section. Each year, at least
330% of the Golden Apple Scholars of Illinois Program
4scholarships shall be awarded to students residing in counties
5having a population of less than 500,000.
6    (g) (Blank).
7    (h) The Commission shall administer the payment of
8scholarship assistance provided through the Golden Apple
9Scholars of Illinois Program and shall make all necessary and
10proper rules not inconsistent with this Section for the
11effective implementation of this Section.
12    (i) Prior to receiving scholarship assistance for any
13academic year, each recipient of a scholarship awarded under
14this Section shall be required by the Foundation to sign an
15agreement under which the recipient pledges that, within the
162-year period following the termination of the academic program
17for which the recipient was awarded a scholarship, the
18recipient: (i) shall begin teaching for a period of not less
19than 5 years, (ii) shall fulfill this teaching obligation at a
20nonprofit Illinois public, private, or parochial preschool or
21an Illinois public elementary or secondary school that
22qualifies for teacher loan cancellation under Section
23465(a)(2)(A) of the federal Higher Education Act of 1965 (20
24U.S.C. 1087ee(a)(2)(A)) or other Illinois schools deemed
25eligible for fulfilling the teaching commitment as designated
26by the Foundation, and (iii) shall, upon request of the

 

 

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1Foundation, provide the Foundation with evidence that he or she
2is fulfilling or has fulfilled the terms of the teaching
3agreement provided for in this subsection. Upon request, the
4Foundation shall provide evidence of teacher fulfillment to the
5Commission.
6    (j) If a recipient of a scholarship awarded under this
7Section fails to fulfill the teaching obligation set forth in
8subsection (i) of this Section, the Commission shall require
9the recipient to repay the amount of the scholarships received,
10prorated according to the fraction of the teaching obligation
11not completed, plus interest at a rate of 5% and if applicable,
12reasonable collection fees. Payments received by the
13Commission under this subsection (j) shall be remitted to the
14State Comptroller for deposit into the General Revenue Fund,
15except that that portion of a recipient's repayment that equals
16the amount in expenses that the Commission has reasonably
17incurred in attempting collection from that recipient shall be
18remitted to the State Comptroller for deposit into the
19Commission's Accounts Receivable Fund.
20    (k) A recipient of a scholarship awarded by the Foundation
21under this Section shall not be considered to have failed to
22fulfill the teaching obligations of the agreement entered into
23pursuant to subsection (i) if the recipient (i) enrolls on a
24full-time basis as a graduate student in a course of study
25related to the field of teaching at an institution of higher
26learning; (ii) is serving as a member of the armed services of

 

 

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1the United States; (iii) is temporarily totally disabled, as
2established by sworn affidavit of a qualified physician; (iv)
3is seeking and unable to find full-time employment as a teacher
4at a school that satisfies the criteria set forth in subsection
5(i) and is able to provide evidence of that fact; (v) is taking
6additional courses, on at least a half-time basis, needed to
7obtain certification as a teacher in Illinois; (vi) is
8fulfilling teaching requirements associated with other
9programs administered by the Commission and cannot
10concurrently fulfill them under this Section in a period of
11time equal to the length of the teaching obligation; or (vii)
12is participating in a program established under Executive Order
1310924 of the President of the United States or the federal
14National Community Service Act of 1990 (42 U.S.C. 12501 et
15seq.). Any such extension of the period during which the
16teaching requirement must be fulfilled shall be subject to
17limitations of duration as established by the Commission.
18    (l) A recipient who fails to fulfill the teaching
19obligations of the agreement entered into pursuant to
20subsection (i) of this Section shall repay the amount of
21scholarship assistance awarded to them under this Section
22within 10 years.
23    (m) Annually, at a time determined by the Commission in
24consultation with the Foundation, the Foundation shall submit a
25report to assist the Commission in monitoring the Foundation's
26performance of grant activities. The report shall describe the

 

 

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1following:
2        (1) the Foundation's anticipated expenditures for the
3    next fiscal year;
4        (2) the number of qualified students receiving
5    scholarship assistance at each institution of higher
6    learning where a qualified student was enrolled under this
7    Section during the previous fiscal year;
8        (3) the total monetary value of scholarship funds paid
9    to each institution of higher learning at which a qualified
10    student was enrolled during the previous fiscal year;
11        (4) the number of scholarship recipients who completed
12    a baccalaureate degree during the previous fiscal year;
13        (5) the number of scholarship recipients who fulfilled
14    their teaching obligation during the previous fiscal year;
15        (6) the number of scholarship recipients who failed to
16    fulfill their teaching obligation during the previous
17    fiscal year;
18        (7) the number of scholarship recipients granted an
19    extension described in subsection (k) of this Section
20    during the previous fiscal year;
21        (8) the number of scholarship recipients required to
22    repay scholarship assistance in accordance with subsection
23    (j) of this Section during the previous fiscal year;
24        (9) the number of scholarship recipients who
25    successfully repaid scholarship assistance in full during
26    the previous fiscal year;

 

 

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1        (10) the number of scholarship recipients who
2    defaulted on their obligation to repay scholarship
3    assistance during the previous fiscal year;
4        (11) the amount of scholarship assistance subject to
5    collection in accordance with subsection (j) of this
6    Section at the end of the previous fiscal year;
7        (12) the amount of collected funds to be remitted to
8    the Comptroller in accordance with subsection (j) of this
9    Section at the end of the previous fiscal year; and
10        (13) other information that the Commission may
11    reasonably request.
12    (n) Nothing in this Section shall affect the rights of the
13Commission to collect moneys owed to it by recipients of
14scholarship assistance through the Illinois Future Teacher
15Corps Program, repealed by this amendatory Act of the 98th
16General Assembly.
17    (o) The Auditor General shall prepare an annual audit of
18the operations and finances of the Golden Apple Scholars of
19Illinois Program. This audit shall be provided to the Governor,
20General Assembly, and the Commission.
21    (p) The suspension of grant making authority found in
22Section 4.2 of the Illinois Grant Funds Recovery Act shall not
23apply to grants made pursuant to this Section.
24(Source: P.A. 98-533, eff. 8-23-13.)
 
25    Section 100. The Illinois Insurance Code is amended by

 

 

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1changing Section 500-50 as follows:
 
2    (215 ILCS 5/500-50)
3    (Section scheduled to be repealed on January 1, 2017)
4    Sec. 500-50. Insurance producers; examination statistics.
5    (a) The use of examinations for the purpose of determining
6qualifications of persons to be licensed as insurance producers
7has a direct and far-reaching effect on persons seeking those
8licenses, on insurance companies, and on the public. It is in
9the public interest and it will further the public welfare to
10insure that examinations for licensing do not have the effect
11of unlawfully discriminating against applicants for licensing
12as insurance producers on the basis of race, color, national
13origin, or sex.
14    (b) As used in this Section, the following words have the
15meanings given in this subsection.
16    Examination. "Examination" means the examination in each
17line of insurance administered pursuant to Section 500-30.
18    Examinee. "Examinee" means a person who takes an
19examination.
20    Part. "Part" means a portion of an examination for which a
21score is calculated.
22    Operational item. "Operational item" means a test question
23considered in determining an examinee's score.
24    Test form. "Test form" means the test booklet or instrument
25used for a part of an examination.

 

 

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1    Pretest item. "Pretest item" means a prospective test
2question that is included in a test form in order to assess its
3performance, but is not considered in determining an examinee's
4score.
5    Minority group or examinees. "Minority group" or "minority
6examinees" means examinees who are American Indian or Alaska
7Native, Asian, Black or African American, Hispanic or Latino,
8or Native Hawaiian or Other Pacific Islander.
9    Correct-answer rate. "Correct-answer rate" for an item
10means the number of examinees who provided the correct answer
11on an item divided by the number of examinees who answered the
12item.
13    Correlation. "Correlation" means a statistical measure of
14the relationship between performance on an item and performance
15on a part of the examination.
16    (c) The Director shall ask each examinee to self-report on
17a voluntary basis on the answer sheet, application form, or by
18other appropriate means, the following information:
19        (1) race or ethnicity (American Indian or Alaska
20    Native, Asian, Black or African American, Hispanic or
21    Latino, Native Hawaiian or Other Pacific Islander, or
22    White);
23        (2) education (8th grade or less; less than 12th grade;
24    high school diploma or high school equivalency certificate
25    G.E.D.; some college, but no 4-year degree; or 4-year
26    degree or more); and

 

 

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1        (3) gender (male or female).
2    The Director must advise all examinees that they are not
3required to provide this information, that they will not be
4penalized for not doing so, and that the Director will use the
5information provided exclusively for research and statistical
6purposes and to improve the quality and fairness of the
7examinations.
8    (d) No later than May 1 of each year, the Director must
9prepare, publicly announce, and publish an Examination Report
10of summary statistical information relating to each
11examination administered during the preceding calendar year.
12Each Examination Report shall show with respect to each
13examination:
14        (1) For all examinees combined and separately by race
15    or ethnicity, by educational level, by gender, by
16    educational level within race or ethnicity, by education
17    level within gender, and by race or ethnicity within
18    gender:
19            (A) number of examinees;
20            (B) percentage and number of examinees who passed
21        each part;
22            (C) percentage and number of examinees who passed
23        all parts;
24            (D) mean scaled scores on each part; and
25            (E) standard deviation of scaled scores on each
26        part.

 

 

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1        (2) For male examinees, female examinees, Black or
2    African American examinees, white examinees, American
3    Indian or Alaska Native examinees, Asian examinees,
4    Hispanic or Latino examinees, and Native Hawaiian or Other
5    Pacific Islander, respectively, with a high school diploma
6    or high school equivalency certificate G.E.D., the
7    distribution of scaled scores on each part.
8    No later than May 1 of each year, the Director must prepare
9and make available on request an Item Report of summary
10statistical information relating to each operational item on
11each test form administered during the preceding calendar year.
12The Item Report shall show, for each operational item, for all
13examinees combined and separately for Black or African American
14examinees, white examinees, American Indian or Alaska Native
15examinees, Asian examinees, Hispanic or Latino examinees, and
16Native Hawaiian or Other Pacific Islander, the correct-answer
17rates and correlations.
18    The Director is not required to report separate statistical
19information for any group or subgroup comprising fewer than 50
20examinees.
21    (e) The Director must obtain a regular analysis of the data
22collected under this Section, and any other relevant
23information, for purposes of the development of new test forms.
24The analysis shall continue the implementation of the item
25selection methodology as recommended in the Final Report of the
26Illinois Insurance Producer's Licensing Examination Advisory

 

 

HB4336- 97 -LRB098 16126 NHT 51183 b

1Committee dated November 19, 1991, and filed with the
2Department unless some other methodology is determined by the
3Director to be as effective in minimizing differences between
4white and minority examinee pass-fail rates.
5    (f) The Director has the discretion to set cutoff scores
6for the examinations, provided that scaled scores on test forms
7administered after July 1, 1993, shall be made comparable to
8scaled scores on test forms administered in 1991 by use of
9professionally acceptable methods so as to minimize changes in
10passing rates related to the presence or absence of or changes
11in equating or scaling equations or methods or content
12outlines. Each calendar year, the scaled cutoff score for each
13part of each examination shall fluctuate by no more than the
14standard error of measurement from the scaled cutoff score
15employed during the preceding year.
16    (g) No later than May 1, 2003 and no later than May 1 of
17every fourth year thereafter, the Director must release to the
18public and make generally available one representative test
19form and set of answer keys for each part of each examination.
20    (h) The Director must maintain, for a period of 3 years
21after they are prepared or used, all registration forms, test
22forms, answer sheets, operational items and pretest items, item
23analyses, and other statistical analyses relating to the
24examinations. All personal identifying information regarding
25examinees and the content of test items must be maintained
26confidentially as necessary for purposes of protecting the

 

 

HB4336- 98 -LRB098 16126 NHT 51183 b

1personal privacy of examinees and the maintenance of test
2security.
3    (i) In administering the examinations, the Director must
4make such accommodations for disabled examinees as are
5reasonably warranted by the particular disability involved,
6including the provision of additional time if necessary to
7complete an examination or special assistance in taking an
8examination.
9    (j) For the purposes of this Section:
10        (1) "American Indian or Alaska Native" means a person
11    having origins in any of the original peoples of North and
12    South America, including Central America, and who
13    maintains tribal affiliation or community attachment.
14        (2) "Asian" means a person having origins in any of the
15    original peoples of the Far East, Southeast Asia, or the
16    Indian subcontinent, including, but not limited to,
17    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
18    the Philippine Islands, Thailand, and Vietnam.
19        (3) "Black or African American" means a person having
20    origins in any of the black racial groups of Africa. Terms
21    such as "Haitian" or "Negro" can be used in addition to
22    "Black or African American".
23        (4) "Hispanic or Latino" means a person of Cuban,
24    Mexican, Puerto Rican, South or Central American, or other
25    Spanish culture or origin, regardless of race.
26        (5) "Native Hawaiian or Other Pacific Islander" means a

 

 

HB4336- 99 -LRB098 16126 NHT 51183 b

1    person having origins in any of the original peoples of
2    Hawaii, Guam, Samoa, or other Pacific Islands.
3        (6) "White" means a person having origins in any of the
4    original peoples of Europe, the Middle East, or North
5    Africa.
6(Source: P.A. 97-396, eff. 1-1-12.)
 
7    Section 105. The Pharmacy Practice Act is amended by
8changing Section 9 as follows:
 
9    (225 ILCS 85/9)  (from Ch. 111, par. 4129)
10    (Section scheduled to be repealed on January 1, 2018)
11    Sec. 9. Registration as pharmacy technician. Any person
12shall be entitled to registration as a registered pharmacy
13technician who is of the age of 16 or over, has not engaged in
14conduct or behavior determined to be grounds for discipline
15under this Act, is attending or has graduated from an
16accredited high school or comparable school or educational
17institution or received a high school equivalency certificate
18GED, and has filed a written application for registration on a
19form to be prescribed and furnished by the Department for that
20purpose. The Department shall issue a certificate of
21registration as a registered pharmacy technician to any
22applicant who has qualified as aforesaid, and such registration
23shall be the sole authority required to assist licensed
24pharmacists in the practice of pharmacy, under the supervision

 

 

HB4336- 100 -LRB098 16126 NHT 51183 b

1of a licensed pharmacist. A registered pharmacy technician may,
2under the supervision of a pharmacist, assist in the practice
3of pharmacy and perform such functions as assisting in the
4dispensing process, offering counseling, receiving new verbal
5prescription orders, and having prescriber contact concerning
6prescription drug order clarification. A registered pharmacy
7technician may not engage in patient counseling, drug regimen
8review, or clinical conflict resolution.
9    Beginning on January 1, 2010, within 2 years after initial
10registration as a registered technician, a pharmacy technician
11must become certified by successfully passing the Pharmacy
12Technician Certification Board (PTCB) examination or another
13Board-approved pharmacy technician examination and register as
14a certified pharmacy technician with the Department in order to
15continue to perform pharmacy technician's duties. This
16requirement does not apply to pharmacy technicians registered
17prior to January 1, 2008.
18    Any person registered as a pharmacy technician who is also
19enrolled in a first professional degree program in pharmacy in
20a school or college of pharmacy or a department of pharmacy of
21a university approved by the Department or has graduated from
22such a program within the last 18 months, shall be considered a
23"student pharmacist" and entitled to use the title "student
24pharmacist". A student pharmacist must meet all of the
25requirements for registration as a pharmacy technician set
26forth in this Section excluding the requirement of

 

 

HB4336- 101 -LRB098 16126 NHT 51183 b

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

 

 

HB4336- 102 -LRB098 16126 NHT 51183 b

1technician.
2    The Department may take any action set forth in Section 30
3of this Act with regard to registrations pursuant to this
4Section.
5    Any person who is enrolled in a non-traditional Pharm.D.
6program at an ACPE accredited college of pharmacy and is a
7licensed pharmacist under the laws of another United States
8jurisdiction shall be permitted to engage in the program of
9practice experience required in the academic program by virtue
10of such license. Such person shall be exempt from the
11requirement of registration as a registered pharmacy
12technician while engaged in the program of practice experience
13required in the academic program.
14    An applicant for registration as a pharmacy technician may
15assist a pharmacist in the practice of pharmacy for a period of
16up to 60 days prior to the issuance of a certificate of
17registration if the applicant has submitted the required fee
18and an application for registration to the Department. The
19applicant shall keep a copy of the submitted application on the
20premises where the applicant is assisting in the practice of
21pharmacy. The Department shall forward confirmation of receipt
22of the application with start and expiration dates of practice
23pending registration.
24(Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)
 
25    Section 110. The Structural Pest Control Act is amended by

 

 

HB4336- 103 -LRB098 16126 NHT 51183 b

1changing Section 5 as follows:
 
2    (225 ILCS 235/5)  (from Ch. 111 1/2, par. 2205)
3    (Section scheduled to be repealed on December 31, 2019)
4    Sec. 5. Certification requirements. No individual shall
5apply any general use or restricted pesticide while engaged in
6commercial structural pest control in this State unless
7certified, or supervised by someone who is certified, by the
8Department in accordance with this Section.
9    No individual shall apply any restricted pesticide while
10engaged in non-commercial structural pest control in this State
11unless certified, or supervised by someone who is certified, by
12the Department in accordance with this Section. In addition,
13any individual at any non-commercial structural pest control
14location using general use pesticides shall comply with the
15labeling requirements of the pesticides used at that location.
16    Each commercial structural pest control location shall be
17required to employ at least one certified technician at each
18location. In addition, each non-commercial structural pest
19control location utilizing restricted pesticides shall be
20required to employ at least one certified technician at each
21location. Individuals who are not certified technicians may
22work under the supervision of a certified technician employed
23at the commercial or non-commercial location who shall be
24responsible for their pest control activities. Any technician
25providing supervision for the use of restricted pesticides must

 

 

HB4336- 104 -LRB098 16126 NHT 51183 b

1be certified in the sub-category for which he is providing
2supervision.
3    A. Any individual engaging in commercial structural pest
4control and utilizing general use pesticides shall meet the
5following requirements:
6        1. He has a high school diploma or a high school
7    equivalency GED certificate;
8        2. He has filed an original application, paid the fee
9    required for examination, and successfully passed the
10    General Standards examination.
11    B. Any individual engaging in commercial or non-commercial
12structural pest control and utilizing restricted pesticides in
13any one of the sub-categories in Section 7 of this Act shall
14meet the following requirements:
15        1. He has a high school diploma or a high school
16    equivalency GED certificate;
17        2. He has:
18            a. six months of practical experience in one or
19        more sub-categories in structural pest control; or
20            b. successfully completed a minimum of 16 semester
21        hours, or their equivalent, in entomology or related
22        fields from a recognized college or university; or
23            c. successfully completed a pest control course,
24        approved by the Department, from a recognized
25        educational institution or other entity.
26    Each applicant shall have filed an original application and

 

 

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1paid the fee required for examination. Every applicant who
2successfully passes the General Standards examination and at
3least one sub-category examination shall be certified in each
4sub-category which he has successfully passed.
5    A certified technician who wishes to be certified in
6sub-categories for which he has not been previously certified
7may apply for any sub-category examination provided he meets
8the requirements set forth in this Section, files an original
9application, and pays the fee for examination.
10    An applicant who fails to pass the General Standards
11examination or any sub-category examination may reapply for
12that examination, provided that he files an application and
13pays the fee required for an original examination.
14Re-examination applications shall be on forms prescribed by the
15Department.
16(Source: P.A. 87-703; reenacted by P.A. 95-786, eff. 8-7-08.)
 
17    Section 115. The Illinois Public Aid Code is amended by
18changing Section 9A-9 as follows:
 
19    (305 ILCS 5/9A-9)  (from Ch. 23, par. 9A-9)
20    Sec. 9A-9. Program Activities. The Department shall
21establish education, training and placement activities by
22rule. Not all of the same activities need be provided in each
23county in the State. Such activities may include the following:
24    (a) Education (Below post secondary). In the Education

 

 

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1(below post secondary) activity, the individual receives
2information, referral, counseling services and support
3services to increase the individual's employment potential.
4Participants may be referred to testing, counseling and
5education resources. Educational activities will include basic
6and remedial education; English proficiency classes; high
7school or its equivalency (e.g., GED) or alternative education
8at the secondary level; and with any educational program,
9structured study time to enhance successful participation. An
10individual's participation in an education program such as
11literacy, basic adult education, high school equivalency
12(GED), or a remedial program shall be limited to 2 years unless
13the individual also is working or participating in a work
14activity approved by the Illinois Department as defined by
15rule; this requirement does not apply, however, to students
16enrolled in high school.
17    (b) Job Skills Training (Vocational). Job Skills Training
18is designed to increase the individual's ability to obtain and
19maintain employment. Job Skills Training activities will
20include vocational skill classes designed to increase a
21participant's ability to obtain and maintain employment. Job
22Skills Training may include certificate programs.
23    (c) Job Readiness. The job readiness activity is designed
24to enhance the quality of the individual's level of
25participation in the world of work while learning the necessary
26essentials to obtain and maintain employment. This activity

 

 

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1helps individuals gain the necessary job finding skills to help
2them find and retain employment that will lead to economic
3independence.
4    (d) Job Search. Job Search may be conducted individually or
5in groups. Job Search includes the provision of counseling, job
6seeking skills training and information dissemination. Group
7job search may include training in a group session. Assignment
8exclusively to job search cannot be in excess of 8 consecutive
9weeks (or its equivalent) in any period of 12 consecutive
10months.
11    (e) Work Experience. Work Experience assignments may be
12with private employers or not-for-profit or public agencies in
13the State. The Illinois Department shall provide workers'
14compensation coverage. Participants who are not members of a
152-parent assistance unit may not be assigned more hours than
16their cash grant amount plus food stamps divided by the minimum
17wage. Private employers and not-for-profit and public agencies
18shall not use Work Experience participants to displace regular
19employees. Participants in Work Experience may perform work in
20the public interest (which otherwise meets the requirements of
21this Section) for a federal office or agency with its consent,
22and notwithstanding the provisions of 31 U.S.C. 1342, or any
23other provision of law, such agency may accept such services,
24but participants shall not be considered federal employees for
25any purpose. A participant shall be reassessed at the end of
26assignment to Work Experience. The participant may be

 

 

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1reassigned to Work Experience or assigned to another activity,
2based on the reassessment.
3    (f) On the Job Training. In On the Job Training, a
4participant is hired by a private or public employer and while
5engaged in productive work receives training that provides
6knowledge or skills essential to full and adequate performance
7of the job.
8    (g) Work Supplementation. In work supplementation, the
9Department pays a wage subsidy to an employer who hires a
10participant. The cash grant which a participant would receive
11if not employed is diverted and the diverted cash grant is used
12to pay the wage subsidy.
13    (h) Post Secondary Education. Post secondary education
14must be administered by an educational institution accredited
15under requirements of State law.
16    (i) Self Initiated Education. Participants who are
17attending an institution of higher education or a vocational or
18technical program of their own choosing and who are in good
19standing, may continue to attend and receive supportive
20services only if the educational program is approved by the
21Department, and is in conformity with the participant's
22personal plan for achieving employment and self-sufficiency
23and the participant is employed part-time, as defined by the
24Illinois Department by rule.
25    (j) Job Development and Placement. Department staff shall
26develop through contacts with public and private employers

 

 

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1unsubsidized job openings for participants. Job interviews
2will be secured for clients by the marketing of participants
3for specific job openings. Job ready individuals may be
4assigned to Job Development and Placement.
5    (k) Job Retention. The job retention component is designed
6to assist participants in retaining employment. Initial
7employment expenses and job retention services are provided.
8The individual's support service needs are assessed and the
9individual receives counseling regarding job retention skills.
10    (l) (Blank).
11    (l-5) Transitional Jobs. These programs provide temporary
12wage-paying work combined with case management and other social
13services designed to address employment barriers. The
14wage-paying work is treated as regular employment for all
15purposes under this Code, and the additional activities, as
16determined by the Transitional Jobs provider, shall be
17countable work activities. The program must comply with the
18anti-displacement provisions of this Code governing the Work
19Experience program.
20    (m) Pay-after-performance Program. A parent may be
21required to participate in a pay-after-performance program in
22which the parent must work a specified number of hours to earn
23the grant. The program shall comply with provisions of this
24Code governing work experience programs.
25    (n) Community Service. Community service includes unpaid
26work that the client performs in his or her community, such as

 

 

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1for a school, church, government agency, or nonprofit
2organization.
3(Source: P.A. 93-598, eff. 8-26-03.)
 
4    Section 120. The Firearm Concealed Carry Act is amended by
5changing Section 80 as follows:
 
6    (430 ILCS 66/80)
7    Sec. 80. Certified firearms instructors.
8    (a) Within 60 days of the effective date of this Act, the
9Department shall begin approval of certified firearms
10instructors and enter certified firearms instructors into an
11online registry on the Department's website.
12    (b) A person who is not a certified firearms instructor
13shall not teach applicant training courses or advertise or
14otherwise represent courses they teach as qualifying their
15students to meet the requirements to receive a license under
16this Act. Each violation of this subsection is a business
17offense with a fine of at least $1,000 per violation.
18    (c) A person seeking to become a certified firearms
19instructor shall:
20        (1) be at least 21 years of age;
21        (2) be a legal resident of the United States; and
22        (3) meet the requirements of Section 25 of this Act,
23    except for the Illinois residency requirement in item (xiv)
24    of paragraph (2) of subsection (a) of Section 4 of the

 

 

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1    Firearm Owners Identification Card Act; and any additional
2    uniformly applied requirements established by the
3    Department.
4    (d) A person seeking to become a certified firearms
5instructor, in addition to the requirements of subsection (c)
6of this Section, shall:
7        (1) possess a high school diploma or high school
8    equivalency GED certificate; and
9        (2) have at least one of the following valid firearms
10    instructor certifications:
11            (A) certification from a law enforcement agency;
12            (B) certification from a firearm instructor course
13        offered by a State or federal governmental agency;
14            (C) certification from a firearm instructor
15        qualification course offered by the Illinois Law
16        Enforcement Training Standards Board; or
17            (D) certification from an entity approved by the
18        Department that offers firearm instructor education
19        and training in the use and safety of firearms.
20    (e) A person may have his or her firearms instructor
21certification denied or revoked if he or she does not meet the
22requirements to obtain a license under this Act, provides false
23or misleading information to the Department, or has had a prior
24instructor certification revoked or denied by the Department.
25(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
 

 

 

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1    Section 125. The Illinois Vehicle Code is amended by
2changing Sections 6-107 and 6-408.5 as follows:
 
3    (625 ILCS 5/6-107)  (from Ch. 95 1/2, par. 6-107)
4    Sec. 6-107. Graduated license.
5    (a) The purpose of the Graduated Licensing Program is to
6develop safe and mature driving habits in young, inexperienced
7drivers and reduce or prevent motor vehicle accidents,
8fatalities, and injuries by:
9        (1) providing for an increase in the time of practice
10    period before granting permission to obtain a driver's
11    license;
12        (2) strengthening driver licensing and testing
13    standards for persons under the age of 21 years;
14        (3) sanctioning driving privileges of drivers under
15    age 21 who have committed serious traffic violations or
16    other specified offenses; and
17        (4) setting stricter standards to promote the public's
18    health and safety.
19    (b) The application of any person under the age of 18
20years, and not legally emancipated, for a drivers license or
21permit to operate a motor vehicle issued under the laws of this
22State, shall be accompanied by the written consent of either
23parent of the applicant; otherwise by the guardian having
24custody of the applicant, or in the event there is no parent or
25guardian, then by another responsible adult. The written

 

 

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1consent must accompany any application for a driver's license
2under this subsection (b), regardless of whether or not the
3required written consent also accompanied the person's
4previous application for an instruction permit.
5    No graduated driver's license shall be issued to any
6applicant under 18 years of age, unless the applicant is at
7least 16 years of age and has:
8        (1) Held a valid instruction permit for a minimum of 9
9    months.
10        (2) Passed an approved driver education course and
11    submits proof of having passed the course as may be
12    required.
13        (3) Certification by the parent, legal guardian, or
14    responsible adult that the applicant has had a minimum of
15    50 hours of behind-the-wheel practice time, at least 10
16    hours of which have been at night, and is sufficiently
17    prepared and able to safely operate a motor vehicle.
18    (b-1) No graduated driver's license shall be issued to any
19applicant who is under 18 years of age and not legally
20emancipated, unless the applicant has graduated from a
21secondary school of this State or any other state, is enrolled
22in a course leading to a high school equivalency general
23educational development (GED) certificate, has obtained a high
24school equivalency GED certificate, is enrolled in an
25elementary or secondary school or college or university of this
26State or any other state and is not a chronic or habitual

 

 

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1truant as provided in Section 26-2a of the School Code, or is
2receiving home instruction and submits proof of meeting any of
3those requirements at the time of application.
4    An applicant under 18 years of age who provides proof
5acceptable to the Secretary that the applicant has resumed
6regular school attendance or home instruction or that his or
7her application was denied in error shall be eligible to
8receive a graduated license if other requirements are met. The
9Secretary shall adopt rules for implementing this subsection
10(b-1).
11    (c) No graduated driver's license or permit shall be issued
12to any applicant under 18 years of age who has committed the
13offense of operating a motor vehicle without a valid license or
14permit in violation of Section 6-101 of this Code or a similar
15out of state offense and no graduated driver's license or
16permit shall be issued to any applicant under 18 years of age
17who has committed an offense that would otherwise result in a
18mandatory revocation of a license or permit as provided in
19Section 6-205 of this Code or who has been either convicted of
20or adjudicated a delinquent based upon a violation of the
21Cannabis Control Act, the Illinois Controlled Substances Act,
22the Use of Intoxicating Compounds Act, or the Methamphetamine
23Control and Community Protection Act while that individual was
24in actual physical control of a motor vehicle. For purposes of
25this Section, any person placed on probation under Section 10
26of the Cannabis Control Act, Section 410 of the Illinois

 

 

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1Controlled Substances Act, or Section 70 of the Methamphetamine
2Control and Community Protection Act shall not be considered
3convicted. Any person found guilty of this offense, while in
4actual physical control of a motor vehicle, shall have an entry
5made in the court record by the judge that this offense did
6occur while the person was in actual physical control of a
7motor vehicle and order the clerk of the court to report the
8violation to the Secretary of State as such.
9    (d) No graduated driver's license shall be issued for 9
10months to any applicant under the age of 18 years who has
11committed and subsequently been convicted of an offense against
12traffic regulations governing the movement of vehicles, any
13violation of this Section or Section 12-603.1 of this Code, or
14who has received a disposition of court supervision for a
15violation of Section 6-20 of the Illinois Liquor Control Act of
161934 or a similar provision of a local ordinance.
17    (e) No graduated driver's license holder under the age of
1818 years shall operate any motor vehicle, except a motor driven
19cycle or motorcycle, with more than one passenger in the front
20seat of the motor vehicle and no more passengers in the back
21seats than the number of available seat safety belts as set
22forth in Section 12-603 of this Code. If a graduated driver's
23license holder over the age of 18 committed an offense against
24traffic regulations governing the movement of vehicles or any
25violation of this Section or Section 12-603.1 of this Code in
26the 6 months prior to the graduated driver's license holder's

 

 

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118th birthday, and was subsequently convicted of the violation,
2the provisions of this paragraph shall continue to apply until
3such time as a period of 6 consecutive months has elapsed
4without an additional violation and subsequent conviction of an
5offense against traffic regulations governing the movement of
6vehicles or any violation of this Section or Section 12-603.1
7of this Code.
8    (f) (Blank).
9    (g) If a graduated driver's license holder is under the age
10of 18 when he or she receives the license, for the first 12
11months he or she holds the license or until he or she reaches
12the age of 18, whichever occurs sooner, the graduated license
13holder may not operate a motor vehicle with more than one
14passenger in the vehicle who is under the age of 20, unless any
15additional passenger or passengers are siblings,
16step-siblings, children, or stepchildren of the driver. If a
17graduated driver's license holder committed an offense against
18traffic regulations governing the movement of vehicles or any
19violation of this Section or Section 12-603.1 of this Code
20during the first 12 months the license is held and subsequently
21is convicted of the violation, the provisions of this paragraph
22shall remain in effect until such time as a period of 6
23consecutive months has elapsed without an additional violation
24and subsequent conviction of an offense against traffic
25regulations governing the movement of vehicles or any violation
26of this Section or Section 12-603.1 of this Code.

 

 

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1    (h) It shall be an offense for a person that is age 15, but
2under age 20, to be a passenger in a vehicle operated by a
3driver holding a graduated driver's license during the first 12
4months the driver holds the license or until the driver reaches
5the age of 18, whichever occurs sooner, if another passenger
6under the age of 20 is present, excluding a sibling,
7step-sibling, child, or step-child of the driver.
8    (i) No graduated driver's license shall be issued to any
9applicant under the age of 18 years if the applicant has been
10issued a traffic citation for which a disposition has not been
11rendered at the time of application.
12(Source: P.A. 97-229, eff. 7-28-11; 97-835, eff. 7-20-12;
1398-168, eff. 1-1-14.)
 
14    (625 ILCS 5/6-408.5)
15    Sec. 6-408.5. Courses for students or high school dropouts;
16limitation.
17    (a) No driver training school or driving training
18instructor licensed under this Act may request a certificate of
19completion from the Secretary of State as provided in Section
206-411 for any person who is enrolled as a student in any public
21or non-public secondary school at the time such instruction is
22to be provided, or who was so enrolled during the semester last
23ended if that instruction is to be provided between semesters
24or during the summer after the regular school term ends, unless
25that student has received a passing grade in at least 8 courses

 

 

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1during the 2 semesters last ending prior to requesting a
2certificate of completion from the Secretary of State for the
3student.
4    (b) No driver training school or driving training
5instructor licensed under this Act may request a certificate of
6completion from the Secretary of State as provided in Section
76-411 for any person who has dropped out of school and has not
8yet attained the age of 18 years unless the driver training
9school or driving training instructor has: 1) obtained written
10documentation verifying the dropout's enrollment in a high
11school equivalency testing GED or alternative education
12program or has obtained a copy of the dropout's high school
13equivalency GED certificate; 2) obtained verification that the
14student prior to dropping out had received a passing grade in
15at least 8 courses during the 2 previous semesters last ending
16prior to requesting a certificate of completion; or 3) obtained
17written consent from the dropout's parents or guardians and the
18regional superintendent.
19    (c) Students shall be informed of the eligibility
20requirements of this Act in writing at the time of
21registration.
22    (d) The superintendent of schools of the school district in
23which the student resides and attends school or in which the
24student resides at the time he or she drops out of school (with
25respect to a public high school student or a dropout from the
26public high school) or the chief school administrator (with

 

 

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1respect to a student who attends a non-public high school or a
2dropout from a non-public high school) may waive the
3requirements of this Section if the superintendent or chief
4school administrator, as the case may be, deems it to be in the
5best interests of the student or dropout. Before requesting a
6certificate of completion from the Secretary of State for any
7person who is enrolled as a student in any public or non-public
8secondary school or who was so enrolled in the semester last
9ending prior to the request for a certificate of completion
10from the Secretary of State or who is of high school age, the
11driver training school shall determine from the school district
12in which that person resides or resided at the time of dropping
13out of school, or from the chief administrator of the
14non-public high school attended or last attended by such
15person, as the case may be, that such person is not ineligible
16to receive a certificate of completion under this Section.
17(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
 
18    Section 130. The Unified Code of Corrections is amended by
19changing Sections 3-3-8, 3-6-3, 3-6-8, 3-12-16, 5-5-3, 5-6-3,
205-6-3.1, 5-6-3.3, 5-6-3.4, 5-7-1, and 5-8-1.3 as follows:
 
21    (730 ILCS 5/3-3-8)  (from Ch. 38, par. 1003-3-8)
22    Sec. 3-3-8. Length of parole, aftercare release, and
23mandatory supervised release; discharge.)
24    (a) The length of parole for a person sentenced under the

 

 

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1law in effect prior to the effective date of this amendatory
2Act of 1977 and the length of mandatory supervised release for
3those sentenced under the law in effect on and after such
4effective date shall be as set out in Section 5-8-1 unless
5sooner terminated under paragraph (b) of this Section. The
6aftercare release period of a juvenile committed to the
7Department under the Juvenile Court Act or the Juvenile Court
8Act of 1987 shall extend until he or she is 21 years of age
9unless sooner terminated under paragraph (b) of this Section.
10    (b) The Prisoner Review Board may enter an order releasing
11and discharging one from parole, aftercare release, or
12mandatory supervised release, and his or her commitment to the
13Department, when it determines that he or she is likely to
14remain at liberty without committing another offense.
15    (b-1) Provided that the subject is in compliance with the
16terms and conditions of his or her parole, aftercare release,
17or mandatory supervised release, the Prisoner Review Board may
18reduce the period of a parolee or releasee's parole, aftercare
19release, or mandatory supervised release by 90 days upon the
20parolee or releasee receiving a high school diploma or upon
21passage of high school equivalency testing the high school
22level Test of General Educational Development during the period
23of his or her parole, aftercare release, or mandatory
24supervised release. This reduction in the period of a subject's
25term of parole, aftercare release, or mandatory supervised
26release shall be available only to subjects who have not

 

 

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1previously earned a high school diploma or who have not
2previously passed high school equivalency testing the high
3school level Test of General Educational Development.
4    (c) The order of discharge shall become effective upon
5entry of the order of the Board. The Board shall notify the
6clerk of the committing court of the order. Upon receipt of
7such copy, the clerk shall make an entry on the record judgment
8that the sentence or commitment has been satisfied pursuant to
9the order.
10    (d) Rights of the person discharged under this Section
11shall be restored under Section 5-5-5. This Section is subject
12to Section 5-750 of the Juvenile Court Act of 1987.
13(Source: P.A. 97-531, eff. 1-1-12; 98-558, eff. 1-1-14.)
 
14    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
15    Sec. 3-6-3. Rules and Regulations for Sentence Credit.
16        (a) (1) The Department of Corrections shall prescribe
17    rules and regulations for awarding and revoking sentence
18    credit for persons committed to the Department which shall
19    be subject to review by the Prisoner Review Board.
20        (1.5) As otherwise provided by law, sentence credit may
21    be awarded for the following:
22            (A) successful completion of programming while in
23        custody of the Department or while in custody prior to
24        sentencing;
25            (B) compliance with the rules and regulations of

 

 

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1        the Department; or
2            (C) service to the institution, service to a
3        community, or service to the State.
4        (2) The rules and regulations on sentence credit shall
5    provide, with respect to offenses listed in clause (i),
6    (ii), or (iii) of this paragraph (2) committed on or after
7    June 19, 1998 or with respect to the offense listed in
8    clause (iv) of this paragraph (2) committed on or after
9    June 23, 2005 (the effective date of Public Act 94-71) or
10    with respect to offense listed in clause (vi) committed on
11    or after June 1, 2008 (the effective date of Public Act
12    95-625) or with respect to the offense of being an armed
13    habitual criminal committed on or after August 2, 2005 (the
14    effective date of Public Act 94-398) or with respect to the
15    offenses listed in clause (v) of this paragraph (2)
16    committed on or after August 13, 2007 (the effective date
17    of Public Act 95-134) or with respect to the offense of
18    aggravated domestic battery committed on or after July 23,
19    2010 (the effective date of Public Act 96-1224) or with
20    respect to the offense of attempt to commit terrorism
21    committed on or after January 1, 2013 (the effective date
22    of Public Act 97-990), the following:
23            (i) that a prisoner who is serving a term of
24        imprisonment for first degree murder or for the offense
25        of terrorism shall receive no sentence credit and shall
26        serve the entire sentence imposed by the court;

 

 

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1            (ii) that a prisoner serving a sentence for attempt
2        to commit terrorism, attempt to commit first degree
3        murder, solicitation of murder, solicitation of murder
4        for hire, intentional homicide of an unborn child,
5        predatory criminal sexual assault of a child,
6        aggravated criminal sexual assault, criminal sexual
7        assault, aggravated kidnapping, aggravated battery
8        with a firearm as described in Section 12-4.2 or
9        subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
10        Section 12-3.05, heinous battery as described in
11        Section 12-4.1 or subdivision (a)(2) of Section
12        12-3.05, being an armed habitual criminal, aggravated
13        battery of a senior citizen as described in Section
14        12-4.6 or subdivision (a)(4) of Section 12-3.05, or
15        aggravated battery of a child as described in Section
16        12-4.3 or subdivision (b)(1) of Section 12-3.05 shall
17        receive no more than 4.5 days of sentence credit for
18        each month of his or her sentence of imprisonment;
19            (iii) that a prisoner serving a sentence for home
20        invasion, armed robbery, aggravated vehicular
21        hijacking, aggravated discharge of a firearm, or armed
22        violence with a category I weapon or category II
23        weapon, when the court has made and entered a finding,
24        pursuant to subsection (c-1) of Section 5-4-1 of this
25        Code, that the conduct leading to conviction for the
26        enumerated offense resulted in great bodily harm to a

 

 

HB4336- 124 -LRB098 16126 NHT 51183 b

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

 

 

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

 

 

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1    compounds, or any combination thereof as defined in
2    subparagraph (F) of paragraph (1) of subsection (d) of
3    Section 11-501 of the Illinois Vehicle Code, and other than
4    the offense of aggravated driving under the influence of
5    alcohol, other drug or drugs, or intoxicating compound or
6    compounds, or any combination thereof as defined in
7    subparagraph (C) of paragraph (1) of subsection (d) of
8    Section 11-501 of the Illinois Vehicle Code committed on or
9    after January 1, 2011 (the effective date of Public Act
10    96-1230), the rules and regulations shall provide that a
11    prisoner who is serving a term of imprisonment shall
12    receive one day of sentence credit for each day of his or
13    her sentence of imprisonment or recommitment under Section
14    3-3-9. Each day of sentence credit shall reduce by one day
15    the prisoner's period of imprisonment or recommitment
16    under Section 3-3-9.
17        (2.2) A prisoner serving a term of natural life
18    imprisonment or a prisoner who has been sentenced to death
19    shall receive no sentence credit.
20        (2.3) The rules and regulations on sentence credit
21    shall provide that a prisoner who is serving a sentence for
22    aggravated driving under the influence of alcohol, other
23    drug or drugs, or intoxicating compound or compounds, or
24    any combination thereof as defined in subparagraph (F) of
25    paragraph (1) of subsection (d) of Section 11-501 of the
26    Illinois Vehicle Code, shall receive no more than 4.5 days

 

 

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1    of sentence credit for each month of his or her sentence of
2    imprisonment.
3        (2.4) The rules and regulations on sentence credit
4    shall provide with respect to the offenses of aggravated
5    battery with a machine gun or a firearm equipped with any
6    device or attachment designed or used for silencing the
7    report of a firearm or aggravated discharge of a machine
8    gun or a firearm equipped with any device or attachment
9    designed or used for silencing the report of a firearm,
10    committed on or after July 15, 1999 (the effective date of
11    Public Act 91-121), that a prisoner serving a sentence for
12    any of these offenses shall receive no more than 4.5 days
13    of sentence credit for each month of his or her sentence of
14    imprisonment.
15        (2.5) The rules and regulations on sentence credit
16    shall provide that a prisoner who is serving a sentence for
17    aggravated arson committed on or after July 27, 2001 (the
18    effective date of Public Act 92-176) shall receive no more
19    than 4.5 days of sentence credit for each month of his or
20    her sentence of imprisonment.
21        (2.6) The rules and regulations on sentence credit
22    shall provide that a prisoner who is serving a sentence for
23    aggravated driving under the influence of alcohol, other
24    drug or drugs, or intoxicating compound or compounds or any
25    combination thereof as defined in subparagraph (C) of
26    paragraph (1) of subsection (d) of Section 11-501 of the

 

 

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1    Illinois Vehicle Code committed on or after January 1, 2011
2    (the effective date of Public Act 96-1230) shall receive no
3    more than 4.5 days of sentence credit for each month of his
4    or her sentence of imprisonment.
5        (3) The rules and regulations shall also provide that
6    the Director may award up to 180 days additional sentence
7    credit for good conduct in specific instances as the
8    Director deems proper. The good conduct may include, but is
9    not limited to, compliance with the rules and regulations
10    of the Department, service to the Department, service to a
11    community, or service to the State. However, the Director
12    shall not award more than 90 days of sentence credit for
13    good conduct to any prisoner who is serving a sentence for
14    conviction of first degree murder, reckless homicide while
15    under the influence of alcohol or any other drug, or
16    aggravated driving under the influence of alcohol, other
17    drug or drugs, or intoxicating compound or compounds, or
18    any combination thereof as defined in subparagraph (F) of
19    paragraph (1) of subsection (d) of Section 11-501 of the
20    Illinois Vehicle Code, aggravated kidnapping, kidnapping,
21    predatory criminal sexual assault of a child, aggravated
22    criminal sexual assault, criminal sexual assault, deviate
23    sexual assault, aggravated criminal sexual abuse,
24    aggravated indecent liberties with a child, indecent
25    liberties with a child, child pornography, heinous battery
26    as described in Section 12-4.1 or subdivision (a)(2) of

 

 

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1    Section 12-3.05, aggravated battery of a spouse,
2    aggravated battery of a spouse with a firearm, stalking,
3    aggravated stalking, aggravated battery of a child as
4    described in Section 12-4.3 or subdivision (b)(1) of
5    Section 12-3.05, endangering the life or health of a child,
6    or cruelty to a child. Notwithstanding the foregoing,
7    sentence credit for good conduct shall not be awarded on a
8    sentence of imprisonment imposed for conviction of: (i) one
9    of the offenses enumerated in subdivision (a)(2)(i), (ii),
10    or (iii) when the offense is committed on or after June 19,
11    1998 or subdivision (a)(2)(iv) when the offense is
12    committed on or after June 23, 2005 (the effective date of
13    Public Act 94-71) or subdivision (a)(2)(v) when the offense
14    is committed on or after August 13, 2007 (the effective
15    date of Public Act 95-134) or subdivision (a)(2)(vi) when
16    the offense is committed on or after June 1, 2008 (the
17    effective date of Public Act 95-625) or subdivision
18    (a)(2)(vii) when the offense is committed on or after July
19    23, 2010 (the effective date of Public Act 96-1224), (ii)
20    aggravated driving under the influence of alcohol, other
21    drug or drugs, or intoxicating compound or compounds, or
22    any combination thereof as defined in subparagraph (F) of
23    paragraph (1) of subsection (d) of Section 11-501 of the
24    Illinois Vehicle Code, (iii) one of the offenses enumerated
25    in subdivision (a)(2.4) when the offense is committed on or
26    after July 15, 1999 (the effective date of Public Act

 

 

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1    91-121), (iv) aggravated arson when the offense is
2    committed on or after July 27, 2001 (the effective date of
3    Public Act 92-176), (v) offenses that may subject the
4    offender to commitment under the Sexually Violent Persons
5    Commitment Act, or (vi) aggravated driving under the
6    influence of alcohol, other drug or drugs, or intoxicating
7    compound or compounds or any combination thereof as defined
8    in subparagraph (C) of paragraph (1) of subsection (d) of
9    Section 11-501 of the Illinois Vehicle Code committed on or
10    after January 1, 2011 (the effective date of Public Act
11    96-1230).
12    Eligible inmates for an award of sentence credit under this
13paragraph (3) may be selected to receive the credit at the
14Director's or his or her designee's sole discretion.
15Consideration may be based on, but not limited to, any
16available risk assessment analysis on the inmate, any history
17of conviction for violent crimes as defined by the Rights of
18Crime Victims and Witnesses Act, facts and circumstances of the
19inmate's holding offense or offenses, and the potential for
20rehabilitation.
21    The Director shall not award sentence credit under this
22paragraph (3) to an inmate unless the inmate has served a
23minimum of 60 days of the sentence; except nothing in this
24paragraph shall be construed to permit the Director to extend
25an inmate's sentence beyond that which was imposed by the
26court. Prior to awarding credit under this paragraph (3), the

 

 

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1Director shall make a written determination that the inmate:
2            (A) is eligible for the sentence credit;
3            (B) has served a minimum of 60 days, or as close to
4        60 days as the sentence will allow; and
5            (C) has met the eligibility criteria established
6        by rule.
7        The Director shall determine the form and content of
8    the written determination required in this subsection.
9        (3.5) The Department shall provide annual written
10    reports to the Governor and the General Assembly on the
11    award of sentence credit for good conduct, with the first
12    report due January 1, 2014. The Department must publish
13    both reports on its website within 48 hours of transmitting
14    the reports to the Governor and the General Assembly. The
15    reports must include:
16            (A) the number of inmates awarded sentence credit
17        for good conduct;
18            (B) the average amount of sentence credit for good
19        conduct awarded;
20            (C) the holding offenses of inmates awarded
21        sentence credit for good conduct; and
22            (D) the number of sentence credit for good conduct
23        revocations.
24        (4) The rules and regulations shall also provide that
25    the sentence credit accumulated and retained under
26    paragraph (2.1) of subsection (a) of this Section by any

 

 

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1    inmate during specific periods of time in which such inmate
2    is engaged full-time in substance abuse programs,
3    correctional industry assignments, educational programs,
4    behavior modification programs, life skills courses, or
5    re-entry planning provided by the Department under this
6    paragraph (4) and satisfactorily completes the assigned
7    program as determined by the standards of the Department,
8    shall be multiplied by a factor of 1.25 for program
9    participation before August 11, 1993 and 1.50 for program
10    participation on or after that date. The rules and
11    regulations shall also provide that sentence credit,
12    subject to the same offense limits and multiplier provided
13    in this paragraph, may be provided to an inmate who was
14    held in pre-trial detention prior to his or her current
15    commitment to the Department of Corrections and
16    successfully completed a full-time, 60-day or longer
17    substance abuse program, educational program, behavior
18    modification program, life skills course, or re-entry
19    planning provided by the county department of corrections
20    or county jail. Calculation of this county program credit
21    shall be done at sentencing as provided in Section
22    5-4.5-100 of this Code and shall be included in the
23    sentencing order. However, no inmate shall be eligible for
24    the additional sentence credit under this paragraph (4) or
25    (4.1) of this subsection (a) while assigned to a boot camp
26    or electronic detention, or if convicted of an offense

 

 

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1    enumerated in subdivision (a)(2)(i), (ii), or (iii) of this
2    Section that is committed on or after June 19, 1998 or
3    subdivision (a)(2)(iv) of this Section that is committed on
4    or after June 23, 2005 (the effective date of Public Act
5    94-71) or subdivision (a)(2)(v) of this Section that is
6    committed on or after August 13, 2007 (the effective date
7    of Public Act 95-134) or subdivision (a)(2)(vi) when the
8    offense is committed on or after June 1, 2008 (the
9    effective date of Public Act 95-625) or subdivision
10    (a)(2)(vii) when the offense is committed on or after July
11    23, 2010 (the effective date of Public Act 96-1224), or if
12    convicted of aggravated driving under the influence of
13    alcohol, other drug or drugs, or intoxicating compound or
14    compounds or any combination thereof as defined in
15    subparagraph (F) of paragraph (1) of subsection (d) of
16    Section 11-501 of the Illinois Vehicle Code, or if
17    convicted of aggravated driving under the influence of
18    alcohol, other drug or drugs, or intoxicating compound or
19    compounds or any combination thereof as defined in
20    subparagraph (C) of paragraph (1) of subsection (d) of
21    Section 11-501 of the Illinois Vehicle Code committed on or
22    after January 1, 2011 (the effective date of Public Act
23    96-1230), or if convicted of an offense enumerated in
24    paragraph (a)(2.4) of this Section that is committed on or
25    after July 15, 1999 (the effective date of Public Act
26    91-121), or first degree murder, a Class X felony, criminal

 

 

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1    sexual assault, felony criminal sexual abuse, aggravated
2    criminal sexual abuse, aggravated battery with a firearm as
3    described in Section 12-4.2 or subdivision (e)(1), (e)(2),
4    (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or
5    successor offenses with the same or substantially the same
6    elements, or any inchoate offenses relating to the
7    foregoing offenses. No inmate shall be eligible for the
8    additional good conduct credit under this paragraph (4) who
9    (i) has previously received increased good conduct credit
10    under this paragraph (4) and has subsequently been
11    convicted of a felony, or (ii) has previously served more
12    than one prior sentence of imprisonment for a felony in an
13    adult correctional facility.
14        Educational, vocational, substance abuse, behavior
15    modification programs, life skills courses, re-entry
16    planning, and correctional industry programs under which
17    sentence credit may be increased under this paragraph (4)
18    and paragraph (4.1) of this subsection (a) shall be
19    evaluated by the Department on the basis of documented
20    standards. The Department shall report the results of these
21    evaluations to the Governor and the General Assembly by
22    September 30th of each year. The reports shall include data
23    relating to the recidivism rate among program
24    participants.
25        Availability of these programs shall be subject to the
26    limits of fiscal resources appropriated by the General

 

 

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1    Assembly for these purposes. Eligible inmates who are
2    denied immediate admission shall be placed on a waiting
3    list under criteria established by the Department. The
4    inability of any inmate to become engaged in any such
5    programs by reason of insufficient program resources or for
6    any other reason established under the rules and
7    regulations of the Department shall not be deemed a cause
8    of action under which the Department or any employee or
9    agent of the Department shall be liable for damages to the
10    inmate.
11        (4.1) The rules and regulations shall also provide that
12    an additional 60 days of sentence credit shall be awarded
13    to any prisoner who passes high school equivalency testing
14    the high school level Test of General Educational
15    Development (GED) while the prisoner is committed to the
16    Department of Corrections. The sentence credit awarded
17    under this paragraph (4.1) shall be in addition to, and
18    shall not affect, the award of sentence credit under any
19    other paragraph of this Section, but shall also be pursuant
20    to the guidelines and restrictions set forth in paragraph
21    (4) of subsection (a) of this Section. The sentence credit
22    provided for in this paragraph shall be available only to
23    those prisoners who have not previously earned a high
24    school diploma or a high school equivalency certificate
25    GED. If, after an award of the high school equivalency
26    testing GED sentence credit has been made, and the

 

 

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1    Department determines that the prisoner was not eligible,
2    then the award shall be revoked. The Department may also
3    award 60 days of sentence credit to any committed person
4    who passed high school equivalency testing the high school
5    level Test of General Educational Development (GED) while
6    he or she was held in pre-trial detention prior to the
7    current commitment to the Department of Corrections.
8        (4.5) The rules and regulations on sentence credit
9    shall also provide that when the court's sentencing order
10    recommends a prisoner for substance abuse treatment and the
11    crime was committed on or after September 1, 2003 (the
12    effective date of Public Act 93-354), the prisoner shall
13    receive no sentence credit awarded under clause (3) of this
14    subsection (a) unless he or she participates in and
15    completes a substance abuse treatment program. The
16    Director may waive the requirement to participate in or
17    complete a substance abuse treatment program and award the
18    sentence credit in specific instances if the prisoner is
19    not a good candidate for a substance abuse treatment
20    program for medical, programming, or operational reasons.
21    Availability of substance abuse treatment shall be subject
22    to the limits of fiscal resources appropriated by the
23    General Assembly for these purposes. If treatment is not
24    available and the requirement to participate and complete
25    the treatment has not been waived by the Director, the
26    prisoner shall be placed on a waiting list under criteria

 

 

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1    established by the Department. The Director may allow a
2    prisoner placed on a waiting list to participate in and
3    complete a substance abuse education class or attend
4    substance abuse self-help meetings in lieu of a substance
5    abuse treatment program. A prisoner on a waiting list who
6    is not placed in a substance abuse program prior to release
7    may be eligible for a waiver and receive sentence credit
8    under clause (3) of this subsection (a) at the discretion
9    of the Director.
10        (4.6) The rules and regulations on sentence credit
11    shall also provide that a prisoner who has been convicted
12    of a sex offense as defined in Section 2 of the Sex
13    Offender Registration Act shall receive no sentence credit
14    unless he or she either has successfully completed or is
15    participating in sex offender treatment as defined by the
16    Sex Offender Management Board. However, prisoners who are
17    waiting to receive treatment, but who are unable to do so
18    due solely to the lack of resources on the part of the
19    Department, may, at the Director's sole discretion, be
20    awarded sentence credit at a rate as the Director shall
21    determine.
22        (5) Whenever the Department is to release any inmate
23    earlier than it otherwise would because of a grant of
24    sentence credit for good conduct under paragraph (3) of
25    subsection (a) of this Section given at any time during the
26    term, the Department shall give reasonable notice of the

 

 

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

 

 

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1rules and regulations for suspending or reducing the rate of
2accumulation of sentence credit for specific rule violations,
3during imprisonment. These rules and regulations shall provide
4that no inmate may be penalized more than one year of sentence
5credit for any one infraction.
6    When the Department seeks to revoke, suspend or reduce the
7rate of accumulation of any sentence credits for an alleged
8infraction of its rules, it shall bring charges therefor
9against the prisoner sought to be so deprived of sentence
10credits before the Prisoner Review Board as provided in
11subparagraph (a)(4) of Section 3-3-2 of this Code, if the
12amount of credit at issue exceeds 30 days or when during any 12
13month period, the cumulative amount of credit revoked exceeds
1430 days except where the infraction is committed or discovered
15within 60 days of scheduled release. In those cases, the
16Department of Corrections may revoke up to 30 days of sentence
17credit. The Board may subsequently approve the revocation of
18additional sentence credit, if the Department seeks to revoke
19sentence credit in excess of 30 days. However, the Board shall
20not be empowered to review the Department's decision with
21respect to the loss of 30 days of sentence credit within any
22calendar year for any prisoner or to increase any penalty
23beyond the length requested by the Department.
24    The Director of the Department of Corrections, in
25appropriate cases, may restore up to 30 days of sentence
26credits which have been revoked, suspended or reduced. Any

 

 

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1restoration of sentence credits in excess of 30 days shall be
2subject to review by the Prisoner Review Board. However, the
3Board may not restore sentence credit in excess of the amount
4requested by the Director.
5    Nothing contained in this Section shall prohibit the
6Prisoner Review Board from ordering, pursuant to Section
73-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
8sentence imposed by the court that was not served due to the
9accumulation of sentence credit.
10    (d) If a lawsuit is filed by a prisoner in an Illinois or
11federal court against the State, the Department of Corrections,
12or the Prisoner Review Board, or against any of their officers
13or employees, and the court makes a specific finding that a
14pleading, motion, or other paper filed by the prisoner is
15frivolous, the Department of Corrections shall conduct a
16hearing to revoke up to 180 days of sentence credit by bringing
17charges against the prisoner sought to be deprived of the
18sentence credits before the Prisoner Review Board as provided
19in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
20prisoner has not accumulated 180 days of sentence credit at the
21time of the finding, then the Prisoner Review Board may revoke
22all sentence credit accumulated by the prisoner.
23    For purposes of this subsection (d):
24        (1) "Frivolous" means that a pleading, motion, or other
25    filing which purports to be a legal document filed by a
26    prisoner in his or her lawsuit meets any or all of the

 

 

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1    following criteria:
2            (A) it lacks an arguable basis either in law or in
3        fact;
4            (B) it is being presented for any improper purpose,
5        such as to harass or to cause unnecessary delay or
6        needless increase in the cost of litigation;
7            (C) the claims, defenses, and other legal
8        contentions therein are not warranted by existing law
9        or by a nonfrivolous argument for the extension,
10        modification, or reversal of existing law or the
11        establishment of new law;
12            (D) the allegations and other factual contentions
13        do not have evidentiary support or, if specifically so
14        identified, are not likely to have evidentiary support
15        after a reasonable opportunity for further
16        investigation or discovery; or
17            (E) the denials of factual contentions are not
18        warranted on the evidence, or if specifically so
19        identified, are not reasonably based on a lack of
20        information or belief.
21        (2) "Lawsuit" means a motion pursuant to Section 116-3
22    of the Code of Criminal Procedure of 1963, a habeas corpus
23    action under Article X of the Code of Civil Procedure or
24    under federal law (28 U.S.C. 2254), a petition for claim
25    under the Court of Claims Act, an action under the federal
26    Civil Rights Act (42 U.S.C. 1983), or a second or

 

 

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1    subsequent petition for post-conviction relief under
2    Article 122 of the Code of Criminal Procedure of 1963
3    whether filed with or without leave of court or a second or
4    subsequent petition for relief from judgment under Section
5    2-1401 of the Code of Civil Procedure.
6    (e) Nothing in Public Act 90-592 or 90-593 affects the
7validity of Public Act 89-404.
8    (f) Whenever the Department is to release any inmate who
9has been convicted of a violation of an order of protection
10under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
11the Criminal Code of 2012, earlier than it otherwise would
12because of a grant of sentence credit, the Department, as a
13condition of release, shall require that the person, upon
14release, be placed under electronic surveillance as provided in
15Section 5-8A-7 of this Code.
16(Source: P.A. 96-860, eff. 1-15-10; 96-1110, eff. 7-19-10;
1796-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, eff.
187-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333,
19eff. 8-12-11; 97-697, eff. 6-22-12; 97-990, eff. 1-1-13;
2097-1150, eff. 1-25-13.)
 
21    (730 ILCS 5/3-6-8)
22    Sec. 3-6-8. High school equivalency testing General
23Educational Development (GED) programs. The Department of
24Corrections shall develop and establish a program in the Adult
25Division designed to increase the number of committed persons

 

 

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1enrolled in programs for high school equivalency testing the
2high school level Test of General Educational Development (GED)
3and pursuing high school equivalency GED certificates by at
4least 100% over the 4-year period following the effective date
5of this amendatory Act of the 94th General Assembly. Pursuant
6to the program, each adult institution and facility shall
7report annually to the Director of Corrections on the number of
8committed persons enrolled in high school equivalency testing
9GED programs and those who pass high school equivalency testing
10the high school level Test of General Educational Development
11(GED), and the number of committed persons in the Adult
12Division who are on waiting lists for participation in the high
13school equivalency testing GED programs.
14(Source: P.A. 94-128, eff. 7-7-05; 94-744, eff. 5-8-06.)
 
15    (730 ILCS 5/3-12-16)
16    Sec. 3-12-16. Helping Paws Service Dog Program.
17    (a) In this Section:
18    "Disabled person" means a person who suffers from a
19physical or mental impairment that substantially limits one or
20more major life activities.
21    "Program" means the Helping Paws Service Dog Program
22created by this Section.
23    "Service dog" means a dog trained in obedience and task
24skills to meet the needs of a disabled person.
25    "Animal care professional" means a person certified to work

 

 

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1in animal care related services, such as grooming, kenneling,
2and any other related fields.
3    "Service dog professional" means a person certified to
4train service dogs by an agency, organization, or school
5approved by the Department.
6    (b) The Department may establish the Helping Paws Service
7Dog Program to train committed persons to be service dog
8trainers and animal care professionals. The Department shall
9select committed persons in various correctional institutions
10and facilities to participate in the Program.
11    (c) Priority for participation in the Program must be given
12to committed persons who either have a high school diploma or
13have passed high school equivalency testing the high school
14level Test of General Educational Development (GED).
15    (d) The Department may contract with service dog
16professionals to train committed persons to be certified
17service dog trainers. Service dog professionals shall train
18committed persons in dog obedience training, service dog
19training, and animal health care. Upon successful completion of
20the training, a committed person shall receive certification by
21an agency, organization, or school approved by the Department.
22    (e) The Department may designate a non-profit organization
23to select animals from humane societies and shelters for the
24purpose of being trained as service dogs and for participation
25in any program designed to train animal care professionals.
26    (f) After a dog is trained by the committed person as a

 

 

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1service dog, a review committee consisting of an equal number
2of persons from the Department and the non-profit organization
3shall select a disabled person to receive the service dog free
4of charge.
5    (g) Employees of the Department shall periodically visit
6disabled persons who have received service dogs from the
7Department under this Section to determine whether the needs of
8the disabled persons have been met by the service dogs trained
9by committed persons.
10    (h) Employees of the Department shall periodically visit
11committed persons who have been certified as service dog
12trainers or animal care professionals and who have been paroled
13or placed on mandatory supervised release to determine whether
14the committed persons are using their skills as certified
15service dog trainers or animal care professionals.
16(Source: P.A. 92-236, eff. 8-3-01.)
 
17    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
18    Sec. 5-5-3. Disposition.
19    (a) (Blank).
20    (b) (Blank).
21    (c) (1) (Blank).
22        (2) A period of probation, a term of periodic
23    imprisonment or conditional discharge shall not be imposed
24    for the following offenses. The court shall sentence the
25    offender to not less than the minimum term of imprisonment

 

 

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1    set forth in this Code for the following offenses, and may
2    order a fine or restitution or both in conjunction with
3    such term of imprisonment:
4            (A) First degree murder where the death penalty is
5        not imposed.
6            (B) Attempted first degree murder.
7            (C) A Class X felony.
8            (D) A violation of Section 401.1 or 407 of the
9        Illinois Controlled Substances Act, or a violation of
10        subdivision (c)(1.5) or (c)(2) of Section 401 of that
11        Act which relates to more than 5 grams of a substance
12        containing cocaine, fentanyl, or an analog thereof.
13            (D-5) A violation of subdivision (c)(1) of Section
14        401 of the Illinois Controlled Substances Act which
15        relates to 3 or more grams of a substance containing
16        heroin or an analog thereof.
17            (E) A violation of Section 5.1 or 9 of the Cannabis
18        Control Act.
19            (F) A Class 2 or greater felony if the offender had
20        been convicted of a Class 2 or greater felony,
21        including any state or federal conviction for an
22        offense that contained, at the time it was committed,
23        the same elements as an offense now (the date of the
24        offense committed after the prior Class 2 or greater
25        felony) classified as a Class 2 or greater felony,
26        within 10 years of the date on which the offender

 

 

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1        committed the offense for which he or she is being
2        sentenced, except as otherwise provided in Section
3        40-10 of the Alcoholism and Other Drug Abuse and
4        Dependency Act.
5            (F-5) A violation of Section 24-1, 24-1.1, or
6        24-1.6 of the Criminal Code of 1961 or the Criminal
7        Code of 2012 for which imprisonment is prescribed in
8        those Sections.
9            (G) Residential burglary, except as otherwise
10        provided in Section 40-10 of the Alcoholism and Other
11        Drug Abuse and Dependency Act.
12            (H) Criminal sexual assault.
13            (I) Aggravated battery of a senior citizen as
14        described in Section 12-4.6 or subdivision (a)(4) of
15        Section 12-3.05 of the Criminal Code of 1961 or the
16        Criminal Code of 2012.
17            (J) A forcible felony if the offense was related to
18        the activities of an organized gang.
19            Before July 1, 1994, for the purposes of this
20        paragraph, "organized gang" means an association of 5
21        or more persons, with an established hierarchy, that
22        encourages members of the association to perpetrate
23        crimes or provides support to the members of the
24        association who do commit crimes.
25            Beginning July 1, 1994, for the purposes of this
26        paragraph, "organized gang" has the meaning ascribed

 

 

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1        to it in Section 10 of the Illinois Streetgang
2        Terrorism Omnibus Prevention Act.
3            (K) Vehicular hijacking.
4            (L) A second or subsequent conviction for the
5        offense of hate crime when the underlying offense upon
6        which the hate crime is based is felony aggravated
7        assault or felony mob action.
8            (M) A second or subsequent conviction for the
9        offense of institutional vandalism if the damage to the
10        property exceeds $300.
11            (N) A Class 3 felony violation of paragraph (1) of
12        subsection (a) of Section 2 of the Firearm Owners
13        Identification Card Act.
14            (O) A violation of Section 12-6.1 or 12-6.5 of the
15        Criminal Code of 1961 or the Criminal Code of 2012.
16            (P) A violation of paragraph (1), (2), (3), (4),
17        (5), or (7) of subsection (a) of Section 11-20.1 of the
18        Criminal Code of 1961 or the Criminal Code of 2012.
19            (Q) A violation of subsection (b) or (b-5) of
20        Section 20-1, Section 20-1.2, or Section 20-1.3 of the
21        Criminal Code of 1961 or the Criminal Code of 2012.
22            (R) A violation of Section 24-3A of the Criminal
23        Code of 1961 or the Criminal Code of 2012.
24            (S) (Blank).
25            (T) A second or subsequent violation of the
26        Methamphetamine Control and Community Protection Act.

 

 

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1            (U) A second or subsequent violation of Section
2        6-303 of the Illinois Vehicle Code committed while his
3        or her driver's license, permit, or privilege was
4        revoked because of a violation of Section 9-3 of the
5        Criminal Code of 1961 or the Criminal Code of 2012,
6        relating to the offense of reckless homicide, or a
7        similar provision of a law of another state.
8            (V) A violation of paragraph (4) of subsection (c)
9        of Section 11-20.1B or paragraph (4) of subsection (c)
10        of Section 11-20.3 of the Criminal Code of 1961, or
11        paragraph (6) of subsection (a) of Section 11-20.1 of
12        the Criminal Code of 2012 when the victim is under 13
13        years of age and the defendant has previously been
14        convicted under the laws of this State or any other
15        state of the offense of child pornography, aggravated
16        child pornography, aggravated criminal sexual abuse,
17        aggravated criminal sexual assault, predatory criminal
18        sexual assault of a child, or any of the offenses
19        formerly known as rape, deviate sexual assault,
20        indecent liberties with a child, or aggravated
21        indecent liberties with a child where the victim was
22        under the age of 18 years or an offense that is
23        substantially equivalent to those offenses.
24            (W) A violation of Section 24-3.5 of the Criminal
25        Code of 1961 or the Criminal Code of 2012.
26            (X) A violation of subsection (a) of Section 31-1a

 

 

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1        of the Criminal Code of 1961 or the Criminal Code of
2        2012.
3            (Y) A conviction for unlawful possession of a
4        firearm by a street gang member when the firearm was
5        loaded or contained firearm ammunition.
6            (Z) A Class 1 felony committed while he or she was
7        serving a term of probation or conditional discharge
8        for a felony.
9            (AA) Theft of property exceeding $500,000 and not
10        exceeding $1,000,000 in value.
11            (BB) Laundering of criminally derived property of
12        a value exceeding $500,000.
13            (CC) Knowingly selling, offering for sale, holding
14        for sale, or using 2,000 or more counterfeit items or
15        counterfeit items having a retail value in the
16        aggregate of $500,000 or more.
17            (DD) A conviction for aggravated assault under
18        paragraph (6) of subsection (c) of Section 12-2 of the
19        Criminal Code of 1961 or the Criminal Code of 2012 if
20        the firearm is aimed toward the person against whom the
21        firearm is being used.
22        (3) (Blank).
23        (4) A minimum term of imprisonment of not less than 10
24    consecutive days or 30 days of community service shall be
25    imposed for a violation of paragraph (c) of Section 6-303
26    of the Illinois Vehicle Code.

 

 

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1        (4.1) (Blank).
2        (4.2) Except as provided in paragraphs (4.3) and (4.8)
3    of this subsection (c), a minimum of 100 hours of community
4    service shall be imposed for a second violation of Section
5    6-303 of the Illinois Vehicle Code.
6        (4.3) A minimum term of imprisonment of 30 days or 300
7    hours of community service, as determined by the court,
8    shall be imposed for a second violation of subsection (c)
9    of Section 6-303 of the Illinois Vehicle Code.
10        (4.4) Except as provided in paragraphs (4.5), (4.6),
11    and (4.9) of this subsection (c), a minimum term of
12    imprisonment of 30 days or 300 hours of community service,
13    as determined by the court, shall be imposed for a third or
14    subsequent violation of Section 6-303 of the Illinois
15    Vehicle Code.
16        (4.5) A minimum term of imprisonment of 30 days shall
17    be imposed for a third violation of subsection (c) of
18    Section 6-303 of the Illinois Vehicle Code.
19        (4.6) Except as provided in paragraph (4.10) of this
20    subsection (c), a minimum term of imprisonment of 180 days
21    shall be imposed for a fourth or subsequent violation of
22    subsection (c) of Section 6-303 of the Illinois Vehicle
23    Code.
24        (4.7) A minimum term of imprisonment of not less than
25    30 consecutive days, or 300 hours of community service,
26    shall be imposed for a violation of subsection (a-5) of

 

 

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1    Section 6-303 of the Illinois Vehicle Code, as provided in
2    subsection (b-5) of that Section.
3        (4.8) A mandatory prison sentence shall be imposed for
4    a second violation of subsection (a-5) of Section 6-303 of
5    the Illinois Vehicle Code, as provided in subsection (c-5)
6    of that Section. The person's driving privileges shall be
7    revoked for a period of not less than 5 years from the date
8    of his or her release from prison.
9        (4.9) A mandatory prison sentence of not less than 4
10    and not more than 15 years shall be imposed for a third
11    violation of subsection (a-5) of Section 6-303 of the
12    Illinois Vehicle Code, as provided in subsection (d-2.5) of
13    that Section. The person's driving privileges shall be
14    revoked for the remainder of his or her life.
15        (4.10) A mandatory prison sentence for a Class 1 felony
16    shall be imposed, and the person shall be eligible for an
17    extended term sentence, for a fourth or subsequent
18    violation of subsection (a-5) of Section 6-303 of the
19    Illinois Vehicle Code, as provided in subsection (d-3.5) of
20    that Section. The person's driving privileges shall be
21    revoked for the remainder of his or her life.
22        (5) The court may sentence a corporation or
23    unincorporated association convicted of any offense to:
24            (A) a period of conditional discharge;
25            (B) a fine;
26            (C) make restitution to the victim under Section

 

 

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1        5-5-6 of this Code.
2        (5.1) In addition to any other penalties imposed, and
3    except as provided in paragraph (5.2) or (5.3), a person
4    convicted of violating subsection (c) of Section 11-907 of
5    the Illinois Vehicle Code shall have his or her driver's
6    license, permit, or privileges suspended for at least 90
7    days but not more than one year, if the violation resulted
8    in damage to the property of another person.
9        (5.2) In addition to any other penalties imposed, and
10    except as provided in paragraph (5.3), a person convicted
11    of violating subsection (c) of Section 11-907 of the
12    Illinois Vehicle Code shall have his or her driver's
13    license, permit, or privileges suspended for at least 180
14    days but not more than 2 years, if the violation resulted
15    in injury to another person.
16        (5.3) In addition to any other penalties imposed, a
17    person convicted of violating subsection (c) of Section
18    11-907 of the Illinois Vehicle Code shall have his or her
19    driver's license, permit, or privileges suspended for 2
20    years, if the violation resulted in the death of another
21    person.
22        (5.4) In addition to any other penalties imposed, a
23    person convicted of violating Section 3-707 of the Illinois
24    Vehicle Code shall have his or her driver's license,
25    permit, or privileges suspended for 3 months and until he
26    or she has paid a reinstatement fee of $100.

 

 

HB4336- 154 -LRB098 16126 NHT 51183 b

1        (5.5) In addition to any other penalties imposed, a
2    person convicted of violating Section 3-707 of the Illinois
3    Vehicle Code during a period in which his or her driver's
4    license, permit, or privileges were suspended for a
5    previous violation of that Section shall have his or her
6    driver's license, permit, or privileges suspended for an
7    additional 6 months after the expiration of the original
8    3-month suspension and until he or she has paid a
9    reinstatement fee of $100.
10        (6) (Blank).
11        (7) (Blank).
12        (8) (Blank).
13        (9) A defendant convicted of a second or subsequent
14    offense of ritualized abuse of a child may be sentenced to
15    a term of natural life imprisonment.
16        (10) (Blank).
17        (11) The court shall impose a minimum fine of $1,000
18    for a first offense and $2,000 for a second or subsequent
19    offense upon a person convicted of or placed on supervision
20    for battery when the individual harmed was a sports
21    official or coach at any level of competition and the act
22    causing harm to the sports official or coach occurred
23    within an athletic facility or within the immediate
24    vicinity of the athletic facility at which the sports
25    official or coach was an active participant of the athletic
26    contest held at the athletic facility. For the purposes of

 

 

HB4336- 155 -LRB098 16126 NHT 51183 b

1    this paragraph (11), "sports official" means a person at an
2    athletic contest who enforces the rules of the contest,
3    such as an umpire or referee; "athletic facility" means an
4    indoor or outdoor playing field or recreational area where
5    sports activities are conducted; and "coach" means a person
6    recognized as a coach by the sanctioning authority that
7    conducted the sporting event.
8        (12) A person may not receive a disposition of court
9    supervision for a violation of Section 5-16 of the Boat
10    Registration and Safety Act if that person has previously
11    received a disposition of court supervision for a violation
12    of that Section.
13        (13) A person convicted of or placed on court
14    supervision for an assault or aggravated assault when the
15    victim and the offender are family or household members as
16    defined in Section 103 of the Illinois Domestic Violence
17    Act of 1986 or convicted of domestic battery or aggravated
18    domestic battery may be required to attend a Partner Abuse
19    Intervention Program under protocols set forth by the
20    Illinois Department of Human Services under such terms and
21    conditions imposed by the court. The costs of such classes
22    shall be paid by the offender.
23    (d) In any case in which a sentence originally imposed is
24vacated, the case shall be remanded to the trial court. The
25trial court shall hold a hearing under Section 5-4-1 of the
26Unified Code of Corrections which may include evidence of the

 

 

HB4336- 156 -LRB098 16126 NHT 51183 b

1defendant's life, moral character and occupation during the
2time since the original sentence was passed. The trial court
3shall then impose sentence upon the defendant. The trial court
4may impose any sentence which could have been imposed at the
5original trial subject to Section 5-5-4 of the Unified Code of
6Corrections. If a sentence is vacated on appeal or on
7collateral attack due to the failure of the trier of fact at
8trial to determine beyond a reasonable doubt the existence of a
9fact (other than a prior conviction) necessary to increase the
10punishment for the offense beyond the statutory maximum
11otherwise applicable, either the defendant may be re-sentenced
12to a term within the range otherwise provided or, if the State
13files notice of its intention to again seek the extended
14sentence, the defendant shall be afforded a new trial.
15    (e) In cases where prosecution for aggravated criminal
16sexual abuse under Section 11-1.60 or 12-16 of the Criminal
17Code of 1961 or the Criminal Code of 2012 results in conviction
18of a defendant who was a family member of the victim at the
19time of the commission of the offense, the court shall consider
20the safety and welfare of the victim and may impose a sentence
21of probation only where:
22        (1) the court finds (A) or (B) or both are appropriate:
23            (A) the defendant is willing to undergo a court
24        approved counseling program for a minimum duration of 2
25        years; or
26            (B) the defendant is willing to participate in a

 

 

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1        court approved plan including but not limited to the
2        defendant's:
3                (i) removal from the household;
4                (ii) restricted contact with the victim;
5                (iii) continued financial support of the
6            family;
7                (iv) restitution for harm done to the victim;
8            and
9                (v) compliance with any other measures that
10            the court may deem appropriate; and
11        (2) the court orders the defendant to pay for the
12    victim's counseling services, to the extent that the court
13    finds, after considering the defendant's income and
14    assets, that the defendant is financially capable of paying
15    for such services, if the victim was under 18 years of age
16    at the time the offense was committed and requires
17    counseling as a result of the offense.
18    Probation may be revoked or modified pursuant to Section
195-6-4; except where the court determines at the hearing that
20the defendant violated a condition of his or her probation
21restricting contact with the victim or other family members or
22commits another offense with the victim or other family
23members, the court shall revoke the defendant's probation and
24impose a term of imprisonment.
25    For the purposes of this Section, "family member" and
26"victim" shall have the meanings ascribed to them in Section

 

 

HB4336- 158 -LRB098 16126 NHT 51183 b

111-0.1 of the Criminal Code of 2012.
2    (f) (Blank).
3    (g) Whenever a defendant is convicted of an offense under
4Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
511-14.3, 11-14.4 except for an offense that involves keeping a
6place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
711-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
812-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
9Criminal Code of 2012, the defendant shall undergo medical
10testing to determine whether the defendant has any sexually
11transmissible disease, including a test for infection with
12human immunodeficiency virus (HIV) or any other identified
13causative agent of acquired immunodeficiency syndrome (AIDS).
14Any such medical test shall be performed only by appropriately
15licensed medical practitioners and may include an analysis of
16any bodily fluids as well as an examination of the defendant's
17person. Except as otherwise provided by law, the results of
18such test shall be kept strictly confidential by all medical
19personnel involved in the testing and must be personally
20delivered in a sealed envelope to the judge of the court in
21which the conviction was entered for the judge's inspection in
22camera. Acting in accordance with the best interests of the
23victim and the public, the judge shall have the discretion to
24determine to whom, if anyone, the results of the testing may be
25revealed. The court shall notify the defendant of the test
26results. The court shall also notify the victim if requested by

 

 

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1the victim, and if the victim is under the age of 15 and if
2requested by the victim's parents or legal guardian, the court
3shall notify the victim's parents or legal guardian of the test
4results. The court shall provide information on the
5availability of HIV testing and counseling at Department of
6Public Health facilities to all parties to whom the results of
7the testing are revealed and shall direct the State's Attorney
8to provide the information to the victim when possible. A
9State's Attorney may petition the court to obtain the results
10of any HIV test administered under this Section, and the court
11shall grant the disclosure if the State's Attorney shows it is
12relevant in order to prosecute a charge of criminal
13transmission of HIV under Section 12-5.01 or 12-16.2 of the
14Criminal Code of 1961 or the Criminal Code of 2012 against the
15defendant. The court shall order that the cost of any such test
16shall be paid by the county and may be taxed as costs against
17the convicted defendant.
18    (g-5) When an inmate is tested for an airborne communicable
19disease, as determined by the Illinois Department of Public
20Health including but not limited to tuberculosis, the results
21of the test shall be personally delivered by the warden or his
22or her designee in a sealed envelope to the judge of the court
23in which the inmate must appear for the judge's inspection in
24camera if requested by the judge. Acting in accordance with the
25best interests of those in the courtroom, the judge shall have
26the discretion to determine what if any precautions need to be

 

 

HB4336- 160 -LRB098 16126 NHT 51183 b

1taken to prevent transmission of the disease in the courtroom.
2    (h) Whenever a defendant is convicted of an offense under
3Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
4defendant shall undergo medical testing to determine whether
5the defendant has been exposed to human immunodeficiency virus
6(HIV) or any other identified causative agent of acquired
7immunodeficiency syndrome (AIDS). Except as otherwise provided
8by law, the results of such test shall be kept strictly
9confidential by all medical personnel involved in the testing
10and must be personally delivered in a sealed envelope to the
11judge of the court in which the conviction was entered for the
12judge's inspection in camera. Acting in accordance with the
13best interests of the public, the judge shall have the
14discretion to determine to whom, if anyone, the results of the
15testing may be revealed. The court shall notify the defendant
16of a positive test showing an infection with the human
17immunodeficiency virus (HIV). The court shall provide
18information on the availability of HIV testing and counseling
19at Department of Public Health facilities to all parties to
20whom the results of the testing are revealed and shall direct
21the State's Attorney to provide the information to the victim
22when possible. A State's Attorney may petition the court to
23obtain the results of any HIV test administered under this
24Section, and the court shall grant the disclosure if the
25State's Attorney shows it is relevant in order to prosecute a
26charge of criminal transmission of HIV under Section 12-5.01 or

 

 

HB4336- 161 -LRB098 16126 NHT 51183 b

112-16.2 of the Criminal Code of 1961 or the Criminal Code of
22012 against the defendant. The court shall order that the cost
3of any such test shall be paid by the county and may be taxed as
4costs against the convicted defendant.
5    (i) All fines and penalties imposed under this Section for
6any violation of Chapters 3, 4, 6, and 11 of the Illinois
7Vehicle Code, or a similar provision of a local ordinance, and
8any violation of the Child Passenger Protection Act, or a
9similar provision of a local ordinance, shall be collected and
10disbursed by the circuit clerk as provided under Section 27.5
11of the Clerks of Courts Act.
12    (j) In cases when prosecution for any violation of Section
1311-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1411-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1511-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1611-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1712-15, or 12-16 of the Criminal Code of 1961 or the Criminal
18Code of 2012, any violation of the Illinois Controlled
19Substances Act, any violation of the Cannabis Control Act, or
20any violation of the Methamphetamine Control and Community
21Protection Act results in conviction, a disposition of court
22supervision, or an order of probation granted under Section 10
23of the Cannabis Control Act, Section 410 of the Illinois
24Controlled Substances Substance Act, or Section 70 of the
25Methamphetamine Control and Community Protection Act of a
26defendant, the court shall determine whether the defendant is

 

 

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1employed by a facility or center as defined under the Child
2Care Act of 1969, a public or private elementary or secondary
3school, or otherwise works with children under 18 years of age
4on a daily basis. When a defendant is so employed, the court
5shall order the Clerk of the Court to send a copy of the
6judgment of conviction or order of supervision or probation to
7the defendant's employer by certified mail. If the employer of
8the defendant is a school, the Clerk of the Court shall direct
9the mailing of a copy of the judgment of conviction or order of
10supervision or probation to the appropriate regional
11superintendent of schools. The regional superintendent of
12schools shall notify the State Board of Education of any
13notification under this subsection.
14    (j-5) A defendant at least 17 years of age who is convicted
15of a felony and who has not been previously convicted of a
16misdemeanor or felony and who is sentenced to a term of
17imprisonment in the Illinois Department of Corrections shall as
18a condition of his or her sentence be required by the court to
19attend educational courses designed to prepare the defendant
20for a high school diploma and to work toward a high school
21diploma or to work toward passing high school equivalency
22testing the high school level Test of General Educational
23Development (GED) or to work toward completing a vocational
24training program offered by the Department of Corrections. If a
25defendant fails to complete the educational training required
26by his or her sentence during the term of incarceration, the

 

 

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1Prisoner Review Board shall, as a condition of mandatory
2supervised release, require the defendant, at his or her own
3expense, to pursue a course of study toward a high school
4diploma or passage of high school equivalency testing the GED
5test. The Prisoner Review Board shall revoke the mandatory
6supervised release of a defendant who wilfully fails to comply
7with this subsection (j-5) upon his or her release from
8confinement in a penal institution while serving a mandatory
9supervised release term; however, the inability of the
10defendant after making a good faith effort to obtain financial
11aid or pay for the educational training shall not be deemed a
12wilful failure to comply. The Prisoner Review Board shall
13recommit the defendant whose mandatory supervised release term
14has been revoked under this subsection (j-5) as provided in
15Section 3-3-9. This subsection (j-5) does not apply to a
16defendant who has a high school diploma or has successfully
17passed high school equivalency testing the GED test. This
18subsection (j-5) does not apply to a defendant who is
19determined by the court to be developmentally disabled or
20otherwise mentally incapable of completing the educational or
21vocational program.
22    (k) (Blank).
23    (l) (A) Except as provided in paragraph (C) of subsection
24    (l), whenever a defendant, who is an alien as defined by
25    the Immigration and Nationality Act, is convicted of any
26    felony or misdemeanor offense, the court after sentencing

 

 

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1    the defendant may, upon motion of the State's Attorney,
2    hold sentence in abeyance and remand the defendant to the
3    custody of the Attorney General of the United States or his
4    or her designated agent to be deported when:
5            (1) a final order of deportation has been issued
6        against the defendant pursuant to proceedings under
7        the Immigration and Nationality Act, and
8            (2) the deportation of the defendant would not
9        deprecate the seriousness of the defendant's conduct
10        and would not be inconsistent with the ends of justice.
11        Otherwise, the defendant shall be sentenced as
12    provided in this Chapter V.
13        (B) If the defendant has already been sentenced for a
14    felony or misdemeanor offense, or has been placed on
15    probation under Section 10 of the Cannabis Control Act,
16    Section 410 of the Illinois Controlled Substances Act, or
17    Section 70 of the Methamphetamine Control and Community
18    Protection Act, the court may, upon motion of the State's
19    Attorney to suspend the sentence imposed, commit the
20    defendant to the custody of the Attorney General of the
21    United States or his or her designated agent when:
22            (1) a final order of deportation has been issued
23        against the defendant pursuant to proceedings under
24        the Immigration and Nationality Act, and
25            (2) the deportation of the defendant would not
26        deprecate the seriousness of the defendant's conduct

 

 

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1        and would not be inconsistent with the ends of justice.
2        (C) This subsection (l) does not apply to offenders who
3    are subject to the provisions of paragraph (2) of
4    subsection (a) of Section 3-6-3.
5        (D) Upon motion of the State's Attorney, if a defendant
6    sentenced under this Section returns to the jurisdiction of
7    the United States, the defendant shall be recommitted to
8    the custody of the county from which he or she was
9    sentenced. Thereafter, the defendant shall be brought
10    before the sentencing court, which may impose any sentence
11    that was available under Section 5-5-3 at the time of
12    initial sentencing. In addition, the defendant shall not be
13    eligible for additional sentence credit for good conduct as
14    provided under Section 3-6-3.
15    (m) A person convicted of criminal defacement of property
16under Section 21-1.3 of the Criminal Code of 1961 or the
17Criminal Code of 2012, in which the property damage exceeds
18$300 and the property damaged is a school building, shall be
19ordered to perform community service that may include cleanup,
20removal, or painting over the defacement.
21    (n) The court may sentence a person convicted of a
22violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
23subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
24of 1961 or the Criminal Code of 2012 (i) to an impact
25incarceration program if the person is otherwise eligible for
26that program under Section 5-8-1.1, (ii) to community service,

 

 

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1or (iii) if the person is an addict or alcoholic, as defined in
2the Alcoholism and Other Drug Abuse and Dependency Act, to a
3substance or alcohol abuse program licensed under that Act.
4    (o) Whenever a person is convicted of a sex offense as
5defined in Section 2 of the Sex Offender Registration Act, the
6defendant's driver's license or permit shall be subject to
7renewal on an annual basis in accordance with the provisions of
8license renewal established by the Secretary of State.
9(Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09;
1096-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article
111, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065,
12eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11;
1397-159, eff. 7-21-11; 97-697, eff. 6-22-12; 97-917, eff.
148-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,
15eff. 1-25-13; revised 11-12-13.)
 
16    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
17    Sec. 5-6-3. Conditions of Probation and of Conditional
18Discharge.
19    (a) The conditions of probation and of conditional
20discharge shall be that the person:
21        (1) not violate any criminal statute of any
22    jurisdiction;
23        (2) report to or appear in person before such person or
24    agency as directed by the court;
25        (3) refrain from possessing a firearm or other

 

 

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1    dangerous weapon where the offense is a felony or, if a
2    misdemeanor, the offense involved the intentional or
3    knowing infliction of bodily harm or threat of bodily harm;
4        (4) not leave the State without the consent of the
5    court or, in circumstances in which the reason for the
6    absence is of such an emergency nature that prior consent
7    by the court is not possible, without the prior
8    notification and approval of the person's probation
9    officer. Transfer of a person's probation or conditional
10    discharge supervision to another state is subject to
11    acceptance by the other state pursuant to the Interstate
12    Compact for Adult Offender Supervision;
13        (5) permit the probation officer to visit him at his
14    home or elsewhere to the extent necessary to discharge his
15    duties;
16        (6) perform no less than 30 hours of community service
17    and not more than 120 hours of community service, if
18    community service is available in the jurisdiction and is
19    funded and approved by the county board where the offense
20    was committed, where the offense was related to or in
21    furtherance of the criminal activities of an organized gang
22    and was motivated by the offender's membership in or
23    allegiance to an organized gang. The community service
24    shall include, but not be limited to, the cleanup and
25    repair of any damage caused by a violation of Section
26    21-1.3 of the Criminal Code of 1961 or the Criminal Code of

 

 

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1    2012 and similar damage to property located within the
2    municipality or county in which the violation occurred.
3    When possible and reasonable, the community service should
4    be performed in the offender's neighborhood. For purposes
5    of this Section, "organized gang" has the meaning ascribed
6    to it in Section 10 of the Illinois Streetgang Terrorism
7    Omnibus Prevention Act;
8        (7) if he or she is at least 17 years of age and has
9    been sentenced to probation or conditional discharge for a
10    misdemeanor or felony in a county of 3,000,000 or more
11    inhabitants and has not been previously convicted of a
12    misdemeanor or felony, may be required by the sentencing
13    court to attend educational courses designed to prepare the
14    defendant for a high school diploma and to work toward a
15    high school diploma or to work toward passing high school
16    equivalency testing the high school level Test of General
17    Educational Development (GED) or to work toward completing
18    a vocational training program approved by the court. The
19    person on probation or conditional discharge must attend a
20    public institution of education to obtain the educational
21    or vocational training required by this clause (7). The
22    court shall revoke the probation or conditional discharge
23    of a person who wilfully fails to comply with this clause
24    (7). The person on probation or conditional discharge shall
25    be required to pay for the cost of the educational courses
26    or high school equivalency testing GED test, if a fee is

 

 

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1    charged for those courses or testing test. The court shall
2    resentence the offender whose probation or conditional
3    discharge has been revoked as provided in Section 5-6-4.
4    This clause (7) does not apply to a person who has a high
5    school diploma or has successfully passed high school
6    equivalency testing the GED test. This clause (7) does not
7    apply to a person who is determined by the court to be
8    developmentally disabled or otherwise mentally incapable
9    of completing the educational or vocational program;
10        (8) if convicted of possession of a substance
11    prohibited by the Cannabis Control Act, the Illinois
12    Controlled Substances Act, or the Methamphetamine Control
13    and Community Protection Act after a previous conviction or
14    disposition of supervision for possession of a substance
15    prohibited by the Cannabis Control Act or Illinois
16    Controlled Substances Act or after a sentence of probation
17    under Section 10 of the Cannabis Control Act, Section 410
18    of the Illinois Controlled Substances Act, or Section 70 of
19    the Methamphetamine Control and Community Protection Act
20    and upon a finding by the court that the person is
21    addicted, undergo treatment at a substance abuse program
22    approved by the court;
23        (8.5) if convicted of a felony sex offense as defined
24    in the Sex Offender Management Board Act, the person shall
25    undergo and successfully complete sex offender treatment
26    by a treatment provider approved by the Board and conducted

 

 

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1    in conformance with the standards developed under the Sex
2    Offender Management Board Act;
3        (8.6) if convicted of a sex offense as defined in the
4    Sex Offender Management Board Act, refrain from residing at
5    the same address or in the same condominium unit or
6    apartment unit or in the same condominium complex or
7    apartment complex with another person he or she knows or
8    reasonably should know is a convicted sex offender or has
9    been placed on supervision for a sex offense; the
10    provisions of this paragraph do not apply to a person
11    convicted of a sex offense who is placed in a Department of
12    Corrections licensed transitional housing facility for sex
13    offenders;
14        (8.7) if convicted for an offense committed on or after
15    June 1, 2008 (the effective date of Public Act 95-464) that
16    would qualify the accused as a child sex offender as
17    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
18    1961 or the Criminal Code of 2012, refrain from
19    communicating with or contacting, by means of the Internet,
20    a person who is not related to the accused and whom the
21    accused reasonably believes to be under 18 years of age;
22    for purposes of this paragraph (8.7), "Internet" has the
23    meaning ascribed to it in Section 16-0.1 of the Criminal
24    Code of 2012; and a person is not related to the accused if
25    the person is not: (i) the spouse, brother, or sister of
26    the accused; (ii) a descendant of the accused; (iii) a

 

 

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1    first or second cousin of the accused; or (iv) a step-child
2    or adopted child of the accused;
3        (8.8) if convicted for an offense under Section 11-6,
4    11-9.1, 11-14.4 that involves soliciting for a juvenile
5    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
6    of the Criminal Code of 1961 or the Criminal Code of 2012,
7    or any attempt to commit any of these offenses, committed
8    on or after June 1, 2009 (the effective date of Public Act
9    95-983):
10            (i) not access or use a computer or any other
11        device with Internet capability without the prior
12        written approval of the offender's probation officer,
13        except in connection with the offender's employment or
14        search for employment with the prior approval of the
15        offender's probation officer;
16            (ii) submit to periodic unannounced examinations
17        of the offender's computer or any other device with
18        Internet capability by the offender's probation
19        officer, a law enforcement officer, or assigned
20        computer or information technology specialist,
21        including the retrieval and copying of all data from
22        the computer or device and any internal or external
23        peripherals and removal of such information,
24        equipment, or device to conduct a more thorough
25        inspection;
26            (iii) submit to the installation on the offender's

 

 

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1        computer or device with Internet capability, at the
2        offender's expense, of one or more hardware or software
3        systems to monitor the Internet use; and
4            (iv) submit to any other appropriate restrictions
5        concerning the offender's use of or access to a
6        computer or any other device with Internet capability
7        imposed by the offender's probation officer;
8        (8.9) if convicted of a sex offense as defined in the
9    Sex Offender Registration Act committed on or after January
10    1, 2010 (the effective date of Public Act 96-262), refrain
11    from accessing or using a social networking website as
12    defined in Section 17-0.5 of the Criminal Code of 2012;
13        (9) if convicted of a felony or of any misdemeanor
14    violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
15    12-3.5 of the Criminal Code of 1961 or the Criminal Code of
16    2012 that was determined, pursuant to Section 112A-11.1 of
17    the Code of Criminal Procedure of 1963, to trigger the
18    prohibitions of 18 U.S.C. 922(g)(9), physically surrender
19    at a time and place designated by the court, his or her
20    Firearm Owner's Identification Card and any and all
21    firearms in his or her possession. The Court shall return
22    to the Department of State Police Firearm Owner's
23    Identification Card Office the person's Firearm Owner's
24    Identification Card;
25        (10) if convicted of a sex offense as defined in
26    subsection (a-5) of Section 3-1-2 of this Code, unless the

 

 

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1    offender is a parent or guardian of the person under 18
2    years of age present in the home and no non-familial minors
3    are present, not participate in a holiday event involving
4    children under 18 years of age, such as distributing candy
5    or other items to children on Halloween, wearing a Santa
6    Claus costume on or preceding Christmas, being employed as
7    a department store Santa Claus, or wearing an Easter Bunny
8    costume on or preceding Easter;
9        (11) if convicted of a sex offense as defined in
10    Section 2 of the Sex Offender Registration Act committed on
11    or after January 1, 2010 (the effective date of Public Act
12    96-362) that requires the person to register as a sex
13    offender under that Act, may not knowingly use any computer
14    scrub software on any computer that the sex offender uses;
15    and
16        (12) if convicted of a violation of the Methamphetamine
17    Control and Community Protection Act, the Methamphetamine
18    Precursor Control Act, or a methamphetamine related
19    offense:
20            (A) prohibited from purchasing, possessing, or
21        having under his or her control any product containing
22        pseudoephedrine unless prescribed by a physician; and
23            (B) prohibited from purchasing, possessing, or
24        having under his or her control any product containing
25        ammonium nitrate.
26    (b) The Court may in addition to other reasonable

 

 

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1conditions relating to the nature of the offense or the
2rehabilitation of the defendant as determined for each
3defendant in the proper discretion of the Court require that
4the person:
5        (1) serve a term of periodic imprisonment under Article
6    7 for a period not to exceed that specified in paragraph
7    (d) of Section 5-7-1;
8        (2) pay a fine and costs;
9        (3) work or pursue a course of study or vocational
10    training;
11        (4) undergo medical, psychological or psychiatric
12    treatment; or treatment for drug addiction or alcoholism;
13        (5) attend or reside in a facility established for the
14    instruction or residence of defendants on probation;
15        (6) support his dependents;
16        (7) and in addition, if a minor:
17            (i) reside with his parents or in a foster home;
18            (ii) attend school;
19            (iii) attend a non-residential program for youth;
20            (iv) contribute to his own support at home or in a
21        foster home;
22            (v) with the consent of the superintendent of the
23        facility, attend an educational program at a facility
24        other than the school in which the offense was
25        committed if he or she is convicted of a crime of
26        violence as defined in Section 2 of the Crime Victims

 

 

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1        Compensation Act committed in a school, on the real
2        property comprising a school, or within 1,000 feet of
3        the real property comprising a school;
4        (8) make restitution as provided in Section 5-5-6 of
5    this Code;
6        (9) perform some reasonable public or community
7    service;
8        (10) serve a term of home confinement. In addition to
9    any other applicable condition of probation or conditional
10    discharge, the conditions of home confinement shall be that
11    the offender:
12            (i) remain within the interior premises of the
13        place designated for his confinement during the hours
14        designated by the court;
15            (ii) admit any person or agent designated by the
16        court into the offender's place of confinement at any
17        time for purposes of verifying the offender's
18        compliance with the conditions of his confinement; and
19            (iii) if further deemed necessary by the court or
20        the Probation or Court Services Department, be placed
21        on an approved electronic monitoring device, subject
22        to Article 8A of Chapter V;
23            (iv) for persons convicted of any alcohol,
24        cannabis or controlled substance violation who are
25        placed on an approved monitoring device as a condition
26        of probation or conditional discharge, the court shall

 

 

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1        impose a reasonable fee for each day of the use of the
2        device, as established by the county board in
3        subsection (g) of this Section, unless after
4        determining the inability of the offender to pay the
5        fee, the court assesses a lesser fee or no fee as the
6        case may be. This fee shall be imposed in addition to
7        the fees imposed under subsections (g) and (i) of this
8        Section. The fee shall be collected by the clerk of the
9        circuit court. The clerk of the circuit court shall pay
10        all monies collected from this fee to the county
11        treasurer for deposit in the substance abuse services
12        fund under Section 5-1086.1 of the Counties Code; and
13            (v) for persons convicted of offenses other than
14        those referenced in clause (iv) above and who are
15        placed on an approved monitoring device as a condition
16        of probation or conditional discharge, the court shall
17        impose a reasonable fee for each day of the use of the
18        device, as established by the county board in
19        subsection (g) of this Section, unless after
20        determining the inability of the defendant to pay the
21        fee, the court assesses a lesser fee or no fee as the
22        case may be. This fee shall be imposed in addition to
23        the fees imposed under subsections (g) and (i) of this
24        Section. The fee shall be collected by the clerk of the
25        circuit court. The clerk of the circuit court shall pay
26        all monies collected from this fee to the county

 

 

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1        treasurer who shall use the monies collected to defray
2        the costs of corrections. The county treasurer shall
3        deposit the fee collected in the probation and court
4        services fund.
5        (11) comply with the terms and conditions of an order
6    of protection issued by the court pursuant to the Illinois
7    Domestic Violence Act of 1986, as now or hereafter amended,
8    or an order of protection issued by the court of another
9    state, tribe, or United States territory. A copy of the
10    order of protection shall be transmitted to the probation
11    officer or agency having responsibility for the case;
12        (12) reimburse any "local anti-crime program" as
13    defined in Section 7 of the Anti-Crime Advisory Council Act
14    for any reasonable expenses incurred by the program on the
15    offender's case, not to exceed the maximum amount of the
16    fine authorized for the offense for which the defendant was
17    sentenced;
18        (13) contribute a reasonable sum of money, not to
19    exceed the maximum amount of the fine authorized for the
20    offense for which the defendant was sentenced, (i) to a
21    "local anti-crime program", as defined in Section 7 of the
22    Anti-Crime Advisory Council Act, or (ii) for offenses under
23    the jurisdiction of the Department of Natural Resources, to
24    the fund established by the Department of Natural Resources
25    for the purchase of evidence for investigation purposes and
26    to conduct investigations as outlined in Section 805-105 of

 

 

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1    the Department of Natural Resources (Conservation) Law;
2        (14) refrain from entering into a designated
3    geographic area except upon such terms as the court finds
4    appropriate. Such terms may include consideration of the
5    purpose of the entry, the time of day, other persons
6    accompanying the defendant, and advance approval by a
7    probation officer, if the defendant has been placed on
8    probation or advance approval by the court, if the
9    defendant was placed on conditional discharge;
10        (15) refrain from having any contact, directly or
11    indirectly, with certain specified persons or particular
12    types of persons, including but not limited to members of
13    street gangs and drug users or dealers;
14        (16) refrain from having in his or her body the
15    presence of any illicit drug prohibited by the Cannabis
16    Control Act, the Illinois Controlled Substances Act, or the
17    Methamphetamine Control and Community Protection Act,
18    unless prescribed by a physician, and submit samples of his
19    or her blood or urine or both for tests to determine the
20    presence of any illicit drug;
21        (17) if convicted for an offense committed on or after
22    June 1, 2008 (the effective date of Public Act 95-464) that
23    would qualify the accused as a child sex offender as
24    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
25    1961 or the Criminal Code of 2012, refrain from
26    communicating with or contacting, by means of the Internet,

 

 

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1    a person who is related to the accused and whom the accused
2    reasonably believes to be under 18 years of age; for
3    purposes of this paragraph (17), "Internet" has the meaning
4    ascribed to it in Section 16-0.1 of the Criminal Code of
5    2012; and a person is related to the accused if the person
6    is: (i) the spouse, brother, or sister of the accused; (ii)
7    a descendant of the accused; (iii) a first or second cousin
8    of the accused; or (iv) a step-child or adopted child of
9    the accused;
10        (18) if convicted for an offense committed on or after
11    June 1, 2009 (the effective date of Public Act 95-983) that
12    would qualify as a sex offense as defined in the Sex
13    Offender Registration Act:
14            (i) not access or use a computer or any other
15        device with Internet capability without the prior
16        written approval of the offender's probation officer,
17        except in connection with the offender's employment or
18        search for employment with the prior approval of the
19        offender's probation officer;
20            (ii) submit to periodic unannounced examinations
21        of the offender's computer or any other device with
22        Internet capability by the offender's probation
23        officer, a law enforcement officer, or assigned
24        computer or information technology specialist,
25        including the retrieval and copying of all data from
26        the computer or device and any internal or external

 

 

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1        peripherals and removal of such information,
2        equipment, or device to conduct a more thorough
3        inspection;
4            (iii) submit to the installation on the offender's
5        computer or device with Internet capability, at the
6        subject's expense, of one or more hardware or software
7        systems to monitor the Internet use; and
8            (iv) submit to any other appropriate restrictions
9        concerning the offender's use of or access to a
10        computer or any other device with Internet capability
11        imposed by the offender's probation officer; and
12        (19) refrain from possessing a firearm or other
13    dangerous weapon where the offense is a misdemeanor that
14    did not involve the intentional or knowing infliction of
15    bodily harm or threat of bodily harm.
16    (c) The court may as a condition of probation or of
17conditional discharge require that a person under 18 years of
18age found guilty of any alcohol, cannabis or controlled
19substance violation, refrain from acquiring a driver's license
20during the period of probation or conditional discharge. If
21such person is in possession of a permit or license, the court
22may require that the minor refrain from driving or operating
23any motor vehicle during the period of probation or conditional
24discharge, except as may be necessary in the course of the
25minor's lawful employment.
26    (d) An offender sentenced to probation or to conditional

 

 

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1discharge shall be given a certificate setting forth the
2conditions thereof.
3    (e) Except where the offender has committed a fourth or
4subsequent violation of subsection (c) of Section 6-303 of the
5Illinois Vehicle Code, the court shall not require as a
6condition of the sentence of probation or conditional discharge
7that the offender be committed to a period of imprisonment in
8excess of 6 months. This 6 month limit shall not include
9periods of confinement given pursuant to a sentence of county
10impact incarceration under Section 5-8-1.2.
11    Persons committed to imprisonment as a condition of
12probation or conditional discharge shall not be committed to
13the Department of Corrections.
14    (f) The court may combine a sentence of periodic
15imprisonment under Article 7 or a sentence to a county impact
16incarceration program under Article 8 with a sentence of
17probation or conditional discharge.
18    (g) An offender sentenced to probation or to conditional
19discharge and who during the term of either undergoes mandatory
20drug or alcohol testing, or both, or is assigned to be placed
21on an approved electronic monitoring device, shall be ordered
22to pay all costs incidental to such mandatory drug or alcohol
23testing, or both, and all costs incidental to such approved
24electronic monitoring in accordance with the defendant's
25ability to pay those costs. The county board with the
26concurrence of the Chief Judge of the judicial circuit in which

 

 

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1the county is located shall establish reasonable fees for the
2cost of maintenance, testing, and incidental expenses related
3to the mandatory drug or alcohol testing, or both, and all
4costs incidental to approved electronic monitoring, involved
5in a successful probation program for the county. The
6concurrence of the Chief Judge shall be in the form of an
7administrative order. The fees shall be collected by the clerk
8of the circuit court. The clerk of the circuit court shall pay
9all moneys collected from these fees to the county treasurer
10who shall use the moneys collected to defray the costs of drug
11testing, alcohol testing, and electronic monitoring. The
12county treasurer shall deposit the fees collected in the county
13working cash fund under Section 6-27001 or Section 6-29002 of
14the Counties Code, as the case may be.
15    (h) Jurisdiction over an offender may be transferred from
16the sentencing court to the court of another circuit with the
17concurrence of both courts. Further transfers or retransfers of
18jurisdiction are also authorized in the same manner. The court
19to which jurisdiction has been transferred shall have the same
20powers as the sentencing court. The probation department within
21the circuit to which jurisdiction has been transferred, or
22which has agreed to provide supervision, may impose probation
23fees upon receiving the transferred offender, as provided in
24subsection (i). For all transfer cases, as defined in Section
259b of the Probation and Probation Officers Act, the probation
26department from the original sentencing court shall retain all

 

 

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1probation fees collected prior to the transfer. After the
2transfer all probation fees shall be paid to the probation
3department within the circuit to which jurisdiction has been
4transferred.
5    (i) The court shall impose upon an offender sentenced to
6probation after January 1, 1989 or to conditional discharge
7after January 1, 1992 or to community service under the
8supervision of a probation or court services department after
9January 1, 2004, as a condition of such probation or
10conditional discharge or supervised community service, a fee of
11$50 for each month of probation or conditional discharge
12supervision or supervised community service ordered by the
13court, unless after determining the inability of the person
14sentenced to probation or conditional discharge or supervised
15community service to pay the fee, the court assesses a lesser
16fee. The court may not impose the fee on a minor who is made a
17ward of the State under the Juvenile Court Act of 1987 while
18the minor is in placement. The fee shall be imposed only upon
19an offender who is actively supervised by the probation and
20court services department. The fee shall be collected by the
21clerk of the circuit court. The clerk of the circuit court
22shall pay all monies collected from this fee to the county
23treasurer for deposit in the probation and court services fund
24under Section 15.1 of the Probation and Probation Officers Act.
25    A circuit court may not impose a probation fee under this
26subsection (i) in excess of $25 per month unless the circuit

 

 

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1court has adopted, by administrative order issued by the chief
2judge, a standard probation fee guide determining an offender's
3ability to pay Of the amount collected as a probation fee, up
4to $5 of that fee collected per month may be used to provide
5services to crime victims and their families.
6    The Court may only waive probation fees based on an
7offender's ability to pay. The probation department may
8re-evaluate an offender's ability to pay every 6 months, and,
9with the approval of the Director of Court Services or the
10Chief Probation Officer, adjust the monthly fee amount. An
11offender may elect to pay probation fees due in a lump sum. Any
12offender that has been assigned to the supervision of a
13probation department, or has been transferred either under
14subsection (h) of this Section or under any interstate compact,
15shall be required to pay probation fees to the department
16supervising the offender, based on the offender's ability to
17pay.
18    This amendatory Act of the 93rd General Assembly deletes
19the $10 increase in the fee under this subsection that was
20imposed by Public Act 93-616. This deletion is intended to
21control over any other Act of the 93rd General Assembly that
22retains or incorporates that fee increase.
23    (i-5) In addition to the fees imposed under subsection (i)
24of this Section, in the case of an offender convicted of a
25felony sex offense (as defined in the Sex Offender Management
26Board Act) or an offense that the court or probation department

 

 

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1has determined to be sexually motivated (as defined in the Sex
2Offender Management Board Act), the court or the probation
3department shall assess additional fees to pay for all costs of
4treatment, assessment, evaluation for risk and treatment, and
5monitoring the offender, based on that offender's ability to
6pay those costs either as they occur or under a payment plan.
7    (j) All fines and costs imposed under this Section for any
8violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
9Code, or a similar provision of a local ordinance, and any
10violation of the Child Passenger Protection Act, or a similar
11provision of a local ordinance, shall be collected and
12disbursed by the circuit clerk as provided under Section 27.5
13of the Clerks of Courts Act.
14    (k) Any offender who is sentenced to probation or
15conditional discharge for a felony sex offense as defined in
16the Sex Offender Management Board Act or any offense that the
17court or probation department has determined to be sexually
18motivated as defined in the Sex Offender Management Board Act
19shall be required to refrain from any contact, directly or
20indirectly, with any persons specified by the court and shall
21be available for all evaluations and treatment programs
22required by the court or the probation department.
23    (l) The court may order an offender who is sentenced to
24probation or conditional discharge for a violation of an order
25of protection be placed under electronic surveillance as
26provided in Section 5-8A-7 of this Code.

 

 

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1(Source: P.A. 97-454, eff. 1-1-12; 97-560, eff. 1-1-12; 97-597,
2eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1131, eff. 1-1-13;
397-1150, eff. 1-25-13; 98-575, eff. 1-1-14.)
 
4    (730 ILCS 5/5-6-3.1)  (from Ch. 38, par. 1005-6-3.1)
5    Sec. 5-6-3.1. Incidents and Conditions of Supervision.
6    (a) When a defendant is placed on supervision, the court
7shall enter an order for supervision specifying the period of
8such supervision, and shall defer further proceedings in the
9case until the conclusion of the period.
10    (b) The period of supervision shall be reasonable under all
11of the circumstances of the case, but may not be longer than 2
12years, unless the defendant has failed to pay the assessment
13required by Section 10.3 of the Cannabis Control Act, Section
14411.2 of the Illinois Controlled Substances Act, or Section 80
15of the Methamphetamine Control and Community Protection Act, in
16which case the court may extend supervision beyond 2 years.
17Additionally, the court shall order the defendant to perform no
18less than 30 hours of community service and not more than 120
19hours of community service, if community service is available
20in the jurisdiction and is funded and approved by the county
21board where the offense was committed, when the offense (1) was
22related to or in furtherance of the criminal activities of an
23organized gang or was motivated by the defendant's membership
24in or allegiance to an organized gang; or (2) is a violation of
25any Section of Article 24 of the Criminal Code of 1961 or the

 

 

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1Criminal Code of 2012 where a disposition of supervision is not
2prohibited by Section 5-6-1 of this Code. The community service
3shall include, but not be limited to, the cleanup and repair of
4any damage caused by violation of Section 21-1.3 of the
5Criminal Code of 1961 or the Criminal Code of 2012 and similar
6damages to property located within the municipality or county
7in which the violation occurred. Where possible and reasonable,
8the community service should be performed in the offender's
9neighborhood.
10    For the purposes of this Section, "organized gang" has the
11meaning ascribed to it in Section 10 of the Illinois Streetgang
12Terrorism Omnibus Prevention Act.
13    (c) The court may in addition to other reasonable
14conditions relating to the nature of the offense or the
15rehabilitation of the defendant as determined for each
16defendant in the proper discretion of the court require that
17the person:
18        (1) make a report to and appear in person before or
19    participate with the court or such courts, person, or
20    social service agency as directed by the court in the order
21    of supervision;
22        (2) pay a fine and costs;
23        (3) work or pursue a course of study or vocational
24    training;
25        (4) undergo medical, psychological or psychiatric
26    treatment; or treatment for drug addiction or alcoholism;

 

 

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1        (5) attend or reside in a facility established for the
2    instruction or residence of defendants on probation;
3        (6) support his dependents;
4        (7) refrain from possessing a firearm or other
5    dangerous weapon;
6        (8) and in addition, if a minor:
7            (i) reside with his parents or in a foster home;
8            (ii) attend school;
9            (iii) attend a non-residential program for youth;
10            (iv) contribute to his own support at home or in a
11        foster home; or
12            (v) with the consent of the superintendent of the
13        facility, attend an educational program at a facility
14        other than the school in which the offense was
15        committed if he or she is placed on supervision for a
16        crime of violence as defined in Section 2 of the Crime
17        Victims Compensation Act committed in a school, on the
18        real property comprising a school, or within 1,000 feet
19        of the real property comprising a school;
20        (9) make restitution or reparation in an amount not to
21    exceed actual loss or damage to property and pecuniary loss
22    or make restitution under Section 5-5-6 to a domestic
23    violence shelter. The court shall determine the amount and
24    conditions of payment;
25        (10) perform some reasonable public or community
26    service;

 

 

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1        (11) comply with the terms and conditions of an order
2    of protection issued by the court pursuant to the Illinois
3    Domestic Violence Act of 1986 or an order of protection
4    issued by the court of another state, tribe, or United
5    States territory. If the court has ordered the defendant to
6    make a report and appear in person under paragraph (1) of
7    this subsection, a copy of the order of protection shall be
8    transmitted to the person or agency so designated by the
9    court;
10        (12) reimburse any "local anti-crime program" as
11    defined in Section 7 of the Anti-Crime Advisory Council Act
12    for any reasonable expenses incurred by the program on the
13    offender's case, not to exceed the maximum amount of the
14    fine authorized for the offense for which the defendant was
15    sentenced;
16        (13) contribute a reasonable sum of money, not to
17    exceed the maximum amount of the fine authorized for the
18    offense for which the defendant was sentenced, (i) to a
19    "local anti-crime program", as defined in Section 7 of the
20    Anti-Crime Advisory Council Act, or (ii) for offenses under
21    the jurisdiction of the Department of Natural Resources, to
22    the fund established by the Department of Natural Resources
23    for the purchase of evidence for investigation purposes and
24    to conduct investigations as outlined in Section 805-105 of
25    the Department of Natural Resources (Conservation) Law;
26        (14) refrain from entering into a designated

 

 

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1    geographic area except upon such terms as the court finds
2    appropriate. Such terms may include consideration of the
3    purpose of the entry, the time of day, other persons
4    accompanying the defendant, and advance approval by a
5    probation officer;
6        (15) refrain from having any contact, directly or
7    indirectly, with certain specified persons or particular
8    types of person, including but not limited to members of
9    street gangs and drug users or dealers;
10        (16) refrain from having in his or her body the
11    presence of any illicit drug prohibited by the Cannabis
12    Control Act, the Illinois Controlled Substances Act, or the
13    Methamphetamine Control and Community Protection Act,
14    unless prescribed by a physician, and submit samples of his
15    or her blood or urine or both for tests to determine the
16    presence of any illicit drug;
17        (17) refrain from operating any motor vehicle not
18    equipped with an ignition interlock device as defined in
19    Section 1-129.1 of the Illinois Vehicle Code; under this
20    condition the court may allow a defendant who is not
21    self-employed to operate a vehicle owned by the defendant's
22    employer that is not equipped with an ignition interlock
23    device in the course and scope of the defendant's
24    employment; and
25        (18) if placed on supervision for a sex offense as
26    defined in subsection (a-5) of Section 3-1-2 of this Code,

 

 

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1    unless the offender is a parent or guardian of the person
2    under 18 years of age present in the home and no
3    non-familial minors are present, not participate in a
4    holiday event involving children under 18 years of age,
5    such as distributing candy or other items to children on
6    Halloween, wearing a Santa Claus costume on or preceding
7    Christmas, being employed as a department store Santa
8    Claus, or wearing an Easter Bunny costume on or preceding
9    Easter.
10    (d) The court shall defer entering any judgment on the
11charges until the conclusion of the supervision.
12    (e) At the conclusion of the period of supervision, if the
13court determines that the defendant has successfully complied
14with all of the conditions of supervision, the court shall
15discharge the defendant and enter a judgment dismissing the
16charges.
17    (f) Discharge and dismissal upon a successful conclusion of
18a disposition of supervision shall be deemed without
19adjudication of guilt and shall not be termed a conviction for
20purposes of disqualification or disabilities imposed by law
21upon conviction of a crime. Two years after the discharge and
22dismissal under this Section, unless the disposition of
23supervision was for a violation of Sections 3-707, 3-708,
243-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
25similar provision of a local ordinance, or for a violation of
26Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961

 

 

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1or the Criminal Code of 2012, in which case it shall be 5 years
2after discharge and dismissal, a person may have his record of
3arrest sealed or expunged as may be provided by law. However,
4any defendant placed on supervision before January 1, 1980, may
5move for sealing or expungement of his arrest record, as
6provided by law, at any time after discharge and dismissal
7under this Section. A person placed on supervision for a sexual
8offense committed against a minor as defined in clause
9(a)(1)(L) of Section 5.2 of the Criminal Identification Act or
10for a violation of Section 11-501 of the Illinois Vehicle Code
11or a similar provision of a local ordinance shall not have his
12or her record of arrest sealed or expunged.
13    (g) A defendant placed on supervision and who during the
14period of supervision undergoes mandatory drug or alcohol
15testing, or both, or is assigned to be placed on an approved
16electronic monitoring device, shall be ordered to pay the costs
17incidental to such mandatory drug or alcohol testing, or both,
18and costs incidental to such approved electronic monitoring in
19accordance with the defendant's ability to pay those costs. The
20county board with the concurrence of the Chief Judge of the
21judicial circuit in which the county is located shall establish
22reasonable fees for the cost of maintenance, testing, and
23incidental expenses related to the mandatory drug or alcohol
24testing, or both, and all costs incidental to approved
25electronic monitoring, of all defendants placed on
26supervision. The concurrence of the Chief Judge shall be in the

 

 

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1form of an administrative order. The fees shall be collected by
2the clerk of the circuit court. The clerk of the circuit court
3shall pay all moneys collected from these fees to the county
4treasurer who shall use the moneys collected to defray the
5costs of drug testing, alcohol testing, and electronic
6monitoring. The county treasurer shall deposit the fees
7collected in the county working cash fund under Section 6-27001
8or Section 6-29002 of the Counties Code, as the case may be.
9    (h) A disposition of supervision is a final order for the
10purposes of appeal.
11    (i) The court shall impose upon a defendant placed on
12supervision after January 1, 1992 or to community service under
13the supervision of a probation or court services department
14after January 1, 2004, as a condition of supervision or
15supervised community service, a fee of $50 for each month of
16supervision or supervised community service ordered by the
17court, unless after determining the inability of the person
18placed on supervision or supervised community service to pay
19the fee, the court assesses a lesser fee. The court may not
20impose the fee on a minor who is made a ward of the State under
21the Juvenile Court Act of 1987 while the minor is in placement.
22The fee shall be imposed only upon a defendant who is actively
23supervised by the probation and court services department. The
24fee shall be collected by the clerk of the circuit court. The
25clerk of the circuit court shall pay all monies collected from
26this fee to the county treasurer for deposit in the probation

 

 

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1and court services fund pursuant to Section 15.1 of the
2Probation and Probation Officers Act.
3    A circuit court may not impose a probation fee in excess of
4$25 per month unless the circuit court has adopted, by
5administrative order issued by the chief judge, a standard
6probation fee guide determining an offender's ability to pay.
7Of the amount collected as a probation fee, not to exceed $5 of
8that fee collected per month may be used to provide services to
9crime victims and their families.
10    The Court may only waive probation fees based on an
11offender's ability to pay. The probation department may
12re-evaluate an offender's ability to pay every 6 months, and,
13with the approval of the Director of Court Services or the
14Chief Probation Officer, adjust the monthly fee amount. An
15offender may elect to pay probation fees due in a lump sum. Any
16offender that has been assigned to the supervision of a
17probation department, or has been transferred either under
18subsection (h) of this Section or under any interstate compact,
19shall be required to pay probation fees to the department
20supervising the offender, based on the offender's ability to
21pay.
22    (j) All fines and costs imposed under this Section for any
23violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
24Code, or a similar provision of a local ordinance, and any
25violation of the Child Passenger Protection Act, or a similar
26provision of a local ordinance, shall be collected and

 

 

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1disbursed by the circuit clerk as provided under Section 27.5
2of the Clerks of Courts Act.
3    (k) A defendant at least 17 years of age who is placed on
4supervision for a misdemeanor in a county of 3,000,000 or more
5inhabitants and who has not been previously convicted of a
6misdemeanor or felony may as a condition of his or her
7supervision be required by the court to attend educational
8courses designed to prepare the defendant for a high school
9diploma and to work toward a high school diploma or to work
10toward passing high school equivalency testing the high school
11level Test of General Educational Development (GED) or to work
12toward completing a vocational training program approved by the
13court. The defendant placed on supervision must attend a public
14institution of education to obtain the educational or
15vocational training required by this subsection (k). The
16defendant placed on supervision shall be required to pay for
17the cost of the educational courses or high school equivalency
18testing GED test, if a fee is charged for those courses or
19testing test. The court shall revoke the supervision of a
20person who wilfully fails to comply with this subsection (k).
21The court shall resentence the defendant upon revocation of
22supervision as provided in Section 5-6-4. This subsection (k)
23does not apply to a defendant who has a high school diploma or
24has successfully passed high school equivalency testing the GED
25test. This subsection (k) does not apply to a defendant who is
26determined by the court to be developmentally disabled or

 

 

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1otherwise mentally incapable of completing the educational or
2vocational program.
3    (l) The court shall require a defendant placed on
4supervision for possession of a substance prohibited by the
5Cannabis Control Act, the Illinois Controlled Substances Act,
6or the Methamphetamine Control and Community Protection Act
7after a previous conviction or disposition of supervision for
8possession of a substance prohibited by the Cannabis Control
9Act, the Illinois Controlled Substances Act, or the
10Methamphetamine Control and Community Protection Act or a
11sentence of probation under Section 10 of the Cannabis Control
12Act or Section 410 of the Illinois Controlled Substances Act
13and after a finding by the court that the person is addicted,
14to undergo treatment at a substance abuse program approved by
15the court.
16    (m) The Secretary of State shall require anyone placed on
17court supervision for a violation of Section 3-707 of the
18Illinois Vehicle Code or a similar provision of a local
19ordinance to give proof of his or her financial responsibility
20as defined in Section 7-315 of the Illinois Vehicle Code. The
21proof shall be maintained by the individual in a manner
22satisfactory to the Secretary of State for a minimum period of
233 years after the date the proof is first filed. The proof
24shall be limited to a single action per arrest and may not be
25affected by any post-sentence disposition. The Secretary of
26State shall suspend the driver's license of any person

 

 

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1determined by the Secretary to be in violation of this
2subsection.
3    (n) Any offender placed on supervision for any offense that
4the court or probation department has determined to be sexually
5motivated as defined in the Sex Offender Management Board Act
6shall be required to refrain from any contact, directly or
7indirectly, with any persons specified by the court and shall
8be available for all evaluations and treatment programs
9required by the court or the probation department.
10    (o) An offender placed on supervision for a sex offense as
11defined in the Sex Offender Management Board Act shall refrain
12from residing at the same address or in the same condominium
13unit or apartment unit or in the same condominium complex or
14apartment complex with another person he or she knows or
15reasonably should know is a convicted sex offender or has been
16placed on supervision for a sex offense. The provisions of this
17subsection (o) do not apply to a person convicted of a sex
18offense who is placed in a Department of Corrections licensed
19transitional housing facility for sex offenders.
20    (p) An offender placed on supervision for an offense
21committed on or after June 1, 2008 (the effective date of
22Public Act 95-464) that would qualify the accused as a child
23sex offender as defined in Section 11-9.3 or 11-9.4 of the
24Criminal Code of 1961 or the Criminal Code of 2012 shall
25refrain from communicating with or contacting, by means of the
26Internet, a person who is not related to the accused and whom

 

 

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1the accused reasonably believes to be under 18 years of age.
2For purposes of this subsection (p), "Internet" has the meaning
3ascribed to it in Section 16-0.1 of the Criminal Code of 2012;
4and a person is not related to the accused if the person is
5not: (i) the spouse, brother, or sister of the accused; (ii) a
6descendant of the accused; (iii) a first or second cousin of
7the accused; or (iv) a step-child or adopted child of the
8accused.
9    (q) An offender placed on supervision for an offense
10committed on or after June 1, 2008 (the effective date of
11Public Act 95-464) that would qualify the accused as a child
12sex offender as defined in Section 11-9.3 or 11-9.4 of the
13Criminal Code of 1961 or the Criminal Code of 2012 shall, if so
14ordered by the court, refrain from communicating with or
15contacting, by means of the Internet, a person who is related
16to the accused and whom the accused reasonably believes to be
17under 18 years of age. For purposes of this subsection (q),
18"Internet" has the meaning ascribed to it in Section 16-0.1 of
19the Criminal Code of 2012; and a person is related to the
20accused if the person is: (i) the spouse, brother, or sister of
21the accused; (ii) a descendant of the accused; (iii) a first or
22second cousin of the accused; or (iv) a step-child or adopted
23child of the accused.
24    (r) An offender placed on supervision for an offense under
25Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a
26juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or

 

 

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111-21 of the Criminal Code of 1961 or the Criminal Code of
22012, or any attempt to commit any of these offenses, committed
3on or after the effective date of this amendatory Act of the
495th General Assembly shall:
5        (i) not access or use a computer or any other device
6    with Internet capability without the prior written
7    approval of the court, except in connection with the
8    offender's employment or search for employment with the
9    prior approval of the court;
10        (ii) submit to periodic unannounced examinations of
11    the offender's computer or any other device with Internet
12    capability by the offender's probation officer, a law
13    enforcement officer, or assigned computer or information
14    technology specialist, including the retrieval and copying
15    of all data from the computer or device and any internal or
16    external peripherals and removal of such information,
17    equipment, or device to conduct a more thorough inspection;
18        (iii) submit to the installation on the offender's
19    computer or device with Internet capability, at the
20    offender's expense, of one or more hardware or software
21    systems to monitor the Internet use; and
22        (iv) submit to any other appropriate restrictions
23    concerning the offender's use of or access to a computer or
24    any other device with Internet capability imposed by the
25    court.
26    (s) An offender placed on supervision for an offense that

 

 

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1is a sex offense as defined in Section 2 of the Sex Offender
2Registration Act that is committed on or after January 1, 2010
3(the effective date of Public Act 96-362) that requires the
4person to register as a sex offender under that Act, may not
5knowingly use any computer scrub software on any computer that
6the sex offender uses.
7    (t) An offender placed on supervision for a sex offense as
8defined in the Sex Offender Registration Act committed on or
9after January 1, 2010 (the effective date of Public Act 96-262)
10shall refrain from accessing or using a social networking
11website as defined in Section 17-0.5 of the Criminal Code of
122012.
13    (u) Jurisdiction over an offender may be transferred from
14the sentencing court to the court of another circuit with the
15concurrence of both courts. Further transfers or retransfers of
16jurisdiction are also authorized in the same manner. The court
17to which jurisdiction has been transferred shall have the same
18powers as the sentencing court. The probation department within
19the circuit to which jurisdiction has been transferred may
20impose probation fees upon receiving the transferred offender,
21as provided in subsection (i). The probation department from
22the original sentencing court shall retain all probation fees
23collected prior to the transfer.
24(Source: P.A. 96-262, eff. 1-1-10; 96-362, eff. 1-1-10; 96-409,
25eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1414, eff. 1-1-11;
2696-1551, Article 2, Section 1065, eff. 7-1-11; 96-1551, Article

 

 

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110, Section 10-150, eff. 7-1-11; 97-454, eff. 1-1-12; 97-597,
2eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
3    (730 ILCS 5/5-6-3.3)
4    Sec. 5-6-3.3. Offender Initiative Program.
5    (a) Statement of purpose. The General Assembly seeks to
6continue other successful programs that promote public safety,
7conserve valuable resources, and reduce recidivism by
8defendants who can lead productive lives by creating the
9Offender Initiative Program.
10    (a-1) Whenever any person who has not previously been
11convicted of, or placed on probation or conditional discharge
12for, any felony offense under the laws of this State, the laws
13of any other state, or the laws of the United States, is
14arrested for and charged with a probationable felony offense of
15theft, retail theft, forgery, possession of a stolen motor
16vehicle, burglary, possession of burglary tools, possession of
17cannabis, possession of a controlled substance, or possession
18of methamphetamine, the court, with the consent of the
19defendant and the State's Attorney, may continue this matter to
20allow a defendant to participate and complete the Offender
21Initiative Program.
22    (a-2) Exemptions. A defendant shall not be eligible for
23this Program if the offense he or she has been arrested for and
24charged with is a violent offense. For purposes of this
25Program, a "violent offense" is any offense where bodily harm

 

 

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1was inflicted or where force was used against any person or
2threatened against any person, any offense involving sexual
3conduct, sexual penetration, or sexual exploitation, any
4offense of domestic violence, domestic battery, violation of an
5order of protection, stalking, hate crime, driving under the
6influence of drugs or alcohol, and any offense involving the
7possession of a firearm or dangerous weapon. A defendant shall
8not be eligible for this Program if he or she has previously
9been adjudicated a delinquent minor for the commission of a
10violent offense as defined in this subsection.
11    (b) When a defendant is placed in the Program, after both
12the defendant and State's Attorney waive preliminary hearing
13pursuant to Section 109-3 of the Code of Criminal Procedure of
141963, the court shall enter an order specifying that the
15proceedings shall be suspended while the defendant is
16participating in a Program of not less 12 months.
17    (c) The conditions of the Program shall be that the
18defendant:
19        (1) not violate any criminal statute of this State or
20    any other jurisdiction;
21        (2) refrain from possessing a firearm or other
22    dangerous weapon;
23        (3) make full restitution to the victim or property
24    owner pursuant to Section 5-5-6 of this Code;
25        (4) obtain employment or perform not less than 30 hours
26    of community service, provided community service is

 

 

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1    available in the county and is funded and approved by the
2    county board; and
3        (5) attend educational courses designed to prepare the
4    defendant for obtaining a high school diploma or to work
5    toward passing high school equivalency testing the high
6    school level test of General Educational Development
7    (G.E.D.) or to work toward completing a vocational training
8    program.
9    (d) The court may, in addition to other conditions, require
10that the defendant:
11        (1) undergo medical or psychiatric treatment, or
12    treatment or rehabilitation approved by the Illinois
13    Department of Human Services;
14        (2) refrain from having in his or her body the presence
15    of any illicit drug prohibited by the Methamphetamine
16    Control and Community Protection Act, the Cannabis Control
17    Act or the Illinois Controlled Substances Act, unless
18    prescribed by a physician, and submit samples of his or her
19    blood or urine or both for tests to determine the presence
20    of any illicit drug;
21        (3) submit to periodic drug testing at a time, manner,
22    and frequency as ordered by the court;
23        (4) pay fines, fees and costs; and
24        (5) in addition, if a minor:
25            (i) reside with his or her parents or in a foster
26        home;

 

 

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1            (ii) attend school;
2            (iii) attend a non-residential program for youth;
3        or
4            (iv) contribute to his or her own support at home
5        or in a foster home.
6    (e) When the State's Attorney makes a factually specific
7offer of proof that the defendant has failed to successfully
8complete the Program or has violated any of the conditions of
9the Program, the court shall enter an order that the defendant
10has not successfully completed the Program and continue the
11case for arraignment pursuant to Section 113-1 of the Code of
12Criminal Procedure of 1963 for further proceedings as if the
13defendant had not participated in the Program.
14    (f) Upon fulfillment of the terms and conditions of the
15Program, the State's Attorney shall dismiss the case or the
16court shall discharge the person and dismiss the proceedings
17against the person.
18    (g) There may be only one discharge and dismissal under
19this Section with respect to any person.
20(Source: P.A. 97-1118, eff. 1-1-13.)
 
21    (730 ILCS 5/5-6-3.4)
22    Sec. 5-6-3.4. Second Chance Probation.
23    (a) Whenever any person who has not previously been
24convicted of, or placed on probation or conditional discharge
25for, any felony offense under the laws of this State, the laws

 

 

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1of any other state, or the laws of the United States, including
2probation under Section 410 of the Illinois Controlled
3Substances Act, Section 70 of the Methamphetamine Control and
4Community Protection Act, Section 10 of the Cannabis Control
5Act, subsection (c) of Section 11-14 of the Criminal Code of
62012, Treatment Alternatives for Criminal Justice Clients
7(TASC) under Article 40 of the Alcoholism and Other Drug Abuse
8and Dependency Act, or prior successful completion of the
9Offender Initiative Program under Section 5-6-3.3 of this Code,
10and pleads guilty to, or is found guilty of, a probationable
11felony offense of possession of a controlled substance that is
12punishable as a Class 4 felony; possession of methamphetamine
13that is punishable as a Class 4 felony; theft that is
14punishable as a Class 3 felony based on the value of the
15property or punishable as a Class 4 felony if the theft was
16committed in a school or place of worship or if the theft was
17of governmental property; retail theft that is punishable as a
18Class 3 felony based on the value of the property; criminal
19damage to property that is punishable as a Class 4 felony;
20criminal damage to government supported property that is
21punishable as a Class 4 felony; or possession of cannabis which
22is punishable as a Class 4 felony, the court, with the consent
23of the defendant and the State's Attorney, may, without
24entering a judgment, sentence the defendant to probation under
25this Section.
26    (a-1) Exemptions. A defendant is not eligible for this

 

 

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1probation if the offense he or she pleads guilty to, or is
2found guilty of, is a violent offense, or he or she has
3previously been convicted of a violent offense. For purposes of
4this probation, a "violent offense" is any offense where bodily
5harm was inflicted or where force was used against any person
6or threatened against any person, any offense involving sexual
7conduct, sexual penetration, or sexual exploitation, any
8offense of domestic violence, domestic battery, violation of an
9order of protection, stalking, hate crime, driving under the
10influence of drugs or alcohol, and any offense involving the
11possession of a firearm or dangerous weapon. A defendant shall
12not be eligible for this probation if he or she has previously
13been adjudicated a delinquent minor for the commission of a
14violent offense as defined in this subsection.
15    (b) When a defendant is placed on probation, the court
16shall enter an order specifying a period of probation of not
17less than 24 months and shall defer further proceedings in the
18case until the conclusion of the period or until the filing of
19a petition alleging violation of a term or condition of
20probation.
21    (c) The conditions of probation shall be that the
22defendant:
23        (1) not violate any criminal statute of this State or
24    any other jurisdiction;
25        (2) refrain from possessing a firearm or other
26    dangerous weapon;

 

 

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1        (3) make full restitution to the victim or property
2    owner under Section 5-5-6 of this Code;
3        (4) obtain or attempt to obtain employment;
4        (5) pay fines and costs;
5        (6) attend educational courses designed to prepare the
6    defendant for obtaining a high school diploma or to work
7    toward passing high school equivalency testing the high
8    school level test of General Educational Development
9    (G.E.D.) or to work toward completing a vocational training
10    program;
11        (7) submit to periodic drug testing at a time and in a
12    manner as ordered by the court, but no less than 3 times
13    during the period of probation, with the cost of the
14    testing to be paid by the defendant; and
15        (8) perform a minimum of 30 hours of community service.
16    (d) The court may, in addition to other conditions, require
17that the defendant:
18        (1) make a report to and appear in person before or
19    participate with the court or such courts, person, or
20    social service agency as directed by the court in the order
21    of probation;
22        (2) undergo medical or psychiatric treatment, or
23    treatment or rehabilitation approved by the Illinois
24    Department of Human Services;
25        (3) attend or reside in a facility established for the
26    instruction or residence of defendants on probation;

 

 

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1        (4) support his or her dependents; or
2        (5) refrain from having in his or her body the presence
3    of any illicit drug prohibited by the Methamphetamine
4    Control and Community Protection Act, the Cannabis Control
5    Act, or the Illinois Controlled Substances Act, unless
6    prescribed by a physician, and submit samples of his or her
7    blood or urine or both for tests to determine the presence
8    of any illicit drug.
9    (e) Upon violation of a term or condition of probation, the
10court may enter a judgment on its original finding of guilt and
11proceed as otherwise provided by law.
12    (f) Upon fulfillment of the terms and conditions of
13probation, the court shall discharge the person and dismiss the
14proceedings against the person.
15    (g) A disposition of probation is considered to be a
16conviction for the purposes of imposing the conditions of
17probation and for appeal; however, a discharge and dismissal
18under this Section is not a conviction for purposes of this
19Code or for purposes of disqualifications or disabilities
20imposed by law upon conviction of a crime.
21    (h) There may be only one discharge and dismissal under
22this Section, Section 410 of the Illinois Controlled Substances
23Act, Section 70 of the Methamphetamine Control and Community
24Protection Act, Section 10 of the Cannabis Control Act,
25Treatment Alternatives for Criminal Justice Clients (TASC)
26under Article 40 of the Alcoholism and Other Drug Abuse and

 

 

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1Dependency Act, the Offender Initiative Program under Section
25-6-3.3 of this Code, and subsection (c) of Section 11-14 of
3the Criminal Code of 2012 with respect to any person.
4    (i) If a person is convicted of any offense which occurred
5within 5 years subsequent to a discharge and dismissal under
6this Section, the discharge and dismissal under this Section
7shall be admissible in the sentencing proceeding for that
8conviction as evidence in aggravation.
9(Source: P.A. 98-164, eff. 1-1-14.)
 
10    (730 ILCS 5/5-7-1)  (from Ch. 38, par. 1005-7-1)
11    Sec. 5-7-1. Sentence of Periodic Imprisonment.
12    (a) A sentence of periodic imprisonment is a sentence of
13imprisonment during which the committed person may be released
14for periods of time during the day or night or for periods of
15days, or both, or if convicted of a felony, other than first
16degree murder, a Class X or Class 1 felony, committed to any
17county, municipal, or regional correctional or detention
18institution or facility in this State for such periods of time
19as the court may direct. Unless the court orders otherwise, the
20particular times and conditions of release shall be determined
21by the Department of Corrections, the sheriff, or the
22Superintendent of the house of corrections, who is
23administering the program.
24    (b) A sentence of periodic imprisonment may be imposed to
25permit the defendant to:

 

 

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1        (1) seek employment;
2        (2) work;
3        (3) conduct a business or other self-employed
4    occupation including housekeeping;
5        (4) attend to family needs;
6        (5) attend an educational institution, including
7    vocational education;
8        (6) obtain medical or psychological treatment;
9        (7) perform work duties at a county, municipal, or
10    regional correctional or detention institution or
11    facility;
12        (8) continue to reside at home with or without
13    supervision involving the use of an approved electronic
14    monitoring device, subject to Article 8A of Chapter V; or
15        (9) for any other purpose determined by the court.
16    (c) Except where prohibited by other provisions of this
17Code, the court may impose a sentence of periodic imprisonment
18for a felony or misdemeanor on a person who is 17 years of age
19or older. The court shall not impose a sentence of periodic
20imprisonment if it imposes a sentence of imprisonment upon the
21defendant in excess of 90 days.
22    (d) A sentence of periodic imprisonment shall be for a
23definite term of from 3 to 4 years for a Class 1 felony, 18 to
2430 months for a Class 2 felony, and up to 18 months, or the
25longest sentence of imprisonment that could be imposed for the
26offense, whichever is less, for all other offenses; however, no

 

 

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1person shall be sentenced to a term of periodic imprisonment
2longer than one year if he is committed to a county
3correctional institution or facility, and in conjunction with
4that sentence participate in a county work release program
5comparable to the work and day release program provided for in
6Article 13 of the Unified Code of Corrections in State
7facilities. The term of the sentence shall be calculated upon
8the basis of the duration of its term rather than upon the
9basis of the actual days spent in confinement. No sentence of
10periodic imprisonment shall be subject to the good time credit
11provisions of Section 3-6-3 of this Code.
12    (e) When the court imposes a sentence of periodic
13imprisonment, it shall state:
14        (1) the term of such sentence;
15        (2) the days or parts of days which the defendant is to
16    be confined;
17        (3) the conditions.
18    (f) The court may issue an order of protection pursuant to
19the Illinois Domestic Violence Act of 1986 as a condition of a
20sentence of periodic imprisonment. The Illinois Domestic
21Violence Act of 1986 shall govern the issuance, enforcement and
22recording of orders of protection issued under this Section. A
23copy of the order of protection shall be transmitted to the
24person or agency having responsibility for the case.
25    (f-5) An offender sentenced to a term of periodic
26imprisonment for a felony sex offense as defined in the Sex

 

 

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1Offender Management Board Act shall be required to undergo and
2successfully complete sex offender treatment by a treatment
3provider approved by the Board and conducted in conformance
4with the standards developed under the Sex Offender Management
5Board Act.
6    (g) An offender sentenced to periodic imprisonment who
7undergoes mandatory drug or alcohol testing, or both, or is
8assigned to be placed on an approved electronic monitoring
9device, shall be ordered to pay the costs incidental to such
10mandatory drug or alcohol testing, or both, and costs
11incidental to such approved electronic monitoring in
12accordance with the defendant's ability to pay those costs. The
13county board with the concurrence of the Chief Judge of the
14judicial circuit in which the county is located shall establish
15reasonable fees for the cost of maintenance, testing, and
16incidental expenses related to the mandatory drug or alcohol
17testing, or both, and all costs incidental to approved
18electronic monitoring, of all offenders with a sentence of
19periodic imprisonment. The concurrence of the Chief Judge shall
20be in the form of an administrative order. The fees shall be
21collected by the clerk of the circuit court. The clerk of the
22circuit court shall pay all moneys collected from these fees to
23the county treasurer who shall use the moneys collected to
24defray the costs of drug testing, alcohol testing, and
25electronic monitoring. The county treasurer shall deposit the
26fees collected in the county working cash fund under Section

 

 

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16-27001 or Section 6-29002 of the Counties Code, as the case
2may be.
3    (h) All fees and costs imposed under this Section for any
4violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
5Code, or a similar provision of a local ordinance, and any
6violation of the Child Passenger Protection Act, or a similar
7provision of a local ordinance, shall be collected and
8disbursed by the circuit clerk as provided under Section 27.5
9of the Clerks of Courts Act.
10    (i) A defendant at least 17 years of age who is convicted
11of a misdemeanor or felony in a county of 3,000,000 or more
12inhabitants and who has not been previously convicted of a
13misdemeanor or a felony and who is sentenced to a term of
14periodic imprisonment may as a condition of his or her sentence
15be required by the court to attend educational courses designed
16to prepare the defendant for a high school diploma and to work
17toward receiving a high school diploma or to work toward
18passing high school equivalency testing the high school level
19Test of General Educational Development (GED) or to work toward
20completing a vocational training program approved by the court.
21The defendant sentenced to periodic imprisonment must attend a
22public institution of education to obtain the educational or
23vocational training required by this subsection (i). The
24defendant sentenced to a term of periodic imprisonment shall be
25required to pay for the cost of the educational courses or high
26school equivalency testing GED test, if a fee is charged for

 

 

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1those courses or testing test. The court shall revoke the
2sentence of periodic imprisonment of the defendant who wilfully
3fails to comply with this subsection (i). The court shall
4resentence the defendant whose sentence of periodic
5imprisonment has been revoked as provided in Section 5-7-2.
6This subsection (i) does not apply to a defendant who has a
7high school diploma or has successfully passed high school
8equivalency testing the GED test. This subsection (i) does not
9apply to a defendant who is determined by the court to be
10developmentally disabled or otherwise mentally incapable of
11completing the educational or vocational program.
12(Source: P.A. 93-616, eff. 1-1-04.)
 
13    (730 ILCS 5/5-8-1.3)
14    Sec. 5-8-1.3. Pilot residential and transition treatment
15program for women.
16    (a) The General Assembly recognizes:
17        (1) that drug-offending women with children who have
18    been in and out of the criminal justice system for years
19    are a serious problem;
20        (2) that the intergenerational cycle of women
21    continuously being part of the criminal justice system
22    needs to be broken;
23        (3) that the effects of drug offending women with
24    children disrupts family harmony and creates an atmosphere
25    that is not conducive to healthy childhood development;

 

 

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1        (4) that there is a need for an effective residential
2    community supervision model to provide help to women to
3    become drug free, recover from trauma, focus on healthy
4    mother-child relationships, and establish economic
5    independence and long-term support;
6        (5) that certain non-violent women offenders with
7    children eligible for sentences of incarceration, may
8    benefit from the rehabilitative aspects of gender
9    responsive treatment programs and services. This Section
10    shall not be construed to allow violent offenders to
11    participate in a treatment program.
12    (b) Under the direction of the sheriff and with the
13approval of the county board of commissioners, the sheriff, in
14any county with more than 3,000,000 inhabitants, may operate a
15residential and transition treatment program for women
16established by the Illinois Department of Corrections if
17funding has been provided by federal, local or private
18entities. If the court finds during the sentencing hearing
19conducted under Section 5-4-1 that a woman convicted of a
20felony meets the eligibility requirements of the sheriff's
21residential and transition treatment program for women, the
22court may refer the offender to the sheriff's residential and
23transition treatment program for women for consideration as a
24participant as an alternative to incarceration in the
25penitentiary. The sheriff shall be responsible for supervising
26all women who are placed in the residential and transition

 

 

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1treatment program for women for the 12-month period. In the
2event that the woman is not accepted for placement in the
3sheriff's residential and transition treatment program for
4women, the court shall proceed to sentence the woman to any
5other disposition authorized by this Code. If the woman does
6not successfully complete the residential and transition
7treatment program for women, the woman's failure to do so shall
8constitute a violation of the sentence to the residential and
9transition treatment program for women.
10    (c) In order to be eligible to be a participant in the
11pilot residential and transition treatment program for women,
12the participant shall meet all of the following conditions:
13        (1) The woman has not been convicted of a violent crime
14    as defined in subsection (c) of Section 3 of the Rights of
15    Crime Victims and Witnesses Act, a Class X felony, first or
16    second degree murder, armed violence, aggravated
17    kidnapping, criminal sexual assault, aggravated criminal
18    sexual abuse or a subsequent conviction for criminal sexual
19    abuse, forcible detention, or arson and has not been
20    previously convicted of any of those offenses.
21        (2) The woman must undergo an initial assessment
22    evaluation to determine the treatment and program plan.
23        (3) The woman was recommended and accepted for
24    placement in the pilot residential and transition
25    treatment program for women by the Department of
26    Corrections and has consented in writing to participation

 

 

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1    in the program under the terms and conditions of the
2    program. The Department of Corrections may consider
3    whether space is available.
4    (d) The program may include a substance abuse treatment
5program designed for women offenders, mental health, trauma,
6and medical treatment; parenting skills and family
7relationship counseling, preparation for a high school
8equivalency GED or vocational certificate; life skills
9program; job readiness and job skill training, and a community
10transition development plan.
11    (e) With the approval of the Department of Corrections, the
12sheriff shall issue requirements for the program and inform the
13participants who shall sign an agreement to adhere to all rules
14and all requirements for the pilot residential and transition
15treatment program.
16    (f) Participation in the pilot residential and transition
17treatment program for women shall be for a period not to exceed
1812 months. The period may not be reduced by accumulation of
19good time.
20    (g) If the woman successfully completes the pilot
21residential and transition treatment program for women, the
22sheriff shall notify the Department of Corrections, the court,
23and the State's Attorney of the county of the woman's
24successful completion.
25    (h) A woman may be removed from the pilot residential and
26transition treatment program for women for violation of the

 

 

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1terms and conditions of the program or in the event she is
2unable to participate. The failure to complete the program
3shall be deemed a violation of the conditions of the program.
4The sheriff shall give notice to the Department of Corrections,
5the court, and the State's Attorney of the woman's failure to
6complete the program. The Department of Corrections or its
7designee shall file a petition alleging that the woman has
8violated the conditions of the program with the court. The
9State's Attorney may proceed on the petition under Section
105-4-1 of this Code.
11    (i) The conditions of the pilot residential and transition
12treatment program for women shall include that the woman while
13in the program:
14        (1) not violate any criminal statute of any
15    jurisdiction;
16        (2) report or appear in person before any person or
17    agency as directed by the court, the sheriff, or Department
18    of Corrections;
19        (3) refrain from possessing a firearm or other
20    dangerous weapon;
21        (4) consent to drug testing;
22        (5) not leave the State without the consent of the
23    court or, in circumstances in which reason for the absence
24    is of such an emergency nature that prior consent by the
25    court is not possible, without prior notification and
26    approval of the Department of Corrections;

 

 

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1        (6) upon placement in the program, must agree to follow
2    all requirements of the program.
3    (j) The Department of Corrections or the sheriff may
4terminate the program at any time by mutual agreement or with
530 days prior written notice by either the Department of
6Corrections or the sheriff.
7    (k) The Department of Corrections may enter into a joint
8contract with a county with more than 3,000,000 inhabitants to
9establish and operate a pilot residential and treatment program
10for women.
11    (l) The Director of the Department of Corrections shall
12have the authority to develop rules to establish and operate a
13pilot residential and treatment program for women that shall
14include criteria for selection of the participants of the
15program in conjunction and approval by the sentencing court.
16Violent crime offenders are not eligible to participate in the
17program.
18    (m) The Department shall report to the Governor and the
19General Assembly before September 30th of each year on the
20pilot residential and treatment program for women, including
21the composition of the program by offenders, sentence, age,
22offense, and race. Reporting is only required if the pilot
23residential and treatment program for women is operational.
24    (n) The Department of Corrections or the sheriff may
25terminate the program with 30 days prior written notice.
26    (o) A county with more than 3,000,000 inhabitants is

 

 

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1authorized to apply for funding from federal, local or private
2entities to create a Residential and Treatment Program for
3Women. This sentencing option may not go into effect until the
4funding is secured for the program and the program has been
5established.
6(Source: P.A. 97-800, eff. 7-13-12.)
 
7    Section 995. No acceleration or delay. Where this Act makes
8changes in a statute that is represented in this Act by text
9that is not yet or no longer in effect (for example, a Section
10represented by multiple versions), the use of that text does
11not accelerate or delay the taking effect of (i) the changes
12made by this Act or (ii) provisions derived from any other
13Public Act.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 415/8cfrom Ch. 127, par. 63b108c
4    20 ILCS 505/8from Ch. 23, par. 5008
5    20 ILCS 1315/25
6    20 ILCS 1510/30
7    20 ILCS 1705/15.4
8    20 ILCS 3970/3from Ch. 127, par. 3833
9    105 ILCS 5/2-3.66from Ch. 122, par. 2-3.66
10    105 ILCS 5/3-15.12from Ch. 122, par. 3-15.12
11    105 ILCS 5/10-22.20from Ch. 122, par. 10-22.20
12    105 ILCS 5/13-40from Ch. 122, par. 13-40
13    105 ILCS 5/13B-20.20
14    105 ILCS 5/13B-30.15
15    105 ILCS 5/13B-85
16    105 ILCS 5/26-2from Ch. 122, par. 26-2
17    105 ILCS 5/26-16
18    105 ILCS 405/3-1from Ch. 122, par. 203-1
19    110 ILCS 305/8from Ch. 144, par. 29
20    110 ILCS 520/8efrom Ch. 144, par. 658e
21    110 ILCS 660/5-85
22    110 ILCS 665/10-85
23    110 ILCS 670/15-85
24    110 ILCS 675/20-85
25    110 ILCS 680/25-85

 

 

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1    110 ILCS 685/30-85
2    110 ILCS 690/35-85
3    110 ILCS 805/2-12from Ch. 122, par. 102-12
4    110 ILCS 805/3-17from Ch. 122, par. 103-17
5    110 ILCS 947/50
6    110 ILCS 947/52
7    215 ILCS 5/500-50
8    225 ILCS 85/9from Ch. 111, par. 4129
9    225 ILCS 235/5from Ch. 111 1/2, par. 2205
10    305 ILCS 5/9A-9from Ch. 23, par. 9A-9
11    430 ILCS 66/80
12    625 ILCS 5/6-107from Ch. 95 1/2, par. 6-107
13    625 ILCS 5/6-408.5
14    730 ILCS 5/3-3-8from Ch. 38, par. 1003-3-8
15    730 ILCS 5/3-6-3from Ch. 38, par. 1003-6-3
16    730 ILCS 5/3-6-8
17    730 ILCS 5/3-12-16
18    730 ILCS 5/5-5-3from Ch. 38, par. 1005-5-3
19    730 ILCS 5/5-6-3from Ch. 38, par. 1005-6-3
20    730 ILCS 5/5-6-3.1from Ch. 38, par. 1005-6-3.1
21    730 ILCS 5/5-6-3.3
22    730 ILCS 5/5-6-3.4
23    730 ILCS 5/5-7-1from Ch. 38, par. 1005-7-1
24    730 ILCS 5/5-8-1.3