Public Act 102-1100

SB3792 Enrolled LRB102 25808 CMG 35148 b

AN ACT concerning education.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Children and Family Services Act is amended

by changing Sections 8 and 35.10 as follows:

(20 ILCS 505/8) (from Ch. 23, par. 5008)

Sec. 8. Scholarships and fee waivers; tuition waiver.

(a) Each year the Department shall select a minimum of 53

students (at least 4 of whom shall be children of veterans) to

receive scholarships and fee waivers which will enable them to

attend and complete their post-secondary education at a

community college, university, or college. Youth shall be

selected from among the youth for whom the Department has

court-ordered legal responsibility, youth who aged out of care

at age 18 or older, or youth formerly under care who have been

adopted or who have been placed in private guardianship.

Recipients must have earned a high school diploma from an

accredited institution or a State of Illinois High School

Diploma high school equivalency certificate or diploma or have

met the State criteria for high school graduation before the

start of the school year for which they are applying for the

scholarship and waiver. Scholarships and fee waivers shall be

available to students for at least 5 years, provided they are

continuing to work toward graduation. Unused scholarship

dollars and fee waivers shall be reallocated to new

recipients. No later than January 1, 2015, the Department

shall promulgate rules identifying the criteria for

"continuing to work toward graduation" and for reallocating

unused scholarships and fee waivers. Selection shall be made

on the basis of several factors, including, but not limited

to, scholastic record, aptitude, and general interest in

higher education. The selection committee shall include at

least 2 individuals formerly under the care of the Department

who have completed their post-secondary education. In

accordance with this Act, tuition scholarships and fee waivers

shall be available to such students at any university or

college maintained by the State of Illinois. The Department

shall provide maintenance and school expenses, except tuition

and fees, during the academic years to supplement the

students' earnings or other resources so long as they

consistently maintain scholastic records which are acceptable

to their schools and to the Department. Students may attend

other colleges and universities, if scholarships are awarded

them, and receive the same benefits for maintenance and other

expenses as those students attending any Illinois State

community college, university, or college under this Section.

Beginning with recipients receiving scholarships and waivers

in August 2014, the Department shall collect data and report

annually to the General Assembly on measures of success,

including (i) the number of youth applying for and receiving

scholarships or waivers, (ii) the percentage of scholarship or

waiver recipients who complete their college or university

degree within 5 years, (iii) the average length of time it

takes for scholarship or waiver recipients to complete their

college or university degree, (iv) the reasons that

scholarship or waiver recipients are discharged or fail to

complete their college or university degree, (v) when

available, youths' outcomes 5 years and 10 years after being

awarded the scholarships or waivers, and (vi) budget

allocations for maintenance and school expenses incurred by

the Department.

(b) Youth shall receive a tuition and fee waiver to assist

them in attending and completing their post-secondary

education at any community college, university, or college

maintained by the State of Illinois if they are youth for whom

the Department has court-ordered legal responsibility, youth

who aged out of care at age 18 or older, or youth formerly

under care who have been adopted and were the subject of an

adoption assistance agreement or who have been placed in

private guardianship and were the subject of a subsidized

guardianship agreement.

To receive a waiver under this subsection, an applicant

must:

(1) have earned a high school diploma from an

accredited institution or a State of Illinois High School

Diploma high school equivalency certificate or have met

the State criteria for high school graduation before the

start of the school year for which the applicant is

applying for the waiver;

(2) enroll in a qualifying post-secondary education

before the applicant reaches the age of 26; and

(3) apply for federal and State grant assistance by

completing the Free Application for Federal Student Aid.

The community college or public university that an

applicant attends must waive any tuition and fee amounts that

exceed the amounts paid to the applicant under the federal

Pell Grant Program or the State's Monetary Award Program.

Tuition and fee waivers shall be available to a student

for at least the first 5 years the student is enrolled in a

community college, university, or college maintained by the

State of Illinois so long as the student makes satisfactory

progress toward completing his or her degree. The age

requirement and 5-year cap on tuition and fee waivers under

this subsection shall be waived and eligibility for tuition

and fee waivers shall be extended for any applicant or student

who the Department determines was unable to enroll in a

qualifying post-secondary school or complete an academic term

because the applicant or student: (i) was called into active

duty with the United States Armed Forces; (ii) was deployed

for service in the United States Public Health Service

Commissioned Corps; or (iii) volunteered in the Peace Corps or

the AmeriCorps. The Department shall extend eligibility for a

qualifying applicant or student by the total number of months

or years during which the applicant or student served on

active duty with the United States Armed Forces, was deployed

for service in the United States Public Health Service

Commissioned Corps, or volunteered in the Peace Corps or the

AmeriCorps. The number of months an applicant or student

served on active duty with the United States Armed Forces

shall be rounded up to the next higher year to determine the

maximum length of time to extend eligibility for the applicant

or student.

The Department may provide the student with a stipend to

cover maintenance and school expenses, except tuition and

fees, during the academic years to supplement the student's

earnings or other resources so long as the student

consistently maintains scholastic records which are acceptable

to the student's school and to the Department.

The Department shall develop outreach programs to ensure

that youths who qualify for the tuition and fee waivers under

this subsection who are high school students in grades 9

through 12 or who are enrolled in a high school equivalency

testing program are aware of the availability of the tuition

and fee waivers.

(c) Subject to appropriation, the Department shall provide

eligible youth an apprenticeship stipend to cover those costs

associated with entering and sustaining through completion an

apprenticeship, including, but not limited to fees, tuition

for classes, work clothes, rain gear, boots, and

occupation-specific tools. The following youth may be eligible

for the apprenticeship stipend provided under this subsection:

youth for whom the Department has court-ordered legal

responsibility; youth who aged out of care at age 18 or older;

or youth formerly under care who have been adopted and were the

subject of an adoption assistance agreement or who have been

placed in private guardianship and were the subject of a

subsidized guardianship agreement.

To receive a stipend under this subsection, an applicant

must:

(1) be enrolled in an apprenticeship training program

approved or recognized by the Illinois Department of

Employment Security or an apprenticeship program approved

by the United States Department of Labor;

(2) not be a recipient of a scholarship or fee waiver

under subsection (a) or (b); and

(3) be under the age of 26 before enrolling in a

qualified apprenticeship program.

Apprenticeship stipends shall be available to an eligible

youth for a maximum of 5 years after the youth enrolls in a

qualifying apprenticeship program so long as the youth makes

satisfactory progress toward completing his or her

apprenticeship. The age requirement and 5-year cap on the

apprenticeship stipend provided under this subsection shall be

extended for any applicant who the Department determines was

unable to enroll in a qualifying apprenticeship program

because the applicant: (i) was called into active duty with

the United States Armed Forces; (ii) was deployed for service

in the United States Public Health Service Commissioned Corps;

or (iii) volunteered in the Peace Corps or the AmeriCorps. The

Department shall extend eligibility for a qualifying applicant

by the total number of months or years during which the

applicant served on active duty with the United States Armed

Forces, was deployed for service in the United States Public

Health Service Commissioned Corps, or volunteered in the Peace

Corps or the AmeriCorps. The number of months an applicant

served on active duty with the United States Armed Forces

shall be rounded up to the next higher year to determine the

maximum length of time to extend eligibility for the

applicant.

The Department shall develop outreach programs to ensure

that youths who qualify for the apprenticeship stipends under

this subsection who are high school students in grades 9

through 12 or who are enrolled in a high school equivalency

testing program are aware of the availability of the

apprenticeship stipend.

(Source: P.A. 100-1045, eff. 1-1-19; 101-558, eff. 1-1-20.)

(20 ILCS 505/35.10)

Sec. 35.10. Documents necessary for adult living. The

Department shall assist a youth in care in identifying and

obtaining documents necessary to function as an independent

adult prior to the closure of the youth's case to terminate

wardship as provided in Section 2-31 of the Juvenile Court Act

of 1987. These necessary documents shall include, but not be

limited to, any of the following:

(1) State identification card or driver's license.

(2) Social Security card.

(3) Medical records, including, but not limited to,

health passport, dental records, immunization records,

name and contact information for all current medical,

dental, and mental health providers, and a signed

certification that the Department provided the youth with

education on executing a healthcare power of attorney.

(4) Medicaid card or other health eligibility

documentation.

(5) Certified copy of birth certificate.

(6) Any applicable religious documents.

(7) Voter registration card.

(8) Immigration, citizenship, or naturalization

documentation, if applicable.

(9) Death certificates of parents, if applicable.

(10) Life book or compilation of personal history and

photographs.

(11) List of known relatives with relationships,

addresses, telephone numbers, and other contact

information, with the permission of the involved relative.

(12) Resume.

(13) Educational records, including list of schools

attended, and transcript, high school diploma, or State of

Illinois High School Diploma high school equivalency

certificate.

(14) List of placements while in care.

(15) List of community resources with referral

information, including the Midwest Adoption Center for

search and reunion services for former youth in care,

whether or not they were adopted, and the Illinois Chapter

of Foster Care Alumni of America.

(16) All documents necessary to complete a Free

Application for Federal Student Aid form, if applicable,

or an application for State financial aid.

If a court determines that a youth in care no longer requires

wardship of the court and orders the wardship terminated and

all proceedings under the Juvenile Court Act of 1987

respecting the youth in care finally closed and discharged,

the Department shall ensure that the youth in care receives a

copy of the court's order.

(Source: P.A. 102-70, eff. 1-1-22.)

Section 10. The Illinois Youthbuild Act is amended by

changing Section 25 as follows:

(20 ILCS 1315/25)

Sec. 25. Eligible participants. Eligible participants are

youth 16 to 24 years old who are economically disadvantaged as

defined in United States Code, Title 29, Section 1503, and who

are part of one of the following groups:

(a) Persons who are not attending any school and have

not received a secondary school diploma or its equivalent.

(b) Persons currently enrolled in a traditional or

alternative school setting or a high school equivalency

testing program and who are in danger of dropping out of

school.

(c) A member of a low-income family, a youth in foster

care (including a youth aging-out of foster care), a youth

offender, a youth with a disability, a child of

incarcerated parents, or a migrant youth.

Not more than 25% of the participants in the program may be

individuals who do not meet the requirements of subsections

(a) or (b), but who are deficient in basic skills despite

having attained a secondary school diploma, State of Illinois

High School Diploma high school equivalency certificate, or

other State-recognized equivalent, or who have been referred

by a local secondary school for participation in a Youthbuild

program leading to the attainment of a secondary school

diploma.

(Source: P.A. 98-718, eff. 1-1-15.)

Section 15. The Mental Health and Developmental

Disabilities Administrative Act is amended by changing Section

15.4 as follows:

(20 ILCS 1705/15.4)

Sec. 15.4. Authorization for nursing delegation to permit

direct care staff to administer medications.

(a) This Section applies to (i) all residential programs

for persons with a developmental disability in settings of 16

persons or fewer that are funded or licensed by the Department

of Human Services and that distribute or administer

medications, (ii) all intermediate care facilities for persons

with developmental disabilities with 16 beds or fewer that are

licensed by the Department of Public Health, and (iii) all day

programs certified to serve persons with developmental

disabilities by the Department of Human Services. The

Department of Human Services shall develop a training program

for authorized direct care staff to administer medications

under the supervision and monitoring of a registered

professional nurse. The training program for authorized direct

care staff shall include educational and oversight components

for staff who work in day programs that are similar to those

for staff who work in residential programs. This training

program shall be developed in consultation with professional

associations representing (i) physicians licensed to practice

medicine in all its branches, (ii) registered professional

nurses, and (iii) pharmacists.

(b) For the purposes of this Section:

"Authorized direct care staff" means non-licensed persons

who have successfully completed a medication administration

training program approved by the Department of Human Services

and conducted by a nurse-trainer. This authorization is

specific to an individual receiving service in a specific

agency and does not transfer to another agency.

"Medications" means oral and topical medications, insulin

in an injectable form, oxygen, epinephrine auto-injectors, and

vaginal and rectal creams and suppositories. "Oral" includes

inhalants and medications administered through enteral tubes,

utilizing aseptic technique. "Topical" includes eye, ear, and

nasal medications. Any controlled substances must be packaged

specifically for an identified individual.

"Insulin in an injectable form" means a subcutaneous

injection via an insulin pen pre-filled by the manufacturer.

Authorized direct care staff may administer insulin, as

ordered by a physician, advanced practice registered nurse, or

physician assistant, if: (i) the staff has successfully

completed a Department-approved advanced training program

specific to insulin administration developed in consultation

with professional associations listed in subsection (a) of

this Section, and (ii) the staff consults with the registered

nurse, prior to administration, of any insulin dose that is

determined based on a blood glucose test result. The

authorized direct care staff shall not: (i) calculate the

insulin dosage needed when the dose is dependent upon a blood

glucose test result, or (ii) administer insulin to individuals

who require blood glucose monitoring greater than 3 times

daily, unless directed to do so by the registered nurse.

"Nurse-trainer training program" means a standardized,

competency-based medication administration train-the-trainer

program provided by the Department of Human Services and

conducted by a Department of Human Services master

nurse-trainer for the purpose of training nurse-trainers to

train persons employed or under contract to provide direct

care or treatment to individuals receiving services to

administer medications and provide self-administration of

medication training to individuals under the supervision and

monitoring of the nurse-trainer. The program incorporates

adult learning styles, teaching strategies, classroom

management, and a curriculum overview, including the ethical

and legal aspects of supervising those administering

medications.

"Self-administration of medications" means an individual

administers his or her own medications. To be considered

capable to self-administer their own medication, individuals

must, at a minimum, be able to identify their medication by

size, shape, or color, know when they should take the

medication, and know the amount of medication to be taken each

time.

"Training program" means a standardized medication

administration training program approved by the Department of

Human Services and conducted by a registered professional

nurse for the purpose of training persons employed or under

contract to provide direct care or treatment to individuals

receiving services to administer medications and provide

self-administration of medication training to individuals

under the delegation and supervision of a nurse-trainer. The

program incorporates adult learning styles, teaching

strategies, classroom management, curriculum overview,

including ethical-legal aspects, and standardized

competency-based evaluations on administration of medications

and self-administration of medication training programs.

(c) Training and authorization of non-licensed direct care

staff by nurse-trainers must meet the requirements of this

subsection.

(1) Prior to training non-licensed direct care staff

to administer medication, the nurse-trainer shall perform

the following for each individual to whom medication will

be administered by non-licensed direct care staff:

(A) An assessment of the individual's health

history and physical and mental status.

(B) An evaluation of the medications prescribed.

(2) Non-licensed authorized direct care staff shall

meet the following criteria:

(A) Be 18 years of age or older.

(B) Have completed high school or have a State of

Illinois High School Diploma high school equivalency

certificate.

(C) Have demonstrated functional literacy.

(D) Have satisfactorily completed the Health and

Safety component of a Department of Human Services

authorized direct care staff training program.

(E) Have successfully completed the training

program, pass the written portion of the comprehensive

exam, and score 100% on the competency-based

assessment specific to the individual and his or her

medications.

(F) Have received additional competency-based

assessment by the nurse-trainer as deemed necessary by

the nurse-trainer whenever a change of medication

occurs or a new individual that requires medication

administration enters the program.

(3) Authorized direct care staff shall be re-evaluated

by a nurse-trainer at least annually or more frequently at

the discretion of the registered professional nurse. Any

necessary retraining shall be to the extent that is

necessary to ensure competency of the authorized direct

care staff to administer medication.

(4) Authorization of direct care staff to administer

medication shall be revoked if, in the opinion of the

registered professional nurse, the authorized direct care

staff is no longer competent to administer medication.

(5) The registered professional nurse shall assess an

individual's health status at least annually or more

frequently at the discretion of the registered

professional nurse.

(d) Medication self-administration shall meet the

following requirements:

(1) As part of the normalization process, in order for

each individual to attain the highest possible level of

independent functioning, all individuals shall be

permitted to participate in their total health care

program. This program shall include, but not be limited

to, individual training in preventive health and

self-medication procedures.

(A) Every program shall adopt written policies and

procedures for assisting individuals in obtaining

preventative health and self-medication skills in

consultation with a registered professional nurse,

advanced practice registered nurse, physician

assistant, or physician licensed to practice medicine

in all its branches.

(B) Individuals shall be evaluated to determine

their ability to self-medicate by the nurse-trainer

through the use of the Department's required,

standardized screening and assessment instruments.

(C) When the results of the screening and

assessment indicate an individual not to be capable to

self-administer his or her own medications, programs

shall be developed in consultation with the Community

Support Team or Interdisciplinary Team to provide

individuals with self-medication administration.

(2) Each individual shall be presumed to be competent

to self-administer medications if:

(A) authorized by an order of a physician licensed

to practice medicine in all its branches, an advanced

practice registered nurse, or a physician assistant;

and

(B) approved to self-administer medication by the

individual's Community Support Team or

Interdisciplinary Team, which includes a registered

professional nurse or an advanced practice registered

nurse.

(e) Quality Assurance.

(1) A registered professional nurse, advanced practice

registered nurse, licensed practical nurse, physician

licensed to practice medicine in all its branches,

physician assistant, or pharmacist shall review the

following for all individuals:

(A) Medication orders.

(B) Medication labels, including medications

listed on the medication administration record for

persons who are not self-medicating to ensure the

labels match the orders issued by the physician

licensed to practice medicine in all its branches,

advanced practice registered nurse, or physician

assistant.

(C) Medication administration records for persons

who are not self-medicating to ensure that the records

are completed appropriately for:

(i) medication administered as prescribed;

(ii) refusal by the individual; and

(iii) full signatures provided for all

initials used.

(2) Reviews shall occur at least quarterly, but may be

done more frequently at the discretion of the registered

professional nurse or advanced practice registered nurse.

(3) A quality assurance review of medication errors

and data collection for the purpose of monitoring and

recommending corrective action shall be conducted within 7

days and included in the required annual review.

(f) Programs using authorized direct care staff to

administer medications are responsible for documenting and

maintaining records on the training that is completed.

(g) The absence of this training program constitutes a

threat to the public interest, safety, and welfare and

necessitates emergency rulemaking by the Departments of Human

Services and Public Health under Section 5-45 of the Illinois

Administrative Procedure Act.

(h) Direct care staff who fail to qualify for delegated

authority to administer medications pursuant to the provisions

of this Section shall be given additional education and

testing to meet criteria for delegation authority to

administer medications. Any direct care staff person who fails

to qualify as an authorized direct care staff after initial

training and testing must within 3 months be given another

opportunity for retraining and retesting. A direct care staff

person who fails to meet criteria for delegated authority to

administer medication, including, but not limited to, failure

of the written test on 2 occasions shall be given

consideration for shift transfer or reassignment, if possible.

No employee shall be terminated for failure to qualify during

the 3-month time period following initial testing. Refusal to

complete training and testing required by this Section may be

grounds for immediate dismissal.

(i) No authorized direct care staff person delegated to

administer medication shall be subject to suspension or

discharge for errors resulting from the staff person's acts or

omissions when performing the functions unless the staff

person's actions or omissions constitute willful and wanton

conduct. Nothing in this subsection is intended to supersede

paragraph (4) of subsection (c).

(j) A registered professional nurse, advanced practice

registered nurse, physician licensed to practice medicine in

all its branches, or physician assistant shall be on duty or on

call at all times in any program covered by this Section.

(k) The employer shall be responsible for maintaining

liability insurance for any program covered by this Section.

(l) Any direct care staff person who qualifies as

authorized direct care staff pursuant to this Section shall be

granted consideration for a one-time additional salary

differential. The Department shall determine and provide the

necessary funding for the differential in the base. This

subsection (l) is inoperative on and after June 30, 2000.

(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15;

99-581, eff. 1-1-17; 100-50, eff. 1-1-18; 100-513, eff.

1-1-18; 100-863, eff. 8-14-18.)

Section 20. The School Code is amended by changing

Sections 3-15.12, 13-40, and 26-2 as follows:

(105 ILCS 5/3-15.12) (from Ch. 122, par. 3-15.12)

Sec. 3-15.12. High school equivalency. The regional

superintendent of schools and the Illinois Community College

Board shall make available for qualified individuals residing

within the region a High School Equivalency Testing Program

and alternative methods of credentialing, as identified under

this Section. For that purpose the regional superintendent

alone or with other regional superintendents may establish and

supervise a testing center or centers to administer the secure

forms for high school equivalency testing to qualified

persons. Such centers shall be under the supervision of the

regional superintendent in whose region such centers are

located, subject to the approval of the Executive Director of

the Illinois Community College Board. The Illinois Community

College Board shall also establish criteria and make available

alternative methods of credentialing throughout the State.

An individual is eligible to apply to the regional

superintendent of schools for the region in which he or she

resides if he or she is: (a) a person who is 17 years of age or

older, has maintained residence in the State of Illinois, and

is not a high school graduate; (b) a person who is successfully

completing an alternative education program under Section

2-3.81, Article 13A, or Article 13B; or (c) a person who is

enrolled in a youth education program sponsored by the

Illinois National Guard. For purposes of this Section,

residence is that abode which the applicant considers his or

her home. Applicants may provide as sufficient proof of such

residence and as an acceptable form of identification a

driver's license, valid passport, military ID, or other form

of government-issued national or foreign identification that

shows the applicant's name, address, date of birth, signature,

and photograph or other acceptable identification as may be

allowed by law or as regulated by the Illinois Community

College Board. Such regional superintendent shall determine if

the applicant meets statutory and regulatory state standards.

If qualified the applicant shall at the time of such

application pay a fee established by the Illinois Community

College Board, which fee shall be paid into a special fund

under the control and supervision of the regional

superintendent. Such moneys received by the regional

superintendent shall be used, first, for the expenses incurred

in administering and scoring the examination, and next for

other educational programs that are developed and designed by

the regional superintendent of schools to assist those who

successfully complete high school equivalency testing or meet

the criteria for alternative methods of credentialing in

furthering their academic development or their ability to

secure and retain gainful employment, including programs for

the competitive award based on test scores of college or adult

education scholarship grants or similar educational

incentives. Any excess moneys shall be paid into the institute

fund.

Any applicant who has achieved the minimum passing

standards as established by the Illinois Community College

Board shall be notified in writing by the regional

superintendent and shall be issued a State of Illinois High

School Diploma high school equivalency certificate on the

forms provided by the Illinois Community College Board. The

regional superintendent shall then certify to the Illinois

Community College Board the score of the applicant and such

other and additional information that may be required by the

Illinois Community College Board. The moneys received

therefrom shall be used in the same manner as provided for in

this Section.

The Illinois Community College Board shall establish

alternative methods of credentialing for the issuance of a

State of Illinois High School Diploma high school equivalency

certification. In addition to high school equivalency testing,

the following alternative methods of receiving a State of

Illinois High School Diploma high school equivalency

credential shall be made available to qualified individuals on

or after January 1, 2018:

(A) High School Equivalency based on High School

Credit. A qualified candidate may petition to have his or

her high school transcripts evaluated to determine what

the candidate needs to meet criteria as established by the

Illinois Community College Board.

(B) High School Equivalency based on Post-Secondary

Credit. A qualified candidate may petition to have his or

her post-secondary transcripts evaluated to determine what

the candidate needs to meet criteria established by the

Illinois Community College Board.

(C) High School Equivalency based on a Foreign

Diploma. A qualified candidate may petition to have his or

her foreign high school or post-secondary transcripts

evaluated to determine what the candidate needs to meet

criteria established by the Illinois Community College

Board.

(D) High School Equivalency based on Completion of a

Competency-Based Program as approved by the Illinois

Community College Board. The Illinois Community College

Board shall establish guidelines for competency-based high

school equivalency programs.

Any applicant who has attained the age of 17 years and

maintained residence in the State of Illinois and is not a high

school graduate, any person who has enrolled in a youth

education program sponsored by the Illinois National Guard, or

any person who has successfully completed an alternative

education program under Section 2-3.81, Article 13A, or

Article 13B is eligible to apply for a State of Illinois High

School Diploma high school equivalency certificate (if he or

she meets the requirements prescribed by the Illinois

Community College Board) upon showing evidence that he or she

has completed, successfully, high school equivalency testing,

administered by the United States Armed Forces Institute,

official high school equivalency testing centers established

in other states, Veterans' Administration Hospitals, or the

office of the State Superintendent of Education for the

Illinois State Penitentiary System and the Department of

Corrections. Such applicant shall apply to the regional

superintendent of the region wherein he or she has maintained

residence, and, upon payment of a fee established by the

Illinois Community College Board, the regional superintendent

shall issue a State of Illinois High School Diploma high

school equivalency certificate and immediately thereafter

certify to the Illinois Community College Board the score of

the applicant and such other and additional information as may

be required by the Illinois Community College Board.

Notwithstanding the provisions of this Section, any

applicant who has been out of school for at least one year may

request the regional superintendent of schools to administer

restricted high school equivalency testing upon written

request of: the director of a program who certifies to the

Chief Examiner of an official high school equivalency testing

center that the applicant has completed a program of

instruction provided by such agencies as the Job Corps, the

Postal Service Academy, or an apprenticeship training program;

an employer or program director for purposes of entry into

apprenticeship programs; another state's department of

education in order to meet regulations established by that

department of education; or a post high school educational

institution for purposes of admission, the Department of

Financial and Professional Regulation for licensing purposes,

or the Armed Forces for induction purposes. The regional

superintendent shall administer such testing, and the

applicant shall be notified in writing that he or she is

eligible to receive a State of Illinois High School Diploma

high school equivalency certificate upon reaching age 17,

provided he or she meets the standards established by the

Illinois Community College Board.

Any test administered under this Section to an applicant

who does not speak and understand English may at the

discretion of the administering agency be given and answered

in any language in which the test is printed. The regional

superintendent of schools may waive any fees required by this

Section in case of hardship. The regional superintendent of

schools and the Illinois Community College Board shall waive

any fees required by this Section for an applicant who meets

all of the following criteria:

(1) The applicant qualifies as a homeless person,

child, or youth as defined in the Education for Homeless

Children Act.

(2) The applicant has not attained 25 years of age as

of the date of the scheduled test.

(3) The applicant can verify his or her status as a

homeless person, child, or youth. A homeless services

provider that is qualified to verify an individual's

housing status, as determined by the Illinois Community

College Board, and that has knowledge of the applicant's

housing status may verify the applicant's status for

purposes of this subdivision (3).

(4) The applicant has completed a high school

equivalency preparation course through an Illinois

Community College Board-approved provider.

(5) The applicant is taking the test at a testing

center operated by a regional superintendent of schools or

the Cook County High School Equivalency Office.

In counties of over 3,000,000 population, a State of

Illinois High School Diploma high school equivalency

certificate shall contain the signatures of the Executive

Director of the Illinois Community College Board and the

superintendent, president, or other chief executive officer of

the institution where high school equivalency testing

instruction occurred and any other signatures authorized by

the Illinois Community College Board.

The regional superintendent of schools shall furnish the

Illinois Community College Board with any information that the

Illinois Community College Board requests with regard to

testing and diplomas certificates under this Section.

A State of Illinois High School Diploma is a recognized

high school equivalency certificate for purposes of

reciprocity with other states. A high school equivalency

certificate from another state is equivalent to a State of

Illinois High School Diploma.

(Source: P.A. 99-78, eff. 7-20-15; 99-742, eff. 1-1-17;

100-130, eff. 1-1-18.)

(105 ILCS 5/13-40) (from Ch. 122, par. 13-40)

Sec. 13-40. To increase the effectiveness of the

Department of Juvenile Justice and thereby to better serve the

interests of the people of Illinois the following bill is

presented.

Its purpose is to enhance the quality and scope of

education for inmates and wards within the Department of

Juvenile Justice so that they will be better motivated and

better equipped to restore themselves to constructive and law

abiding lives in the community. The specific measure sought is

the creation of a school district within the Department so

that its educational programs can meet the needs of persons

committed and so the resources of public education at the

state and federal levels are best used, all of the same being

contemplated within the provisions of the Illinois State

Constitution of 1970 which provides that "A fundamental goal

of the People of the State is the educational development of

all persons to the limits of their capacities." Therefore, on

July 1, 2006, the Department of Corrections school district

shall be transferred to the Department of Juvenile Justice. It

shall be responsible for the education of youth within the

Department of Juvenile Justice and inmates age 21 or under

within the Department of Corrections who have not yet earned a

high school diploma or a State of Illinois High School Diploma

high school equivalency certificate, and the district may

establish primary, secondary, vocational, adult, special, and

advanced educational schools as provided in this Act. The

Department of Corrections retains authority as provided for in

subsection (d) of Section 3-6-2 of the Unified Code of

Corrections. The Board of Education for this district shall

with the aid and advice of professional educational personnel

of the Department of Juvenile Justice and the State Board of

Education determine the needs and type of schools and the

curriculum for each school within the school district and may

proceed to establish the same through existing means within

present and future appropriations, federal and state school

funds, vocational rehabilitation grants and funds and all

other funds, gifts and grants, private or public, including

federal funds, but not exclusive to the said sources but

inclusive of all funds which might be available for school

purposes.

(Source: P.A. 98-718, eff. 1-1-15.)

(105 ILCS 5/26-2) (from Ch. 122, par. 26-2)

Sec. 26-2. Enrolled pupils not of compulsory school age.

(a) For school years before the 2014-2015 school year, any

person having custody or control of a child who is below the

age of 7 years or is 17 years of age or above and who is

enrolled in any of grades kindergarten through 12 in the

public school shall cause him to attend the public school in

the district wherein he resides when it is in session during

the regular school term, unless he is excused under paragraph

2, 3, 4, 5, or 6 of Section 26-1. Beginning with the 2014-2015

school year, any person having custody or control of a child

who is below the age of 6 years or is 17 years of age or above

and who is enrolled in any of grades kindergarten through 12 in

the public school shall cause the child to attend the public

school in the district wherein he or she resides when it is in

session during the regular school term, unless the child is

excused under paragraph 2, 3, 4, 5, or 6 of Section 26-1 of

this Code.

(b) A school district shall deny reenrollment in its

secondary schools to any child 19 years of age or above who has

dropped out of school and who could not, because of age and

lack of credits, attend classes during the normal school year

and graduate before his or her twenty-first birthday. A

district may, however, enroll the child in a graduation

incentives program under Section 26-16 of this Code or an

alternative learning opportunities program established under

Article 13B. No child shall be denied reenrollment for the

above reasons unless the school district first offers the

child due process as required in cases of expulsion under

Section 10-22.6. If a child is denied reenrollment after being

provided with due process, the school district must provide

counseling to that child and must direct that child to

alternative educational programs, including adult education

programs, that lead to graduation or receipt of a State of

Illinois High School Diploma high school equivalency

certificate.

(c) A school or school district may deny enrollment to a

student 17 years of age or older for one semester for failure

to meet minimum attendance standards if all of the following

conditions are met:

(1) The student was absent without valid cause for 20%

or more of the attendance days in the semester immediately

prior to the current semester.

(2) The student and the student's parent or guardian

are given written notice warning that the student is

subject to denial from enrollment for one semester unless

the student is absent without valid cause less than 20% of

the attendance days in the current semester.

(3) The student's parent or guardian is provided with

the right to appeal the notice, as determined by the State

Board of Education in accordance with due process.

(4) The student is provided with attendance

remediation services, including without limitation

assessment, counseling, and support services.

(5) The student is absent without valid cause for 20%

or more of the attendance days in the current semester.

A school or school district may not deny enrollment to a

student (or reenrollment to a dropout) who is at least 17 years

of age or older but below 19 years for more than one

consecutive semester for failure to meet attendance standards.

(d) No child may be denied reenrollment under this Section

in violation of the federal Individuals with Disabilities

Education Act or the Americans with Disabilities Act.

(e) In this subsection (e), "reenrolled student" means a

dropout who has reenrolled full-time in a public school. Each

school district shall identify, track, and report on the

educational progress and outcomes of reenrolled students as a

subset of the district's required reporting on all

enrollments. A reenrolled student who again drops out must not

be counted again against a district's dropout rate performance

measure. The State Board of Education shall set performance

standards for programs serving reenrolled students.

(f) The State Board of Education shall adopt any rules

necessary to implement the changes to this Section made by

Public Act 93-803.

(Source: P.A. 100-825, eff. 8-13-18.)

Section 25. The Public University Uniform Admission Pilot

Program Act is amended by changing Section 25 as follows:

(110 ILCS 118/25)

(Section scheduled to be repealed on July 1, 2027)

Sec. 25. Graduates of nonaccredited private schools.

(a) As used in this Section, "nonaccredited secondary

education" means a course of study at the secondary school

level in a nonaccredited private school setting.

(b) Because the State of Illinois considers successful

completion of a nonaccredited secondary education to be

equivalent to graduation from a public high school, an

institution, in complying with this Act and for all other

purposes, must treat an applicant for admission to the

institution as an undergraduate student who presents evidence

that he or she has successfully completed a nonaccredited

secondary education according to the same general standards,

including specific standardized testing score requirements, as

other applicants for undergraduate admission who have

graduated from a public high school.

(c) An institution may not require an applicant for

admission to the institution as an undergraduate student who

presents evidence that he or she has successfully completed a

nonaccredited secondary education to:

(1) obtain or submit evidence that the person has

obtained a general educational development certificate,

State of Illinois High School Diploma certificate of high

school equivalency, or other credentials equivalent to a

public high school degree; or

(2) take an examination or comply with any other

application or admission requirement not generally

applicable to other applicants for undergraduate admission

to the institution.

(d) In complying with this Act or otherwise, when an

institution in its undergraduate admission review process

sorts or is required to sort applicants by high school

graduating class rank, the institution shall place any

applicant who presents evidence that the applicant has

successfully completed a nonaccredited secondary education

that does not include a high school graduating class ranking

at the average high school graduating class rank of

undergraduate applicants to the institution who have

equivalent standardized testing scores as the applicant.

(e) Notwithstanding any other provision of this Act, with

respect to admission into the institution or any program

within the institution, with respect to scholarship programs,

and with respect to other terms and conditions, and in

complying with this Act, an institution may not treat an

applicant who has successfully completed a nonaccredited

secondary education that does not include a high school

graduating class ranking differently than an applicant who

graduated from an accredited public school.

(Source: P.A. 101-448, eff. 1-1-20.)

Section 30. The Public Community College Act is amended by

changing Section 2-22 as follows:

(110 ILCS 805/2-22)

Sec. 2-22. High school equivalency testing certificates.

On the effective date of this amendatory Act of the 94th

General Assembly, all powers and duties of the State Board of

Education and State Superintendent of Education with regard to

high school equivalency testing certificates under the School

Code shall be transferred to the Illinois Community College

Board. Within a reasonable period of time after that date, all

assets, liabilities, contracts, property, records, pending

business, and unexpended appropriations of the State Board of

Education with regard to high school equivalency testing

certificates shall be transferred to the Illinois Community

College Board. The Illinois Community College Board may adopt

any rules necessary to carry out its responsibilities under

the School Code with regard to high school equivalency testing

certificates and to carry into efficient and uniform effect

the provisions for the issuance of State of Illinois High

School Diplomas high school equivalency certificates in this

State. All rules, standards, and procedures adopted by the

State Board of Education under the School Code with regard to

high school equivalency testing certificates shall continue in

effect as the rules, standards, and procedures of the Illinois

Community College Board, until they are modified by the

Illinois Community College Board.

(Source: P.A. 94-108, eff. 7-1-05.)

Section 35. The Higher Education Student Assistance Act is

amended by changing Sections 50, 52, and 62 as follows:

(110 ILCS 947/50)

Sec. 50. Minority Teachers of Illinois scholarship

program.

(a) As used in this Section:

"Eligible applicant" means a minority student who has

graduated from high school or has received a State of

Illinois High School Diploma high school equivalency

certificate and has maintained a cumulative grade point

average of no less than 2.5 on a 4.0 scale, and who by

reason thereof is entitled to apply for scholarships to be

awarded under this Section.

"Minority student" means a student who is any of the

following:

(1) American Indian or Alaska Native (a person

having origins in any of the original peoples of North

and South America, including Central America, and who

maintains tribal affiliation or community attachment).

(2) Asian (a person having origins in any of the

original peoples of the Far East, Southeast Asia, or

the Indian subcontinent, including, but not limited

to, Cambodia, China, India, Japan, Korea, Malaysia,

Pakistan, the Philippine Islands, Thailand, and

Vietnam).

(3) Black or African American (a person having

origins in any of the black racial groups of Africa).

(4) Hispanic or Latino (a person of Cuban,

Mexican, Puerto Rican, South or Central American, or

other Spanish culture or origin, regardless of race).

(5) Native Hawaiian or Other Pacific Islander (a

person having origins in any of the original peoples

of Hawaii, Guam, Samoa, or other Pacific Islands).

"Qualified bilingual minority applicant" means a

qualified student who demonstrates proficiency in a

language other than English by (i) receiving a State Seal

of Biliteracy from the State Board of Education or (ii)

receiving a passing score on an educator licensure target

language proficiency test.

"Qualified student" means a person (i) who is a

resident of this State and a citizen or permanent resident

of the United States; (ii) who is a minority student, as

defined in this Section; (iii) who, as an eligible

applicant, has made a timely application for a minority

teaching scholarship under this Section; (iv) who is

enrolled on at least a half-time basis at a qualified

Illinois institution of higher learning; (v) who is

enrolled in a course of study leading to teacher

licensure, including alternative teacher licensure, or, if

the student is already licensed to teach, in a course of

study leading to an additional teaching endorsement or a

master's degree in an academic field in which he or she is

teaching or plans to teach or who has received one or more

College and Career Pathway Endorsements pursuant to

Section 80 of the Postsecondary and Workforce Readiness

Act and commits to enrolling in a course of study leading

to teacher licensure, including alternative teacher

licensure; (vi) who maintains a grade point average of no

less than 2.5 on a 4.0 scale; and (vii) who continues to

advance satisfactorily toward the attainment of a degree.

(b) In order to encourage academically talented Illinois

minority students to pursue teaching careers at the preschool

or elementary or secondary school level and to address and

alleviate the teacher shortage crisis in this State described

under the provisions of the Transitions in Education Act, each

qualified student shall be awarded a minority teacher

scholarship to any qualified Illinois institution of higher

learning. However, preference may be given to qualified

applicants enrolled at or above the junior level.

(c) Each minority teacher scholarship awarded under this

Section shall be in an amount sufficient to pay the tuition and

fees and room and board costs of the qualified Illinois

institution of higher learning at which the recipient is

enrolled, up to an annual maximum of $5,000; except that in the

case of a recipient who does not reside on-campus at the

institution at which he or she is enrolled, the amount of the

scholarship shall be sufficient to pay tuition and fee

expenses and a commuter allowance, up to an annual maximum of

$5,000. However, if at least $2,850,000 is appropriated in a

given fiscal year for the Minority Teachers of Illinois

scholarship program, then, in each fiscal year thereafter,

each scholarship awarded under this Section shall be in an

amount sufficient to pay the tuition and fees and room and

board costs of the qualified Illinois institution of higher

learning at which the recipient is enrolled, up to an annual

maximum of $7,500; except that in the case of a recipient who

does not reside on-campus at the institution at which he or she

is enrolled, the amount of the scholarship shall be sufficient

to pay tuition and fee expenses and a commuter allowance, up to

an annual maximum of $7,500.

(d) The total amount of minority teacher scholarship

assistance awarded by the Commission under this Section to an

individual in any given fiscal year, when added to other

financial assistance awarded to that individual for that year,

shall not exceed the cost of attendance at the institution at

which the student is enrolled. If the amount of minority

teacher scholarship to be awarded to a qualified student as

provided in subsection (c) of this Section exceeds the cost of

attendance at the institution at which the student is

enrolled, the minority teacher scholarship shall be reduced by

an amount equal to the amount by which the combined financial

assistance available to the student exceeds the cost of

attendance.

(e) The maximum number of academic terms for which a

qualified student can receive minority teacher scholarship

assistance shall be 8 semesters or 12 quarters.

(f) In any academic year for which an eligible applicant

under this Section accepts financial assistance through the

Paul Douglas Teacher Scholarship Program, as authorized by

Section 551 et seq. of the Higher Education Act of 1965, the

applicant shall not be eligible for scholarship assistance

awarded under this Section.

(g) All applications for minority teacher scholarships to

be awarded under this Section shall be made to the Commission

on forms which the Commission shall provide for eligible

applicants. The form of applications and the information

required to be set forth therein shall be determined by the

Commission, and the Commission shall require eligible

applicants to submit with their applications such supporting

documents or recommendations as the Commission deems

necessary.

(h) Subject to a separate appropriation for such purposes,

payment of any minority teacher scholarship awarded under this

Section shall be determined by the Commission. All scholarship

funds distributed in accordance with this subsection shall be

paid to the institution and used only for payment of the

tuition and fee and room and board expenses incurred by the

student in connection with his or her attendance at a

qualified Illinois institution of higher learning. Any

minority teacher scholarship awarded under this Section shall

be applicable to 2 semesters or 3 quarters of enrollment. If a

qualified student withdraws from enrollment prior to

completion of the first semester or quarter for which the

minority teacher scholarship is applicable, the school shall

refund to the Commission the full amount of the minority

teacher scholarship.

(i) The Commission shall administer the minority teacher

scholarship aid program established by this Section and shall

make all necessary and proper rules not inconsistent with this

Section for its effective implementation.

(j) When an appropriation to the Commission for a given

fiscal year is insufficient to provide scholarships to all

qualified students, the Commission shall allocate the

appropriation in accordance with this subsection. If funds are

insufficient to provide all qualified students with a

scholarship as authorized by this Section, the Commission

shall allocate the available scholarship funds for that fiscal

year to qualified students who submit a complete application

form on or before a date specified by the Commission based on

the following order of priority:

(1) To students who received a scholarship under this

Section in the prior academic year and who remain eligible

for a minority teacher scholarship under this Section.

(2) Except as otherwise provided in subsection (k), to

students who demonstrate financial need, as determined by

the Commission.

(k) Notwithstanding paragraph (2) of subsection (j), at

least 35% of the funds appropriated for scholarships awarded

under this Section in each fiscal year shall be reserved for

qualified male minority applicants, with priority being given

to qualified Black male applicants beginning with fiscal year

2023. If the Commission does not receive enough applications

from qualified male minorities on or before January 1 of each

fiscal year to award 35% of the funds appropriated for these

scholarships to qualified male minority applicants, then the

Commission may award a portion of the reserved funds to

qualified female minority applicants in accordance with

subsection (j).

Beginning with fiscal year 2023, if at least $2,850,000

but less than $4,200,000 is appropriated in a given fiscal

year for scholarships awarded under this Section, then at

least 10% of the funds appropriated shall be reserved for

qualified bilingual minority applicants, with priority being

given to qualified bilingual minority applicants who are

enrolled in an educator preparation program with a

concentration in bilingual, bicultural education. Beginning

with fiscal year 2023, if at least $4,200,000 is appropriated

in a given fiscal year for the Minority Teachers of Illinois

scholarship program, then at least 30% of the funds

appropriated shall be reserved for qualified bilingual

minority applicants, with priority being given to qualified

bilingual minority applicants who are enrolled in an educator

preparation program with a concentration in bilingual,

bicultural education. Beginning with fiscal year 2023, if at

least $2,850,000 is appropriated in a given fiscal year for

scholarships awarded under this Section but the Commission

does not receive enough applications from qualified bilingual

minority applicants on or before January 1 of that fiscal year

to award at least 10% of the funds appropriated to qualified

bilingual minority applicants, then the Commission may, in its

discretion, award a portion of the reserved funds to other

qualified students in accordance with subsection (j).

(l) Prior to receiving scholarship assistance for any

academic year, each recipient of a minority teacher

scholarship awarded under this Section shall be required by

the Commission to sign an agreement under which the recipient

pledges that, within the one-year period following the

termination of the program for which the recipient was awarded

a minority teacher scholarship, the recipient (i) shall begin

teaching for a period of not less than one year for each year

of scholarship assistance he or she was awarded under this

Section; (ii) shall fulfill this teaching obligation at a

nonprofit Illinois public, private, or parochial preschool,

elementary school, or secondary school at which no less than

30% of the enrolled students are minority students in the year

during which the recipient begins teaching at the school or

may instead, if the recipient received a scholarship as a

qualified bilingual minority applicant, fulfill this teaching

obligation in a program in transitional bilingual education

pursuant to Article 14C of the School Code or in a school in

which 20 or more English learner students in the same language

classification are enrolled; and (iii) shall, upon request by

the Commission, provide the Commission with evidence that he

or she is fulfilling or has fulfilled the terms of the teaching

agreement provided for in this subsection.

(m) If a recipient of a minority teacher scholarship

awarded under this Section fails to fulfill the teaching

obligation set forth in subsection (l) of this Section, the

Commission shall require the recipient to repay the amount of

the scholarships received, prorated according to the fraction

of the teaching obligation not completed, at a rate of

interest equal to 5%, and, if applicable, reasonable

collection fees. The Commission is authorized to establish

rules relating to its collection activities for repayment of

scholarships under this Section. All repayments collected

under this Section shall be forwarded to the State Comptroller

for deposit into the State's General Revenue Fund.

(n) A recipient of minority teacher scholarship shall not

be considered in violation of the agreement entered into

pursuant to subsection (l) if the recipient (i) enrolls on a

full time basis as a graduate student in a course of study

related to the field of teaching at a qualified Illinois

institution of higher learning; (ii) is serving, not in excess

of 3 years, as a member of the armed services of the United

States; (iii) is a person with a temporary total disability

for a period of time not to exceed 3 years as established by

sworn affidavit of a qualified physician; (iv) is seeking and

unable to find full time employment as a teacher at an Illinois

public, private, or parochial preschool or elementary or

secondary school that satisfies the criteria set forth in

subsection (l) of this Section and is able to provide evidence

of that fact; (v) becomes a person with a permanent total

disability as established by sworn affidavit of a qualified

physician; (vi) is taking additional courses, on at least a

half-time basis, needed to obtain licensure as a teacher in

Illinois; or (vii) is fulfilling teaching requirements

associated with other programs administered by the Commission

and cannot concurrently fulfill them under this Section in a

period of time equal to the length of the teaching obligation.

(o) Scholarship recipients under this Section who withdraw

from a program of teacher education but remain enrolled in

school to continue their postsecondary studies in another

academic discipline shall not be required to commence

repayment of their Minority Teachers of Illinois scholarship

so long as they remain enrolled in school on a full-time basis

or if they can document for the Commission special

circumstances that warrant extension of repayment.

(p) If the Minority Teachers of Illinois scholarship

program does not expend at least 90% of the amount

appropriated for the program in a given fiscal year for 3

consecutive fiscal years and the Commission does not receive

enough applications from the groups identified in subsection

(k) on or before January 1 in each of those fiscal years to

meet the percentage reserved for those groups under subsection

(k), then up to 3% of amount appropriated for the program for

each of next 3 fiscal years shall be allocated to increasing

awareness of the program and for the recruitment of Black male

applicants. The Commission shall make a recommendation to the

General Assembly by January 1 of the year immediately

following the end of that third fiscal year regarding whether

the amount allocated to increasing awareness and recruitment

should continue.

(q) Each qualified Illinois institution of higher learning

that receives funds from the Minority Teachers of Illinois

scholarship program shall host an annual information session

at the institution about the program for teacher candidates of

color in accordance with rules adopted by the Commission.

Additionally, the institution shall ensure that each

scholarship recipient enrolled at the institution meets with

an academic advisor at least once per academic year to

facilitate on-time completion of the recipient's educator

preparation program.

(r) The changes made to this Section by Public Act 101-654

this amendatory Act of the 101st General Assembly will first

take effect with awards made for the 2022-2023 academic year.

(Source: P.A. 101-654, eff. 3-8-21; 102-465, eff. 1-1-22;

revised 9-28-21.)

(110 ILCS 947/52)

Sec. 52. Golden Apple Scholars of Illinois Program; Golden

Apple Foundation for Excellence in Teaching.

(a) In this Section, "Foundation" means the Golden Apple

Foundation for Excellence in Teaching, a registered 501(c)(3)

not-for-profit corporation.

(a-2) In order to encourage academically talented Illinois

students, especially minority students, to pursue teaching

careers, especially in teacher shortage disciplines (which

shall be defined to include early childhood education) or at

hard-to-staff schools (as defined by the Commission in

consultation with the State Board of Education), to provide

those students with the crucial mentoring, guidance, and

in-service support that will significantly increase the

likelihood that they will complete their full teaching

commitments and elect to continue teaching in targeted

disciplines and hard-to-staff schools, and to ensure that

students in this State will continue to have access to a pool

of highly-qualified teachers, each qualified student shall be

awarded a Golden Apple Scholars of Illinois Program

scholarship to any Illinois institution of higher learning.

The Commission shall administer the Golden Apple Scholars of

Illinois Program, which shall be managed by the Foundation

pursuant to the terms of a grant agreement meeting the

requirements of Section 4 of the Illinois Grant Funds Recovery

Act.

(a-3) For purposes of this Section, a qualified student

shall be a student who meets the following qualifications:

(1) is a resident of this State and a citizen or

eligible noncitizen of the United States;

(2) is a high school graduate or a person who has

received a State of Illinois High School Diploma high

school equivalency certificate;

(3) is enrolled or accepted, on at least a half-time

basis, at an institution of higher learning;

(4) is pursuing a postsecondary course of study

leading to initial certification or pursuing additional

course work needed to gain State Board of Education

approval to teach, including alternative teacher

licensure; and

(5) is a participant in programs managed by and is

approved to receive a scholarship from the Foundation.

(a-5) (Blank).

(b) (Blank).

(b-5) Funds designated for the Golden Apple Scholars of

Illinois Program shall be used by the Commission for the

payment of scholarship assistance under this Section or for

the award of grant funds, subject to the Illinois Grant Funds

Recovery Act, to the Foundation. Subject to appropriation,

awards of grant funds to the Foundation shall be made on an

annual basis and following an application for grant funds by

the Foundation.

(b-10) Each year, the Foundation shall include in its

application to the Commission for grant funds an estimate of

the amount of scholarship assistance to be provided to

qualified students during the grant period. Any amount of

appropriated funds exceeding the estimated amount of

scholarship assistance may be awarded by the Commission to the

Foundation for management expenses expected to be incurred by

the Foundation in providing the mentoring, guidance, and

in-service supports that will increase the likelihood that

qualified students will complete their teaching commitments

and elect to continue teaching in hard-to-staff schools. If

the estimate of the amount of scholarship assistance described

in the Foundation's application is less than the actual amount

required for the award of scholarship assistance to qualified

students, the Foundation shall be responsible for using

awarded grant funds to ensure all qualified students receive

scholarship assistance under this Section.

(b-15) All grant funds not expended or legally obligated

within the time specified in a grant agreement between the

Foundation and the Commission shall be returned to the

Commission within 45 days. Any funds legally obligated by the

end of a grant agreement shall be liquidated within 45 days or

otherwise returned to the Commission within 90 days after the

end of the grant agreement that resulted in the award of grant

funds.

(c) Each scholarship awarded under this Section shall be

in an amount sufficient to pay the tuition and fees and room

and board costs of the Illinois institution of higher learning

at which the recipient is enrolled, up to an annual maximum of

$5,000; except that in the case of a recipient who does not

reside on-campus at the institution of higher learning at

which he or she is enrolled, the amount of the scholarship

shall be sufficient to pay tuition and fee expenses and a

commuter allowance, up to an annual maximum of $5,000. All

scholarship funds distributed in accordance with this Section

shall be paid to the institution on behalf of recipients.

(d) The total amount of scholarship assistance awarded by

the Commission under this Section to an individual in any

given fiscal year, when added to other financial assistance

awarded to that individual for that year, shall not exceed the

cost of attendance at the institution of higher learning at

which the student is enrolled. In any academic year for which a

qualified student under this Section accepts financial

assistance through any other teacher scholarship program

administered by the Commission, a qualified student shall not

be eligible for scholarship assistance awarded under this

Section.

(e) A recipient may receive up to 8 semesters or 12

quarters of scholarship assistance under this Section.

Scholarship funds are applicable toward 2 semesters or 3

quarters of enrollment each academic year.

(f) All applications for scholarship assistance to be

awarded under this Section shall be made to the Foundation in a

form determined by the Foundation. Each year, the Foundation

shall notify the Commission of the individuals awarded

scholarship assistance under this Section. Each year, at least

30% of the Golden Apple Scholars of Illinois Program

scholarships shall be awarded to students residing in counties

having a population of less than 500,000.

(g) (Blank).

(h) The Commission shall administer the payment of

scholarship assistance provided through the Golden Apple

Scholars of Illinois Program and shall make all necessary and

proper rules not inconsistent with this Section for the

effective implementation of this Section.

(i) Prior to receiving scholarship assistance for any

academic year, each recipient of a scholarship awarded under

this Section shall be required by the Foundation to sign an

agreement under which the recipient pledges that, within the

2-year period following the termination of the academic

program for which the recipient was awarded a scholarship, the

recipient: (i) shall begin teaching for a period of not less

than 5 years, (ii) shall fulfill this teaching obligation at a

nonprofit Illinois public, private, or parochial preschool or

an Illinois public elementary or secondary school that

qualifies for teacher loan cancellation under Section

465(a)(2)(A) of the federal Higher Education Act of 1965 (20

U.S.C. 1087ee(a)(2)(A)) or other Illinois schools deemed

eligible for fulfilling the teaching commitment as designated

by the Foundation, and (iii) shall, upon request of the

Foundation, provide the Foundation with evidence that he or

she is fulfilling or has fulfilled the terms of the teaching

agreement provided for in this subsection. Upon request, the

Foundation shall provide evidence of teacher fulfillment to

the Commission.

(j) If a recipient of a scholarship awarded under this

Section fails to fulfill the teaching obligation set forth in

subsection (i) of this Section, the Commission shall require

the recipient to repay the amount of the scholarships

received, prorated according to the fraction of the teaching

obligation not completed, plus interest at a rate of 5% and if

applicable, reasonable collection fees. Payments received by

the Commission under this subsection (j) shall be remitted to

the State Comptroller for deposit into the General Revenue

Fund, except that that portion of a recipient's repayment that

equals the amount in expenses that the Commission has

reasonably incurred in attempting collection from that

recipient shall be remitted to the State Comptroller for

deposit into the Commission's Accounts Receivable Fund.

(k) A recipient of a scholarship awarded by the Foundation

under this Section shall not be considered to have failed to

fulfill the teaching obligations of the agreement entered into

pursuant to subsection (i) if the recipient (i) enrolls on a

full-time basis as a graduate student in a course of study

related to the field of teaching at an institution of higher

learning; (ii) is serving as a member of the armed services of

the United States; (iii) is a person with a temporary total

disability, as established by sworn affidavit of a qualified

physician; (iv) is seeking and unable to find full-time

employment as a teacher at a school that satisfies the

criteria set forth in subsection (i) and is able to provide

evidence of that fact; (v) is taking additional courses, on at

least a half-time basis, needed to obtain certification as a

teacher in Illinois; (vi) is fulfilling teaching requirements

associated with other programs administered by the Commission

and cannot concurrently fulfill them under this Section in a

period of time equal to the length of the teaching obligation;

or (vii) is participating in a program established under

Executive Order 10924 of the President of the United States or

the federal National Community Service Act of 1990 (42 U.S.C.

12501 et seq.). Any such extension of the period during which

the teaching requirement must be fulfilled shall be subject to

limitations of duration as established by the Commission.

(l) A recipient who fails to fulfill the teaching

obligations of the agreement entered into pursuant to

subsection (i) of this Section shall repay the amount of

scholarship assistance awarded to them under this Section

within 10 years.

(m) Annually, at a time determined by the Commission in

consultation with the Foundation, the Foundation shall submit

a report to assist the Commission in monitoring the

Foundation's performance of grant activities. The report shall

describe the following:

(1) the Foundation's anticipated expenditures for the

next fiscal year;

(2) the number of qualified students receiving

scholarship assistance at each institution of higher

learning where a qualified student was enrolled under this

Section during the previous fiscal year;

(3) the total monetary value of scholarship funds paid

to each institution of higher learning at which a

qualified student was enrolled during the previous fiscal

year;

(4) the number of scholarship recipients who completed

a baccalaureate degree during the previous fiscal year;

(5) the number of scholarship recipients who fulfilled

their teaching obligation during the previous fiscal year;

(6) the number of scholarship recipients who failed to

fulfill their teaching obligation during the previous

fiscal year;

(7) the number of scholarship recipients granted an

extension described in subsection (k) of this Section

during the previous fiscal year;

(8) the number of scholarship recipients required to

repay scholarship assistance in accordance with subsection

(j) of this Section during the previous fiscal year;

(9) the number of scholarship recipients who

successfully repaid scholarship assistance in full during

the previous fiscal year;

(10) the number of scholarship recipients who

defaulted on their obligation to repay scholarship

assistance during the previous fiscal year;

(11) the amount of scholarship assistance subject to

collection in accordance with subsection (j) of this

Section at the end of the previous fiscal year;

(12) the amount of collected funds to be remitted to

the Comptroller in accordance with subsection (j) of this

Section at the end of the previous fiscal year; and

(13) other information that the Commission may

reasonably request.

(n) Nothing in this Section shall affect the rights of the

Commission to collect moneys owed to it by recipients of

scholarship assistance through the Illinois Future Teacher

Corps Program, repealed by this amendatory Act of the 98th

General Assembly.

(o) The Auditor General shall prepare an annual audit of

the operations and finances of the Golden Apple Scholars of

Illinois Program. This audit shall be provided to the

Governor, General Assembly, and the Commission.

(p) The suspension of grant making authority found in

Section 4.2 of the Illinois Grant Funds Recovery Act shall not

apply to grants made pursuant to this Section.

(Source: P.A. 98-533, eff. 8-23-13; 98-718, eff. 1-1-15;

99-143, eff. 7-27-15.)

(110 ILCS 947/62)

Sec. 62. Grants for exonerated persons.

(a) In this Section:

"Exonerated person" means an individual who has received a

pardon from the Governor of the State of Illinois stating that

such a pardon is issued on the grounds of innocence of the

crime for which he or she was imprisoned or an individual who

has received a certificate of innocence from a circuit court

pursuant to Section 2-702 of the Code of Civil Procedure.

"Satisfactory academic progress" means the qualified

applicant's maintenance of minimum standards of academic

performance, consistent with requirements for maintaining

federal financial aid eligibility, as determined by the

institution of higher learning.

(b) Subject to a separate appropriation for this purpose,

the Commission shall, each year, receive and consider

applications for grant assistance under this Section.

Recipients of grants issued by the Commission in accordance

with this Section must be exonerated persons. Provided that

the recipient is maintaining satisfactory academic progress,

the funds from the grant may be used to pay up to 8 semesters

or 12 quarters of full payment of tuition and mandatory fees at

any public university or public community college located in

this State for either full or part-time study. This benefit

may be used for undergraduate or graduate study.

In addition, an exonerated person who has not yet received

a high school diploma or a State of Illinois High School

Diploma high school equivalency certificate and completes a

high school equivalency preparation course through an Illinois

Community College Board-approved provider may use grant funds

to pay costs associated with obtaining a State of Illinois

High School Diploma high school equivalency certificate,

including payment of the cost of the high school equivalency

test and up to one retest on each test module, and any

additional fees that may be required in order to obtain a State

of Illinois High School Diploma an Illinois High School

Equivalency Certificate or an official transcript of test

scores after successful completion of the high school

equivalency test.

(c) An applicant for a grant under this Section need not

demonstrate financial need to qualify for the benefits.

(d) The Commission may adopt any rules necessary to

implement and administer this Section.

(Source: P.A. 99-199, eff. 1-1-16.)

Section 40. The Illinois Insurance Code is amended by

changing Section 500-50 as follows:

(215 ILCS 5/500-50)

(Section scheduled to be repealed on January 1, 2027)

Sec. 500-50. Insurance producers; examination statistics.

(a) The use of examinations for the purpose of determining

qualifications of persons to be licensed as insurance

producers has a direct and far-reaching effect on persons

seeking those licenses, on insurance companies, and on the

public. It is in the public interest and it will further the

public welfare to insure that examinations for licensing do

not have the effect of unlawfully discriminating against

applicants for licensing as insurance producers on the basis

of race, color, national origin, or sex.

(b) As used in this Section, the following words have the

meanings given in this subsection.

Examination. "Examination" means the examination in each

line of insurance administered pursuant to Section 500-30.

Examinee. "Examinee" means a person who takes an

examination.

Part. "Part" means a portion of an examination for which a

score is calculated.

Operational item. "Operational item" means a test question

considered in determining an examinee's score.

Test form. "Test form" means the test booklet or

instrument used for a part of an examination.

Pretest item. "Pretest item" means a prospective test

question that is included in a test form in order to assess its

performance, but is not considered in determining an

examinee's score.

Minority group or examinees. "Minority group" or "minority

examinees" means examinees who are American Indian or Alaska

Native, Asian, Black or African American, Hispanic or Latino,

or Native Hawaiian or Other Pacific Islander.

Correct-answer rate. "Correct-answer rate" for an item

means the number of examinees who provided the correct answer

on an item divided by the number of examinees who answered the

item.

Correlation. "Correlation" means a statistical measure of

the relationship between performance on an item and

performance on a part of the examination.

(c) The Director shall ask each examinee to self-report on

a voluntary basis on the answer sheet, application form, or by

other appropriate means, the following information:

(1) race or ethnicity (American Indian or Alaska

Native, Asian, Black or African American, Hispanic or

Latino, Native Hawaiian or Other Pacific Islander, or

White);

(2) education (8th grade or less; less than 12th

grade; high school diploma or State of Illinois High

School Diploma high school equivalency certificate; some

college, but no 4-year degree; or 4-year degree or more);

and

(3) gender (male or female).

The Director must advise all examinees that they are not

required to provide this information, that they will not be

penalized for not doing so, and that the Director will use the

information provided exclusively for research and statistical

purposes and to improve the quality and fairness of the

examinations.

(d) No later than May 1 of each year, the Director must

prepare, publicly announce, and publish an Examination Report

of summary statistical information relating to each

examination administered during the preceding calendar year.

Each Examination Report shall show with respect to each

examination:

(1) For all examinees combined and separately by race

or ethnicity, by educational level, by gender, by

educational level within race or ethnicity, by education

level within gender, and by race or ethnicity within

gender:

(A) number of examinees;

(B) percentage and number of examinees who passed

each part;

(C) percentage and number of examinees who passed

all parts;

(D) mean scaled scores on each part; and

(E) standard deviation of scaled scores on each

part.

(2) For male examinees, female examinees, Black or

African American examinees, white examinees, American

Indian or Alaska Native examinees, Asian examinees,

Hispanic or Latino examinees, and Native Hawaiian or Other

Pacific Islander, respectively, with a high school diploma

or State of Illinois High School Diploma high school

equivalency certificate, the distribution of scaled scores

on each part.

No later than May 1 of each year, the Director must prepare

and make available on request an Item Report of summary

statistical information relating to each operational item on

each test form administered during the preceding calendar

year. The Item Report shall show, for each operational item,

for all examinees combined and separately for Black or African

American examinees, white examinees, American Indian or Alaska

Native examinees, Asian examinees, Hispanic or Latino

examinees, and Native Hawaiian or Other Pacific Islander, the

correct-answer rates and correlations.

The Director is not required to report separate

statistical information for any group or subgroup comprising

fewer than 50 examinees.

(e) The Director must obtain a regular analysis of the

data collected under this Section, and any other relevant

information, for purposes of the development of new test

forms. The analysis shall continue the implementation of the

item selection methodology as recommended in the Final Report

of the Illinois Insurance Producer's Licensing Examination

Advisory Committee dated November 19, 1991, and filed with the

Department unless some other methodology is determined by the

Director to be as effective in minimizing differences between

white and minority examinee pass-fail rates.

(f) The Director has the discretion to set cutoff scores

for the examinations, provided that scaled scores on test

forms administered after July 1, 1993, shall be made

comparable to scaled scores on test forms administered in 1991

by use of professionally acceptable methods so as to minimize

changes in passing rates related to the presence or absence of

or changes in equating or scaling equations or methods or

content outlines. Each calendar year, the scaled cutoff score

for each part of each examination shall fluctuate by no more

than the standard error of measurement from the scaled cutoff

score employed during the preceding year.

(g) No later than May 1, 2003 and no later than May 1 of

every fourth year thereafter, the Director must release to the

public and make generally available one representative test

form and set of answer keys for each part of each examination.

(h) The Director must maintain, for a period of 3 years

after they are prepared or used, all registration forms, test

forms, answer sheets, operational items and pretest items,

item analyses, and other statistical analyses relating to the

examinations. All personal identifying information regarding

examinees and the content of test items must be maintained

confidentially as necessary for purposes of protecting the

personal privacy of examinees and the maintenance of test

security.

(i) In administering the examinations, the Director must

make such accommodations for examinees with disabilities as

are reasonably warranted by the particular disability

involved, including the provision of additional time if

necessary to complete an examination or special assistance in

taking an examination.

(j) For the purposes of this Section:

(1) "American Indian or Alaska Native" means a person

having origins in any of the original peoples of North and

South America, including Central America, and who

maintains tribal affiliation or community attachment.

(2) "Asian" means a person having origins in any of

the original peoples of the Far East, Southeast Asia, or

the Indian subcontinent, including, but not limited to,

Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,

the Philippine Islands, Thailand, and Vietnam.

(3) "Black or African American" means a person having

origins in any of the black racial groups of Africa.

(4) "Hispanic or Latino" means a person of Cuban,

Mexican, Puerto Rican, South or Central American, or other

Spanish culture or origin, regardless of race.

(5) "Native Hawaiian or Other Pacific Islander" means

a person having origins in any of the original peoples of

Hawaii, Guam, Samoa, or other Pacific Islands.

(6) "White" means a person having origins in any of

the original peoples of Europe, the Middle East, or North

Africa.

(Source: P.A. 102-465, eff. 1-1-22.)

Section 45. The Nurse Practice Act is amended by changing

Section 80-40 as follows:

(225 ILCS 65/80-40)

(Section scheduled to be repealed on January 1, 2028)

Sec. 80-40. Licensure by examination. An applicant for

licensure by examination to practice as a licensed medication

aide must:

(1) submit a completed written application on forms

provided by the Department and fees as established by the

Department;

(2) be age 18 or older;

(3) have a high school diploma or a State of Illinois

High School Diploma high school equivalency certificate;

(4) demonstrate the ability to speak, read, and write

the English language, as determined by rule;

(5) demonstrate competency in math, as determined by

rule;

(6) be currently certified in good standing as a

certified nursing assistant and provide proof of 2,000

hours of practice as a certified nursing assistant within

3 years before application for licensure;

(7) submit to the criminal history records check

required under Section 50-35 of this Act;

(8) have not engaged in conduct or behavior determined

to be grounds for discipline under this Act;

(9) be currently certified to perform cardiopulmonary

resuscitation by the American Heart Association or

American Red Cross;

(10) have successfully completed a course of study

approved by the Department as defined by rule; to be

approved, the program must include a minimum of 60 hours

of classroom-based medication aide education, a minimum of

10 hours of simulation laboratory study, and a minimum of

30 hours of registered nurse-supervised clinical practicum

with progressive responsibility of patient medication

assistance;

(11) have successfully completed the Medication Aide

Certification Examination or other examination authorized

by the Department; and

(12) submit proof of employment by a qualifying

facility.

(Source: P.A. 98-990, eff. 8-18-14; 99-78, eff. 7-20-15.)

Section 50. The Pharmacy Practice Act is amended by

changing Section 9 as follows:

(225 ILCS 85/9) (from Ch. 111, par. 4129)

(Section scheduled to be repealed on January 1, 2023)

Sec. 9. Licensure as registered pharmacy technician.

(a) Any person shall be entitled to licensure as a

registered pharmacy technician who is of the age of 16 or over,

has not engaged in conduct or behavior determined to be

grounds for discipline under this Act, is attending or has

graduated from an accredited high school or comparable school

or educational institution or received a State of Illinois

High School Diploma high school equivalency certificate, and

has filed a written or electronic application for licensure on

a form to be prescribed and furnished by the Department for

that purpose. The Department shall issue a license as a

registered pharmacy technician to any applicant who has

qualified as aforesaid, and such license shall be the sole

authority required to assist licensed pharmacists in the

practice of pharmacy, under the supervision of a licensed

pharmacist. A registered pharmacy technician may be delegated

to perform any task within the practice of pharmacy if

specifically trained for that task, except for patient

counseling, drug regimen review, or clinical conflict

resolution.

(b) Beginning on January 1, 2017, within 2 years after

initial licensure as a registered pharmacy technician, the

licensee must meet the requirements described in Section 9.5

of this Act and become licensed as a registered certified

pharmacy technician. If the licensee has not yet attained the

age of 18, then upon the next renewal as a registered pharmacy

technician, the licensee must meet the requirements described

in Section 9.5 of this Act and become licensed as a registered

certified pharmacy technician. This requirement does not apply

to pharmacy technicians registered prior to January 1, 2008.

(c) Any person registered as a pharmacy technician who is

also enrolled in a first professional degree program in

pharmacy in a school or college of pharmacy or a department of

pharmacy of a university approved by the Department or has

graduated from such a program within the last 18 months, shall

be considered a "student pharmacist" and entitled to use the

title "student pharmacist". A student pharmacist must meet all

of the requirements for licensure as a registered pharmacy

technician set forth in this Section excluding the requirement

of certification prior to the second license renewal and pay

the required registered pharmacy technician license fees. A

student pharmacist may, under the supervision of a pharmacist,

assist in the practice of pharmacy and perform any and all

functions delegated to him or her by the pharmacist.

(d) Any person seeking licensure as a pharmacist who has

graduated from a pharmacy program outside the United States

must register as a pharmacy technician and shall be considered

a "student pharmacist" and be entitled to use the title

"student pharmacist" while completing the 1,200 clinical hours

of training approved by the Board of Pharmacy described and

for no more than 18 months after completion of these hours.

These individuals are not required to become registered

certified pharmacy technicians while completing their Board

approved clinical training, but must become licensed as a

pharmacist or become licensed as a registered certified

pharmacy technician before the second pharmacy technician

license renewal following completion of the Board approved

clinical training.

(e) The Department shall not renew the registered pharmacy

technician license of any person who has been licensed as a

registered pharmacy technician with the designation "student

pharmacist" who: (1) has dropped out of or been expelled from

an ACPE accredited college of pharmacy; (2) has failed to

complete his or her 1,200 hours of Board approved clinical

training within 24 months; or (3) has failed the pharmacist

licensure examination 3 times. The Department shall require

these individuals to meet the requirements of and become

licensed as a registered certified pharmacy technician.

(f) The Department may take any action set forth in

Section 30 of this Act with regard to a license pursuant to

this Section.

(g) Any person who is enrolled in a non-traditional

Pharm.D. program at an ACPE accredited college of pharmacy and

is licensed as a registered pharmacist under the laws of

another United States jurisdiction shall be permitted to

engage in the program of practice experience required in the

academic program by virtue of such license. Such person shall

be exempt from the requirement of licensure as a registered

pharmacy technician or registered certified pharmacy

technician while engaged in the program of practice experience

required in the academic program.

An applicant for licensure as a registered pharmacy

technician may assist a pharmacist in the practice of pharmacy

for a period of up to 60 days prior to the issuance of a

license if the applicant has submitted the required fee and an

application for licensure to the Department. The applicant

shall keep a copy of the submitted application on the premises

where the applicant is assisting in the practice of pharmacy.

The Department shall forward confirmation of receipt of the

application with start and expiration dates of practice

pending licensure.

(Source: P.A. 100-497, eff. 9-8-17; 101-621, eff. 1-1-20.)

Section 55. The Structural Pest Control Act is amended by

changing Section 5 as follows:

(225 ILCS 235/5) (from Ch. 111 1/2, par. 2205)

(Section scheduled to be repealed on December 31, 2029)

Sec. 5. Certification requirements. No individual shall

apply any general use or restricted pesticide while engaged in

commercial structural pest control in this State unless the

individual is engaged in or has completed the training

requirements prescribed by the Department and is certified, or

supervised by someone who is certified, by the Department in

accordance with this Section.

No individual shall apply any restricted pesticide while

engaged in non-commercial structural pest control in this

State unless the individual is engaged in or has completed the

training requirements prescribed by the Department and is

certified or supervised by someone who is certified in

accordance with this Section. In addition, any individual at

any non-commercial structural pest control location using

general use pesticides shall comply with the labeling

requirements of the pesticides used at that location.

Each commercial structural pest control location shall be

required to employ at least one certified technician at each

location. In addition, each non-commercial structural pest

control location utilizing restricted pesticides shall be

required to employ at least one certified technician at each

location. Individuals who are not certified technicians may

work under the supervision of a certified technician employed

at the commercial or non-commercial location who shall be

responsible for their pest control activities. Any technician

providing supervision for the use of restricted pesticides

must be certified in the sub-category for which he is

providing supervision.

A. Any individual engaging in commercial structural pest

control and utilizing general use pesticides must:

1. be at least 18 years of age;

2. hold a high school diploma or State of Illinois

High School Diploma high school equivalency certificate;

and

3. have filed an original application, paid the fee

required for examination, and have passed the General

Standards examination.

B. Any individual engaging in commercial or non-commercial

structural pest control and supervising the use of restricted

pesticides in any one of the sub-categories in Section 7 of

this Act must:

1. be at least 18 years of age;

2. hold a high school diploma or a State of Illinois

High School Diploma high school equivalency certificate;

and

3. have:

a. six months of practical experience in

structural pest control; or

b. successfully completed a minimum of 16 semester

hours, or their equivalent, in entomology or related

fields from a recognized college or university; or

c. successfully completed a pest control course,

approved by the Department, from a recognized

educational institution or other entity.

Each applicant shall have filed an original application

and paid the fee required for examination. Every applicant who

successfully passes the General Standards examination and at

least one sub-category examination shall be certified in each

sub-category which he has successfully passed.

A certified technician who wishes to be certified in

sub-categories for which he has not been previously certified

may apply for any sub-category examination provided he meets

the requirements set forth in this Section, files an original

application, and pays the fee for examination.

An applicant who fails to pass the General Standards

examination or any sub-category examination may reapply for

that examination, provided that he files an application and

pays the fee required for an original examination.

Re-examination applications shall be on forms prescribed by

the Department.

(Source: P.A. 100-716, eff. 8-3-18.)

Section 60. The Community Association Manager Licensing

and Disciplinary Act is amended by changing Section 40 as

follows:

(225 ILCS 427/40)

(Section scheduled to be repealed on January 1, 2027)

Sec. 40. Qualifications for licensure as a community

association manager.

(a) No person shall be qualified for licensure as a

community association manager under this Act unless the person

has applied in writing on the prescribed forms and has paid the

required, nonrefundable fees and has met all of the following

qualifications:

(1) Is at least 18 years of age.

(1.5) Successfully completed a 4-year course of study

in a high school, secondary school, or an equivalent

course of study approved by the state in which the school

is located, or possess a State of Illinois High School

Diploma high school equivalency certificate, which shall

be verified under oath by the applicant.

(2) Provided satisfactory evidence of having completed

at least 20 classroom hours in community association

management courses approved by the Board.

(3) Passed an examination authorized by the

Department.

(4) Has not committed an act or acts, in this or any

other jurisdiction, that would be a violation of this Act.

(5) Is of good moral character. In determining moral

character under this Section, the Department may take into

consideration whether the applicant has engaged in conduct

or activities that would constitute grounds for discipline

under this Act. Good moral character is a continuing

requirement of licensure. Conviction of crimes may be used

in determining moral character, but shall not constitute

an absolute bar to licensure.

(6) Has not been declared by any court of competent

jurisdiction to be incompetent by reason of mental or

physical defect or disease, unless subsequently declared

by a court to be competent.

(7) Complies with any additional qualifications for

licensure as determined by rule of the Department.

(b) (Blank).

(c) (Blank).

(d) Applicants have 3 years from the date of application

to complete the application process. If the process has not

been completed within the 3 years, the application shall be

denied, the fee shall be forfeited, and the applicant must

reapply and meet the requirements in effect at the time of

re-application.

(e) The Department shall not require applicants to report

the following information and shall not consider the following

criminal history records in connection with an application for

licensure:

(1) juvenile adjudications of delinquent minors as

defined in Section 5-105 of the Juvenile Court Act of 1987

subject to the restrictions set forth in Section 5-130 of

that Act;

(2) law enforcement records, court records, and

conviction records of an individual who was 17 years old

at the time of the offense and before January 1, 2014,

unless the nature of the offense required the individual

to be tried as an adult;

(3) records of arrest not followed by a charge or

conviction;

(4) records of arrest in which the charges were

dismissed unless related to the practice of the

profession; however, applicants shall not be asked to

report any arrests, and an arrest not followed by a

conviction shall not be the basis of a denial and may be

used only to assess an applicant's rehabilitation;

(5) convictions overturned by a higher court; or

(6) convictions or arrests that have been sealed or

expunged.

(f) An applicant or licensee shall report to the

Department, in a manner prescribed by the Department, and

within 30 days after the occurrence if during the term of

licensure: (i) any conviction of or plea of guilty or nolo

contendere to forgery, embezzlement, obtaining money under

false pretenses, larceny, extortion, conspiracy to defraud, or

any similar offense or offenses or any conviction of a felony

involving moral turpitude; (ii) the entry of an administrative

sanction by a government agency in this State or any other

jurisdiction that has as an essential element dishonesty or

fraud or involves larceny, embezzlement, or obtaining money,

property, or credit by false pretenses; or (iii) any

conviction of or plea of guilty or nolo contendere to a crime

that subjects the licensee to compliance with the requirements

of the Sex Offender Registration Act.

(Source: P.A. 102-20, eff. 1-1-22.)

Section 65. The Home Inspector License Act is amended by

changing Section 5-10 as follows:

(225 ILCS 441/5-10)

(Section scheduled to be repealed on January 1, 2027)

Sec. 5-10. Application for home inspector license.

(a) Every natural person who desires to obtain a home

inspector license shall:

(1) apply to the Department in a manner prescribed by

the Department and accompanied by the required fee; all

applications shall contain the information that, in the

judgment of the Department, enables the Department to pass

on the qualifications of the applicant for a license to

practice as a home inspector as set by rule;

(2) be at least 18 years of age;

(3) successfully complete a 4-year course of study in

a high school or secondary school or an equivalent course

of study approved by the state in which the school is

located, or possess a State of Illinois High School

Diploma high school equivalency certificate, which shall

be verified under oath by the applicant;

(4) personally take and pass a written examination and

a field examination authorized by the Department; and

(5) prior to taking the examination, provide evidence

to the Department that the applicant has successfully

completed the prerequisite classroom hours of instruction

in home inspection, as established by rule.

(b) The Department shall not require applicants to report

the following information and shall not consider the following

criminal history records in connection with an application for

licensure or registration:

(1) juvenile adjudications of delinquent minors as

defined in Section 5-105 of the Juvenile Court Act of 1987

subject to the restrictions set forth in Section 5-130 of

that Act;

(2) law enforcement records, court records, and

conviction records of an individual who was 17 years old

at the time of the offense and before January 1, 2014,

unless the nature of the offense required the individual

to be tried as an adult;

(3) records of arrest not followed by a charge or

conviction;

(4) records of arrest where the charges were dismissed

unless related to the practice of the profession; however,

applicants shall not be asked to report any arrests, and

an arrest not followed by a conviction shall not be the

basis of denial and may be used only to assess an

applicant's rehabilitation;

(5) convictions overturned by a higher court; or

(6) convictions or arrests that have been sealed or

expunged.

(c) An applicant or licensee shall report to the

Department, in a manner prescribed by the Department, upon

application and within 30 days after the occurrence, if during

the term of licensure, (i) any conviction of or plea of guilty

or nolo contendere to forgery, embezzlement, obtaining money

under false pretenses, larceny, extortion, conspiracy to

defraud, or any similar offense or offenses or any conviction

of a felony involving moral turpitude, (ii) the entry of an

administrative sanction by a government agency in this State

or any other jurisdiction that has as an essential element

dishonesty or fraud or involves larceny, embezzlement, or

obtaining money, property, or credit by false pretenses, or

(iii) a crime that subjects the licensee to compliance with

the requirements of the Sex Offender Registration Act.

(d) Applicants have 3 years after the date of the

application to complete the application process. If the

process has not been completed within 3 years, the application

shall be denied, the fee forfeited, and the applicant must

reapply and meet the requirements in effect at the time of

reapplication.

(Source: P.A. 102-20, eff. 1-1-22.)

Section 70. The Real Estate License Act of 2000 is amended

by changing Sections 5-10, 5-27, and 5-28 as follows:

(225 ILCS 454/5-10)

(Section scheduled to be repealed on January 1, 2030)

Sec. 5-10. Requirements for license as a residential

leasing agent; continuing education.

(a) Every applicant for licensure as a residential leasing

agent must meet the following qualifications:

(1) be at least 18 years of age;

(2) be of good moral character;

(3) successfully complete a 4-year course of study in

a high school or secondary school or an equivalent course

of study approved by the state in which the school is

located, or possess a State of Illinois High School

Diploma high school equivalency certificate, which shall

be verified under oath by the applicant;

(4) personally take and pass a written examination

authorized by the Department sufficient to demonstrate the

applicant's knowledge of the provisions of this Act

relating to residential leasing agents and the applicant's

competence to engage in the activities of a licensed

residential leasing agent;

(5) provide satisfactory evidence of having completed

15 hours of instruction in an approved course of study

relating to the leasing of residential real property. The

Board may recommend to the Department the number of hours

each topic of study shall require. The course of study

shall, among other topics, cover the provisions of this

Act applicable to residential leasing agents; fair housing

and human rights issues relating to residential leasing;

advertising and marketing issues; leases, applications,

and credit and criminal background reports; owner-tenant

relationships and owner-tenant laws; the handling of

funds; and environmental issues relating to residential

real property;

(6) complete any other requirements as set forth by

rule; and

(7) present a valid application for issuance of an

initial license accompanied by fees specified by rule.

(b) No applicant shall engage in any of the activities

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

sponsorship has been registered with the Department.

(c) Successfully completed course work, completed pursuant

to the requirements of this Section, may be applied to the

course work requirements to obtain a managing broker's or

broker's license as provided by rule. The Board may recommend

to the Department and the Department may adopt requirements

for approved courses, course content, and the approval of

courses, instructors, and education providers, as well as

education provider and instructor fees. The Department may

establish continuing education requirements for residential

licensed leasing agents, by rule, consistent with the language

and intent of this Act, with the advice of the Board.

(d) The continuing education requirement for residential

leasing agents shall consist of a single core curriculum to be

prescribed by the Department as recommended by the Board.

Leasing agents shall be required to complete no less than 8

hours of continuing education in the core curriculum for each

2-year renewal period. The curriculum shall, at a minimum,

consist of a single course or courses on the subjects of fair

housing and human rights issues related to residential

leasing, advertising and marketing issues, leases,

applications, credit reports, and criminal history, the

handling of funds, owner-tenant relationships and owner-tenant

laws, and environmental issues relating to residential real

estate.

(Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)

(225 ILCS 454/5-27)

(Section scheduled to be repealed on January 1, 2030)

Sec. 5-27. Requirements for licensure as a broker.

(a) Every applicant for licensure as a broker must meet

the following qualifications:

(1) Be at least 18 years of age;

(2) Be of good moral character;

(3) Successfully complete a 4-year course of study in

a high school or secondary school approved by the state in

which the school is located, or possess a State of

Illinois High School Diploma high school equivalency

certificate, which shall be verified under oath by the

applicant;

(4) (Blank);

(5) Provide satisfactory evidence of having completed

75 hours of instruction in real estate courses approved by

the Department, 15 hours of which must consist of

situational and case studies presented in the classroom or

by live, interactive webinar or online distance education

courses;

(6) Personally take and pass a written examination

authorized by the Department;

(7) Present a valid application for issuance of a

license accompanied by the fees specified by rule.

(b) The requirements specified in items (3) and (5) of

subsection (a) of this Section do not apply to applicants who

are currently admitted to practice law by the Supreme Court of

Illinois and are currently in active standing.

(c) No applicant shall engage in any of the activities

covered by this Act until a valid sponsorship has been

registered with the Department.

(d) All licenses should be readily available to the public

at the licensee's place of business.

(e) An individual holding an active license as a managing

broker may, upon written request to the Department,

permanently and irrevocably place his or her managing broker

license on inactive status and shall be issued a broker's

license in exchange. Any individual obtaining a broker's

license under this subsection (e) shall be considered as

having obtained a broker's license by education and passing

the required test and shall be treated as such in determining

compliance with this Act.

(Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)

(225 ILCS 454/5-28)

(Section scheduled to be repealed on January 1, 2030)

Sec. 5-28. Requirements for licensure as a managing

broker.

(a) Every applicant for licensure as a managing broker

must meet the following qualifications:

(1) be at least 20 years of age;

(2) be of good moral character;

(3) have been licensed at least 2 consecutive years

out of the preceding 3 years as a broker;

(4) successfully complete a 4-year course of study in

high school or secondary school approved by the state in

which the school is located, or a State of Illinois High

School Diploma high school equivalency certificate, which

shall be verified under oath by the applicant;

(5) provide satisfactory evidence of having completed

at least 165 hours, 120 of which shall be those hours

required pre-licensure and post-licensure to obtain a

broker's license, and 45 additional hours completed within

the year immediately preceding the filing of an

application for a managing broker's license, which hours

shall focus on brokerage administration and management and

residential leasing agent management and include at least

15 hours in the classroom or by live, interactive webinar

or online distance education courses;

(6) personally take and pass a written examination

authorized by the Department; and

(7) submit a valid application for issuance of a

license accompanied by the fees specified by rule.

(b) The requirements specified in item (5) of subsection

(a) of this Section do not apply to applicants who are

currently admitted to practice law by the Supreme Court of

Illinois and are currently in active standing.

(Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)

Section 75. The Illinois Public Aid Code is amended by

changing Sections 4-1.9 and 9A-8 as follows:

(305 ILCS 5/4-1.9) (from Ch. 23, par. 4-1.9)

Sec. 4-1.9. Participation in Educational and Vocational

Training Programs.

(a) A parent or parents and a child age 16 or over not in

regular attendance in school, as defined in Section 4-1.1 as

that Section existed on August 26, 1969 (the effective date of

Public Act 76-1047), for whom education and training is

suitable, must participate in the educational and vocational

training programs provided pursuant to Article IXA.

(b) A parent who is less than 20 years of age and who has

not received a high school diploma or State of Illinois High

School Diploma high school equivalency certificate is required

to be enrolled in school or in an educational program that is

expected to result in the receipt of a high school diploma or

State of Illinois High School Diploma high school equivalency

certificate, except 18 and 19 year old parents may be assigned

to work activities or training if it is determined based on an

individualized assessment that secondary school is

inappropriate.

(Source: P.A. 89-6, eff. 3-6-95; 90-17, eff. 7-1-97.)

(305 ILCS 5/9A-8) (from Ch. 23, par. 9A-8)

Sec. 9A-8. Operation of program.

(a) At the time of application or redetermination of

eligibility under Article IV, as determined by rule, the

Illinois Department shall provide information in writing and

orally regarding the education, training and employment

program to all applicants and recipients. The information

required shall be established by rule and shall include, but

need not be limited to:

(1) education (including literacy training),

employment and training opportunities available, the

criteria for approval of those opportunities, and the

right to request changes in the personal responsibility

and services plan to include those opportunities;

(1.1) a complete list of all activities that are

approvable activities, and the circumstances under which

they are approvable, including work activities, substance

use disorder or mental health treatment, activities to

escape and prevent domestic violence, caring for a

medically impaired family member, and any other approvable

activities, together with the right to and procedures for

amending the responsibility and services plan to include

these activities;

(1.2) the rules concerning the lifetime limit on

eligibility, including the current status of the applicant

or recipient in terms of the months of remaining

eligibility, the criteria under which a month will not

count towards the lifetime limit, and the criteria under

which a recipient may receive benefits beyond the end of

the lifetime limit;

(2) supportive services including child care and the

rules regarding eligibility for and access to the child

care assistance program, transportation, initial expenses

of employment, job retention, books and fees, and any

other supportive services;

(3) the obligation of the Department to provide

supportive services;

(4) the rights and responsibilities of participants,

including exemption, sanction, reconciliation, and good

cause criteria and procedures, termination for

non-cooperation and reinstatement rules and procedures,

and appeal and grievance procedures; and

(5) the types and locations of child care services.

(b) The Illinois Department shall notify the recipient in

writing of the opportunity to volunteer to participate in the

program.

(c) (Blank).

(d) As part of the personal plan for achieving employment

and self-sufficiency, the Department shall conduct an

individualized assessment of the participant's employability.

No participant may be assigned to any component of the

education, training and employment activity prior to such

assessment. The plan shall include collection of information

on the individual's background, proficiencies, skills

deficiencies, education level, work history, employment goals,

interests, aptitudes, and employment preferences, as well as

factors affecting employability or ability to meet

participation requirements (e.g., health, physical or mental

limitations, child care, family circumstances, domestic

violence, sexual violence, substance use disorders, and

special needs of any child of the individual). As part of the

plan, individuals and Department staff shall work together to

identify any supportive service needs required to enable the

client to participate and meet the objectives of his or her

employability plan. The assessment may be conducted through

various methods such as interviews, testing, counseling, and

self-assessment instruments. In the assessment process, the

Department shall offer to include standard literacy testing

and a determination of English language proficiency and shall

provide it for those who accept the offer. Based on the

assessment, the individual will be assigned to the appropriate

activity. The decision will be based on a determination of the

individual's level of preparation for employment as defined by

rule.

(e) Recipients determined to be exempt may volunteer to

participate pursuant to Section 9A-4 and must be assessed.

(f) As part of the personal plan for achieving employment

and self-sufficiency under Section 4-1, an employability plan

for recipients shall be developed in consultation with the

participant. The Department shall have final responsibility

for approving the employability plan. The employability plan

shall:

(1) contain an employment goal of the participant;

(2) describe the services to be provided by the

Department, including child care and other support

services;

(3) describe the activities, such as component

assignment, that will be undertaken by the participant to

achieve the employment goal. The Department shall treat

participation in high school and high school equivalency

programs as a core activity and count participation in

high school and high school equivalency programs toward

the first 20 hours per week of participation. The

Department shall approve participation in high school or

high school equivalency programs upon written or oral

request of the participant if he or she has not already

earned a high school diploma or a State of Illinois High

School Diploma high school equivalency certificate.

However, participation in high school or high school

equivalency programs may be delayed as part of an

applicant's or recipient's personal plan for achieving

employment and self-sufficiency if it is determined that

the benefit from participating in another activity, such

as, but not limited to, treatment for a substance use

disorder or an English proficiency program, would be

greater to the applicant or recipient than participation

in high school or a high school equivalency program. The

availability of high school and high school equivalency

programs may also delay enrollment in those programs. The

Department shall treat such activities as a core activity

as long as satisfactory progress is made, as determined by

the high school or high school equivalency program. Proof

of satisfactory progress shall be provided by the

participant or the school at the end of each academic

term; and

(4) describe any other needs of the family that might

be met by the Department.

(g) The employability plan shall take into account:

(1) available program resources;

(2) the participant's support service needs;

(3) the participant's skills level and aptitudes;

(4) local employment opportunities; and

(5) the preferences of the participant.

(h) A reassessment shall be conducted to assess a

participant's progress and to review the employability plan on

the following occasions:

(1) upon completion of an activity and before

assignment to an activity;

(2) upon the request of the participant;

(3) if the individual is not cooperating with the

requirements of the program; and

(4) if the individual has failed to make satisfactory

progress in an education or training program.

Based on the reassessment, the Department may revise the

employability plan of the participant.

(Source: P.A. 99-746, eff. 1-1-17; 100-759, eff. 1-1-19.)

Section 80. The Firearm Concealed Carry Act is amended by

changing Section 80 as follows:

(430 ILCS 66/80)

Sec. 80. Certified firearms instructors.

(a) Within 60 days of the effective date of this Act, the

Illinois State Police shall begin approval of certified

firearms instructors and enter certified firearms instructors

into an online registry on the Illinois State Police's

website.

(b) A person who is not a certified firearms instructor

shall not teach applicant training courses or advertise or

otherwise represent courses they teach as qualifying their

students to meet the requirements to receive a license under

this Act. Each violation of this subsection is a business

offense with a fine of at least $1,000 per violation.

(c) A person seeking to become a certified firearms

instructor shall:

(1) be at least 21 years of age;

(2) be a legal resident of the United States; and

(3) meet the requirements of Section 25 of this Act,

except for the Illinois residency requirement in item

(xiv) of paragraph (2) of subsection (a) of Section 4 of

the Firearm Owners Identification Card Act; and any

additional uniformly applied requirements established by

the Illinois State Police.

(d) A person seeking to become a certified firearms

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

of this Section, shall:

(1) possess a high school diploma or State of Illinois

High School Diploma high school equivalency certificate;

and

(2) have at least one of the following valid firearms

instructor certifications:

(A) certification from a law enforcement agency;

(B) certification from a firearm instructor course

offered by a State or federal governmental agency;

(C) certification from a firearm instructor

qualification course offered by the Illinois Law

Enforcement Training Standards Board; or

(D) certification from an entity approved by the

Illinois State Police that offers firearm instructor

education and training in the use and safety of

firearms.

(e) A person may have his or her firearms instructor

certification denied or revoked if he or she does not meet the

requirements to obtain a license under this Act, provides

false or misleading information to the Illinois State Police,

or has had a prior instructor certification revoked or denied

by the Illinois State Police.

(Source: P.A. 102-538, eff. 8-20-21.)

Section 85. The Illinois Vehicle Code is amended by

changing Sections 6-107 and 6-408.5 as follows:

(625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)

Sec. 6-107. Graduated license.

(a) The purpose of the Graduated Licensing Program is to

develop safe and mature driving habits in young, inexperienced

drivers and reduce or prevent motor vehicle accidents,

fatalities, and injuries by:

(1) providing for an increase in the time of practice

period before granting permission to obtain a driver's

license;

(2) strengthening driver licensing and testing

standards for persons under the age of 21 years;

(3) sanctioning driving privileges of drivers under

age 21 who have committed serious traffic violations or

other specified offenses; and

(4) setting stricter standards to promote the public's

health and safety.

(b) The application of any person under the age of 18

years, and not legally emancipated, for a drivers license or

permit to operate a motor vehicle issued under the laws of this

State, shall be accompanied by the written consent of either

parent of the applicant; otherwise by the guardian having

custody of the applicant, or in the event there is no parent or

guardian, then by another responsible adult. The written

consent must accompany any application for a driver's license

under this subsection (b), regardless of whether or not the

required written consent also accompanied the person's

previous application for an instruction permit.

No graduated driver's license shall be issued to any

applicant under 18 years of age, unless the applicant is at

least 16 years of age and has:

(1) Held a valid instruction permit for a minimum of 9

months.

(2) Passed an approved driver education course and

submits proof of having passed the course as may be

required.

(3) Certification by the parent, legal guardian, or

responsible adult that the applicant has had a minimum of

50 hours of behind-the-wheel practice time, at least 10

hours of which have been at night, and is sufficiently

prepared and able to safely operate a motor vehicle.

(b-1) No graduated driver's license shall be issued to any

applicant who is under 18 years of age and not legally

emancipated, unless the applicant has graduated from a

secondary school of this State or any other state, is enrolled

in a course leading to a State of Illinois High School Diploma

high school equivalency certificate, has obtained a State of

Illinois High School Diploma high school equivalency

certificate, is enrolled in an elementary or secondary school

or college or university of this State or any other state and

is not a chronic or habitual truant as provided in Section

26-2a of the School Code, or is receiving home instruction and

submits proof of meeting any of those requirements at the time

of application.

An applicant under 18 years of age who provides proof

acceptable to the Secretary that the applicant has resumed

regular school attendance or home instruction or that his or

her application was denied in error shall be eligible to

receive a graduated license if other requirements are met. The

Secretary shall adopt rules for implementing this subsection

(b-1).

(c) No graduated driver's license or permit shall be

issued to any applicant under 18 years of age who has committed

the offense of operating a motor vehicle without a valid

license or permit in violation of Section 6-101 of this Code or

a similar out of state offense and no graduated driver's

license or permit shall be issued to any applicant under 18

years of age who has committed an offense that would otherwise

result in a mandatory revocation of a license or permit as

provided in Section 6-205 of this Code or who has been either

convicted of or adjudicated a delinquent based upon a

violation of the Cannabis Control Act, the Illinois Controlled

Substances Act, the Use of Intoxicating Compounds Act, or the

Methamphetamine Control and Community Protection Act while

that individual was in actual physical control of a motor

vehicle. For purposes of this Section, any person placed on

probation under Section 10 of the Cannabis Control Act,

Section 410 of the Illinois Controlled Substances Act, or

Section 70 of the Methamphetamine Control and Community

Protection Act shall not be considered convicted. Any person

found guilty of this offense, while in actual physical control

of a motor vehicle, shall have an entry made in the court

record by the judge that this offense did occur while the

person was in actual physical control of a motor vehicle and

order the clerk of the court to report the violation to the

Secretary of State as such.

(d) No graduated driver's license shall be issued for 9

months to any applicant under the age of 18 years who has

committed and subsequently been convicted of an offense

against traffic regulations governing the movement of

vehicles, any violation of this Section or Section 12-603.1 of

this Code, or who has received a disposition of court

supervision for a violation of Section 6-20 of the Illinois

Liquor Control Act of 1934 or a similar provision of a local

ordinance.

(e) No graduated driver's license holder under the age of

18 years shall operate any motor vehicle, except a motor

driven cycle or motorcycle, with more than one passenger in

the front seat of the motor vehicle and no more passengers in

the back seats than the number of available seat safety belts

as set forth in Section 12-603 of this Code. If a graduated

driver's license holder over the age of 18 committed an

offense against traffic regulations governing the movement of

vehicles or any violation of this Section or Section 12-603.1

of this Code in the 6 months prior to the graduated driver's

license holder's 18th birthday, and was subsequently convicted

of the violation, the provisions of this paragraph shall

continue to apply until such time as a period of 6 consecutive

months has elapsed without an additional violation and

subsequent conviction of an offense against traffic

regulations governing the movement of vehicles or any

violation of this Section or Section 12-603.1 of this Code.

(f) (Blank).

(g) If a graduated driver's license holder is under the

age of 18 when he or she receives the license, for the first 12

months he or she holds the license or until he or she reaches

the age of 18, whichever occurs sooner, the graduated license

holder may not operate a motor vehicle with more than one

passenger in the vehicle who is under the age of 20, unless any

additional passenger or passengers are siblings,

step-siblings, children, or stepchildren of the driver. If a

graduated driver's license holder committed an offense against

traffic regulations governing the movement of vehicles or any

violation of this Section or Section 12-603.1 of this Code

during the first 12 months the license is held and

subsequently is convicted of the violation, the provisions of

this paragraph shall remain in effect until such time as a

period of 6 consecutive months has elapsed without an

additional violation and subsequent conviction of an offense

against traffic regulations governing the movement of vehicles

or any violation of this Section or Section 12-603.1 of this

Code.

(h) It shall be an offense for a person that is age 15, but

under age 20, to be a passenger in a vehicle operated by a

driver holding a graduated driver's license during the first

12 months the driver holds the license or until the driver

reaches the age of 18, whichever occurs sooner, if another

passenger under the age of 20 is present, excluding a sibling,

step-sibling, child, or step-child of the driver.

(i) No graduated driver's license shall be issued to any

applicant under the age of 18 years if the applicant has been

issued a traffic citation for which a disposition has not been

rendered at the time of application.

(Source: P.A. 97-229, eff. 7-28-11; 97-835, eff. 7-20-12;

98-168, eff. 1-1-14; 98-718, eff. 1-1-15.)

(625 ILCS 5/6-408.5)

Sec. 6-408.5. Courses for students or high school

dropouts; limitation.

(a) No driver training school or driving training

instructor licensed under this Act may request a certificate

of completion from the Secretary of State as provided in

Section 6-411 for any person who is enrolled as a student in

any public or non-public secondary school at the time such

instruction is to be provided, or who was so enrolled during

the semester last ended if that instruction is to be provided

between semesters or during the summer after the regular

school term ends, unless that student has received a passing

grade in at least 8 courses during the 2 semesters last ending

prior to requesting a certificate of completion from the

Secretary of State for the student.

(b) No driver training school or driving training

instructor licensed under this Act may request a certificate

of completion from the Secretary of State as provided in

Section 6-411 for any person who has dropped out of school and

has not yet attained the age of 18 years unless the driver

training school or driving training instructor has: 1)

obtained written documentation verifying the dropout's

enrollment in a high school equivalency testing or alternative

education program or has obtained a copy of the dropout's

State of Illinois High School Diploma high school equivalency

certificate; 2) obtained verification that the student prior

to dropping out had received a passing grade in at least 8

courses during the 2 previous semesters last ending prior to

requesting a certificate of completion; or 3) obtained written

consent from the dropout's parents or guardians and the

regional superintendent.

(c) Students shall be informed of the eligibility

requirements of this Act in writing at the time of

registration.

(d) The superintendent of schools of the school district

in which the student resides and attends school or in which the

student resides at the time he or she drops out of school (with

respect to a public high school student or a dropout from the

public high school) or the chief school administrator (with

respect to a student who attends a non-public high school or a

dropout from a non-public high school) may waive the

requirements of this Section if the superintendent or chief

school administrator, as the case may be, deems it to be in the

best interests of the student or dropout. Before requesting a

certificate of completion from the Secretary of State for any

person who is enrolled as a student in any public or non-public

secondary school or who was so enrolled in the semester last

ending prior to the request for a certificate of completion

from the Secretary of State or who is of high school age, the

driver training school shall determine from the school

district in which that person resides or resided at the time of

dropping out of school, or from the chief administrator of the

non-public high school attended or last attended by such

person, as the case may be, that such person is not ineligible

to receive a certificate of completion under this Section.

(Source: P.A. 98-718, eff. 1-1-15.)

Section 90. The Unified Code of Corrections is amended by

changing Sections 3-6-3, 3-6-8, and 5-8-1.3 as follows:

(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)

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

(a)(1) The Department of Corrections shall prescribe rules

and regulations for awarding and revoking sentence credit for

persons committed to the Department which shall be subject to

review by the Prisoner Review Board.

(1.5) As otherwise provided by law, sentence credit may be

awarded for the following:

(A) successful completion of programming while in

custody of the Department or while in custody prior to

sentencing;

(B) compliance with the rules and regulations of the

Department; or

(C) service to the institution, service to a

community, or service to the State.

(2) Except as provided in paragraph (4.7) of this

subsection (a), the rules and regulations on sentence credit

shall provide, with respect to offenses listed in clause (i),

(ii), or (iii) of this paragraph (2) committed on or after June

19, 1998 or with respect to the offense listed in clause (iv)

of this paragraph (2) committed on or after June 23, 2005 (the

effective date of Public Act 94-71) or with respect to offense

listed in clause (vi) committed on or after June 1, 2008 (the

effective date of Public Act 95-625) or with respect to the

offense of being an armed habitual criminal committed on or

after August 2, 2005 (the effective date of Public Act 94-398)

or with respect to the offenses listed in clause (v) of this

paragraph (2) committed on or after August 13, 2007 (the

effective date of Public Act 95-134) or with respect to the

offense of aggravated domestic battery committed on or after

July 23, 2010 (the effective date of Public Act 96-1224) or

with respect to the offense of attempt to commit terrorism

committed on or after January 1, 2013 (the effective date of

Public Act 97-990), the following:

(i) that a prisoner who is serving a term of

imprisonment for first degree murder or for the offense of

terrorism shall receive no sentence credit and shall serve

the entire sentence imposed by the court;

(ii) that a prisoner serving a sentence for attempt to

commit terrorism, attempt to commit first degree murder,

solicitation of murder, solicitation of murder for hire,

intentional homicide of an unborn child, predatory

criminal sexual assault of a child, aggravated criminal

sexual assault, criminal sexual assault, aggravated

kidnapping, aggravated battery with a firearm as described

in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),

or (e)(4) of Section 12-3.05, heinous battery as described

in Section 12-4.1 or subdivision (a)(2) of Section

12-3.05, being an armed habitual criminal, aggravated

battery of a senior citizen as described in Section 12-4.6

or subdivision (a)(4) of Section 12-3.05, or aggravated

battery of a child as described in Section 12-4.3 or

subdivision (b)(1) of Section 12-3.05 shall receive no

more than 4.5 days of sentence credit for each month of his

or her sentence of imprisonment;

(iii) that a prisoner serving a sentence for home

invasion, armed robbery, aggravated vehicular hijacking,

aggravated discharge of a firearm, or armed violence with

a category I weapon or category II weapon, when the court

has made and entered a finding, pursuant to subsection

(c-1) of Section 5-4-1 of this Code, that the conduct

leading to conviction for the enumerated offense resulted

in great bodily harm to a victim, shall receive no more

than 4.5 days of sentence credit for each month of his or

her sentence of imprisonment;

(iv) that a prisoner serving a sentence for aggravated

discharge of a firearm, whether or not the conduct leading

to conviction for the offense resulted in great bodily

harm to the victim, shall receive no more than 4.5 days of

sentence credit for each month of his or her sentence of

imprisonment;

(v) that a person serving a sentence for gunrunning,

narcotics racketeering, controlled substance trafficking,

methamphetamine trafficking, drug-induced homicide,

aggravated methamphetamine-related child endangerment,

money laundering pursuant to clause (c) (4) or (5) of

Section 29B-1 of the Criminal Code of 1961 or the Criminal

Code of 2012, or a Class X felony conviction for delivery

of a controlled substance, possession of a controlled

substance with intent to manufacture or deliver,

calculated criminal drug conspiracy, criminal drug

conspiracy, street gang criminal drug conspiracy,

participation in methamphetamine manufacturing,

aggravated participation in methamphetamine

manufacturing, delivery of methamphetamine, possession

with intent to deliver methamphetamine, aggravated

delivery of methamphetamine, aggravated possession with

intent to deliver methamphetamine, methamphetamine

conspiracy when the substance containing the controlled

substance or methamphetamine is 100 grams or more shall

receive no more than 7.5 days sentence credit for each

month of his or her sentence of imprisonment;

(vi) that a prisoner serving a sentence for a second

or subsequent offense of luring a minor shall receive no

more than 4.5 days of sentence credit for each month of his

or her sentence of imprisonment; and

(vii) that a prisoner serving a sentence for

aggravated domestic battery shall receive no more than 4.5

days of sentence credit for each month of his or her

sentence of imprisonment.

(2.1) For all offenses, other than those enumerated in

subdivision (a)(2)(i), (ii), or (iii) committed on or after

June 19, 1998 or subdivision (a)(2)(iv) committed on or after

June 23, 2005 (the effective date of Public Act 94-71) or

subdivision (a)(2)(v) committed on or after August 13, 2007

(the effective date of Public Act 95-134) or subdivision

(a)(2)(vi) committed on or after June 1, 2008 (the effective

date of Public Act 95-625) or subdivision (a)(2)(vii)

committed on or after July 23, 2010 (the effective date of

Public Act 96-1224), and other than the offense of aggravated

driving under the influence of alcohol, other drug or drugs,

or intoxicating compound or compounds, or any combination

thereof as defined in subparagraph (F) of paragraph (1) of

subsection (d) of Section 11-501 of the Illinois Vehicle Code,

and other than the offense of aggravated driving under the

influence of alcohol, other drug or drugs, or intoxicating

compound or compounds, or any combination thereof as defined

in subparagraph (C) of paragraph (1) of subsection (d) of

Section 11-501 of the Illinois Vehicle Code committed on or

after January 1, 2011 (the effective date of Public Act

96-1230), the rules and regulations shall provide that a

prisoner who is serving a term of imprisonment shall receive

one day of sentence credit for each day of his or her sentence

of imprisonment or recommitment under Section 3-3-9. Each day

of sentence credit shall reduce by one day the prisoner's

period of imprisonment or recommitment under Section 3-3-9.

(2.2) A prisoner serving a term of natural life

imprisonment or a prisoner who has been sentenced to death

shall receive no sentence credit.

(2.3) Except as provided in paragraph (4.7) of this

subsection (a), the rules and regulations on sentence credit

shall provide that a prisoner who is serving a sentence for

aggravated driving under the influence of alcohol, other drug

or drugs, or intoxicating compound or compounds, or any

combination thereof as defined in subparagraph (F) of

paragraph (1) of subsection (d) of Section 11-501 of the

Illinois Vehicle Code, shall receive no more than 4.5 days of

sentence credit for each month of his or her sentence of

imprisonment.

(2.4) Except as provided in paragraph (4.7) of this

subsection (a), the rules and regulations on sentence credit

shall provide with respect to the offenses of aggravated

battery with a machine gun or a firearm equipped with any

device or attachment designed or used for silencing the report

of a firearm or aggravated discharge of a machine gun or a

firearm equipped with any device or attachment designed or

used for silencing the report of a firearm, committed on or

after July 15, 1999 (the effective date of Public Act 91-121),

that a prisoner serving a sentence for any of these offenses

shall receive no more than 4.5 days of sentence credit for each

month of his or her sentence of imprisonment.

(2.5) Except as provided in paragraph (4.7) of this

subsection (a), the rules and regulations on sentence credit

shall provide that a prisoner who is serving a sentence for

aggravated arson committed on or after July 27, 2001 (the

effective date of Public Act 92-176) shall receive no more

than 4.5 days of sentence credit for each month of his or her

sentence of imprisonment.

(2.6) Except as provided in paragraph (4.7) of this

subsection (a), the rules and regulations on sentence credit

shall provide that a prisoner who is serving a sentence for

aggravated driving under the influence of alcohol, other drug

or drugs, or intoxicating compound or compounds or any

combination thereof as defined in subparagraph (C) of

paragraph (1) of subsection (d) of Section 11-501 of the

Illinois Vehicle Code committed on or after January 1, 2011

(the effective date of Public Act 96-1230) shall receive no

more than 4.5 days of sentence credit for each month of his or

her sentence of imprisonment.

(3) In addition to the sentence credits earned under

paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this

subsection (a), the rules and regulations shall also provide

that the Director may award up to 180 days of earned sentence

credit for prisoners serving a sentence of incarceration of

less than 5 years, and up to 365 days of earned sentence credit

for prisoners serving a sentence of 5 years or longer. The

Director may grant this credit for good conduct in specific

instances as the Director deems proper. The good conduct may

include, but is not limited to, compliance with the rules and

regulations of the Department, service to the Department,

service to a community, or service to the State.

Eligible inmates for an award of earned sentence credit

under this paragraph (3) may be selected to receive the credit

at the Director's or his or her designee's sole discretion.

Eligibility for the additional earned sentence credit under

this paragraph (3) may be based on, but is not limited to,

participation in programming offered by the Department as

appropriate for the prisoner based on the results of any

available risk/needs assessment or other relevant assessments

or evaluations administered by the Department using a

validated instrument, the circumstances of the crime,

demonstrated commitment to rehabilitation by a prisoner with a

history of conviction for a forcible felony enumerated in

Section 2-8 of the Criminal Code of 2012, the inmate's

behavior and improvements in disciplinary history while

incarcerated, and the inmate's commitment to rehabilitation,

including participation in programming offered by the

Department.

The Director shall not award sentence credit under this

paragraph (3) to an inmate unless the inmate has served a

minimum of 60 days of the sentence; except nothing in this

paragraph shall be construed to permit the Director to extend

an inmate's sentence beyond that which was imposed by the

court. Prior to awarding credit under this paragraph (3), the

Director shall make a written determination that the inmate:

(A) is eligible for the earned sentence credit;

(B) has served a minimum of 60 days, or as close to 60

days as the sentence will allow;

(B-1) has received a risk/needs assessment or other

relevant evaluation or assessment administered by the

Department using a validated instrument; and

(C) has met the eligibility criteria established by

rule for earned sentence credit.

The Director shall determine the form and content of the

written determination required in this subsection.

(3.5) The Department shall provide annual written reports

to the Governor and the General Assembly on the award of earned

sentence credit no later than February 1 of each year. The

Department must publish both reports on its website within 48

hours of transmitting the reports to the Governor and the

General Assembly. The reports must include:

(A) the number of inmates awarded earned sentence

credit;

(B) the average amount of earned sentence credit

awarded;

(C) the holding offenses of inmates awarded earned

sentence credit; and

(D) the number of earned sentence credit revocations.

(4)(A) Except as provided in paragraph (4.7) of this

subsection (a), the rules and regulations shall also provide

that any prisoner who is engaged full-time in substance abuse

programs, correctional industry assignments, educational

programs, work-release programs or activities in accordance

with Article 13 of Chapter III of this Code, behavior

modification programs, life skills courses, or re-entry

planning provided by the Department under this paragraph (4)

and satisfactorily completes the assigned program as

determined by the standards of the Department, shall receive

one day of sentence credit for each day in which that prisoner

is engaged in the activities described in this paragraph. The

rules and regulations shall also provide that sentence credit

may be provided to an inmate who was held in pre-trial

detention prior to his or her current commitment to the

Department of Corrections and successfully completed a

full-time, 60-day or longer substance abuse program,

educational program, behavior modification program, life

skills course, or re-entry planning provided by the county

department of corrections or county jail. Calculation of this

county program credit shall be done at sentencing as provided

in Section 5-4.5-100 of this Code and shall be included in the

sentencing order. The rules and regulations shall also provide

that sentence credit may be provided to an inmate who is in

compliance with programming requirements in an adult

transition center.

(B) The Department shall award sentence credit under this

paragraph (4) accumulated prior to January 1, 2020 (the

effective date of Public Act 101-440) in an amount specified

in subparagraph (C) of this paragraph (4) to an inmate serving

a sentence for an offense committed prior to June 19, 1998, if

the Department determines that the inmate is entitled to this

sentence credit, based upon:

(i) documentation provided by the Department that the

inmate engaged in any full-time substance abuse programs,

correctional industry assignments, educational programs,

behavior modification programs, life skills courses, or

re-entry planning provided by the Department under this

paragraph (4) and satisfactorily completed the assigned

program as determined by the standards of the Department

during the inmate's current term of incarceration; or

(ii) the inmate's own testimony in the form of an

affidavit or documentation, or a third party's

documentation or testimony in the form of an affidavit

that the inmate likely engaged in any full-time substance

abuse programs, correctional industry assignments,

educational programs, behavior modification programs, life

skills courses, or re-entry planning provided by the

Department under paragraph (4) and satisfactorily

completed the assigned program as determined by the

standards of the Department during the inmate's current

term of incarceration.

(C) If the inmate can provide documentation that he or she

is entitled to sentence credit under subparagraph (B) in

excess of 45 days of participation in those programs, the

inmate shall receive 90 days of sentence credit. If the inmate

cannot provide documentation of more than 45 days of

participation in those programs, the inmate shall receive 45

days of sentence credit. In the event of a disagreement

between the Department and the inmate as to the amount of

credit accumulated under subparagraph (B), if the Department

provides documented proof of a lesser amount of days of

participation in those programs, that proof shall control. If

the Department provides no documentary proof, the inmate's

proof as set forth in clause (ii) of subparagraph (B) shall

control as to the amount of sentence credit provided.

(D) If the inmate has been convicted of a sex offense as

defined in Section 2 of the Sex Offender Registration Act,

sentencing credits under subparagraph (B) of this paragraph

(4) shall be awarded by the Department only if the conditions

set forth in paragraph (4.6) of subsection (a) are satisfied.

No inmate serving a term of natural life imprisonment shall

receive sentence credit under subparagraph (B) of this

paragraph (4).

Educational, vocational, substance abuse, behavior

modification programs, life skills courses, re-entry planning,

and correctional industry programs under which sentence credit

may be earned under this paragraph (4) and paragraph (4.1) of

this subsection (a) shall be evaluated by the Department on

the basis of documented standards. The Department shall report

the results of these evaluations to the Governor and the

General Assembly by September 30th of each year. The reports

shall include data relating to the recidivism rate among

program participants.

Availability of these programs shall be subject to the

limits of fiscal resources appropriated by the General

Assembly for these purposes. Eligible inmates who are denied

immediate admission shall be placed on a waiting list under

criteria established by the Department. The rules and

regulations shall provide that a prisoner who has been placed

on a waiting list but is transferred for non-disciplinary

reasons before beginning a program shall receive priority

placement on the waitlist for appropriate programs at the new

facility. The inability of any inmate to become engaged in any

such programs by reason of insufficient program resources or

for any other reason established under the rules and

regulations of the Department shall not be deemed a cause of

action under which the Department or any employee or agent of

the Department shall be liable for damages to the inmate. The

rules and regulations shall provide that a prisoner who begins

an educational, vocational, substance abuse, work-release

programs or activities in accordance with Article 13 of

Chapter III of this Code, behavior modification program, life

skills course, re-entry planning, or correctional industry

programs but is unable to complete the program due to illness,

disability, transfer, lockdown, or another reason outside of

the prisoner's control shall receive prorated sentence credits

for the days in which the prisoner did participate.

(4.1) Except as provided in paragraph (4.7) of this

subsection (a), the rules and regulations shall also provide

that an additional 90 days of sentence credit shall be awarded

to any prisoner who passes high school equivalency testing

while the prisoner is committed to the Department of

Corrections. The sentence credit awarded under this paragraph

(4.1) shall be in addition to, and shall not affect, the award

of sentence credit under any other paragraph of this Section,

but shall also be pursuant to the guidelines and restrictions

set forth in paragraph (4) of subsection (a) of this Section.

The sentence credit provided for in this paragraph shall be

available only to those prisoners who have not previously

earned a high school diploma or a State of Illinois High School

Diploma high school equivalency certificate. If, after an

award of the high school equivalency testing sentence credit

has been made, the Department determines that the prisoner was

not eligible, then the award shall be revoked. The Department

may also award 90 days of sentence credit to any committed

person who passed high school equivalency testing while he or

she was held in pre-trial detention prior to the current

commitment to the Department of Corrections. Except as

provided in paragraph (4.7) of this subsection (a), the rules

and regulations shall provide that an additional 120 days of

sentence credit shall be awarded to any prisoner who obtains

an associate degree while the prisoner is committed to the

Department of Corrections, regardless of the date that the

associate degree was obtained, including if prior to July 1,

2021 (the effective date of Public Act 101-652). The sentence

credit awarded under this paragraph (4.1) shall be in addition

to, and shall not affect, the award of sentence credit under

any other paragraph of this Section, but shall also be under

the guidelines and restrictions set forth in paragraph (4) of

subsection (a) of this Section. The sentence credit provided

for in this paragraph (4.1) shall be available only to those

prisoners who have not previously earned an associate degree

prior to the current commitment to the Department of

Corrections. If, after an award of the associate degree

sentence credit has been made and the Department determines

that the prisoner was not eligible, then the award shall be

revoked. The Department may also award 120 days of sentence

credit to any committed person who earned an associate degree

while he or she was held in pre-trial detention prior to the

current commitment to the Department of Corrections.

Except as provided in paragraph (4.7) of this subsection

(a), the rules and regulations shall provide that an

additional 180 days of sentence credit shall be awarded to any

prisoner who obtains a bachelor's degree while the prisoner is

committed to the Department of Corrections. The sentence

credit awarded under this paragraph (4.1) shall be in addition

to, and shall not affect, the award of sentence credit under

any other paragraph of this Section, but shall also be under

the guidelines and restrictions set forth in paragraph (4) of

this subsection (a). The sentence credit provided for in this

paragraph shall be available only to those prisoners who have

not earned a bachelor's degree prior to the current commitment

to the Department of Corrections. If, after an award of the

bachelor's degree sentence credit has been made, the

Department determines that the prisoner was not eligible, then

the award shall be revoked. The Department may also award 180

days of sentence credit to any committed person who earned a

bachelor's degree while he or she was held in pre-trial

detention prior to the current commitment to the Department of

Corrections.

Except as provided in paragraph (4.7) of this subsection

(a), the rules and regulations shall provide that an

additional 180 days of sentence credit shall be awarded to any

prisoner who obtains a master's or professional degree while

the prisoner is committed to the Department of Corrections.

The sentence credit awarded under this paragraph (4.1) shall

be in addition to, and shall not affect, the award of sentence

credit under any other paragraph of this Section, but shall

also be under the guidelines and restrictions set forth in

paragraph (4) of this subsection (a). The sentence credit

provided for in this paragraph shall be available only to

those prisoners who have not previously earned a master's or

professional degree prior to the current commitment to the

Department of Corrections. If, after an award of the master's

or professional degree sentence credit has been made, the

Department determines that the prisoner was not eligible, then

the award shall be revoked. The Department may also award 180

days of sentence credit to any committed person who earned a

master's or professional degree while he or she was held in

pre-trial detention prior to the current commitment to the

Department of Corrections.

(4.2) The rules and regulations shall also provide that

any prisoner engaged in self-improvement programs, volunteer

work, or work assignments that are not otherwise eligible

activities under paragraph (4), shall receive up to 0.5 days

of sentence credit for each day in which the prisoner is

engaged in activities described in this paragraph.

(4.5) The rules and regulations on sentence credit shall

also provide that when the court's sentencing order recommends

a prisoner for substance abuse treatment and the crime was

committed on or after September 1, 2003 (the effective date of

Public Act 93-354), the prisoner shall receive no sentence

credit awarded under clause (3) of this subsection (a) unless

he or she participates in and completes a substance abuse

treatment program. The Director may waive the requirement to

participate in or complete a substance abuse treatment program

in specific instances if the prisoner is not a good candidate

for a substance abuse treatment program for medical,

programming, or operational reasons. Availability of substance

abuse treatment shall be subject to the limits of fiscal

resources appropriated by the General Assembly for these

purposes. If treatment is not available and the requirement to

participate and complete the treatment has not been waived by

the Director, the prisoner shall be placed on a waiting list

under criteria established by the Department. The Director may

allow a prisoner placed on a waiting list to participate in and

complete a substance abuse education class or attend substance

abuse self-help meetings in lieu of a substance abuse

treatment program. A prisoner on a waiting list who is not

placed in a substance abuse program prior to release may be

eligible for a waiver and receive sentence credit under clause

(3) of this subsection (a) at the discretion of the Director.

(4.6) The rules and regulations on sentence credit shall

also provide that a prisoner who has been convicted of a sex

offense as defined in Section 2 of the Sex Offender

Registration Act shall receive no sentence credit unless he or

she either has successfully completed or is participating in

sex offender treatment as defined by the Sex Offender

Management Board. However, prisoners who are waiting to

receive treatment, but who are unable to do so due solely to

the lack of resources on the part of the Department, may, at

the Director's sole discretion, be awarded sentence credit at

a rate as the Director shall determine.

(4.7) On or after January 1, 2018 (the effective date of

Public Act 100-3), sentence credit under paragraph (3), (4),

or (4.1) of this subsection (a) may be awarded to a prisoner

who is serving a sentence for an offense described in

paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned

on or after January 1, 2018 (the effective date of Public Act

100-3); provided, the award of the credits under this

paragraph (4.7) shall not reduce the sentence of the prisoner

to less than the following amounts:

(i) 85% of his or her sentence if the prisoner is

required to serve 85% of his or her sentence; or

(ii) 60% of his or her sentence if the prisoner is

required to serve 75% of his or her sentence, except if the

prisoner is serving a sentence for gunrunning his or her

sentence shall not be reduced to less than 75%.

(iii) 100% of his or her sentence if the prisoner is

required to serve 100% of his or her sentence.

(5) Whenever the Department is to release any inmate

earlier than it otherwise would because of a grant of earned

sentence credit under paragraph (3) of subsection (a) of this

Section given at any time during the term, the Department

shall give reasonable notice of the impending release not less

than 14 days prior to the date of the release to the State's

Attorney of the county where the prosecution of the inmate

took place, and if applicable, the State's Attorney of the

county into which the inmate will be released. The Department

must also make identification information and a recent photo

of the inmate being released accessible on the Internet by

means of a hyperlink labeled "Community Notification of Inmate

Early Release" on the Department's World Wide Web homepage.

The identification information shall include the inmate's:

name, any known alias, date of birth, physical

characteristics, commitment offense, and county where

conviction was imposed. The identification information shall

be placed on the website within 3 days of the inmate's release

and the information may not be removed until either:

completion of the first year of mandatory supervised release

or return of the inmate to custody of the Department.

(b) Whenever a person is or has been committed under

several convictions, with separate sentences, the sentences

shall be construed under Section 5-8-4 in granting and

forfeiting of sentence credit.

(c) (1) The Department shall prescribe rules and

regulations for revoking sentence credit, including revoking

sentence credit awarded under paragraph (3) of subsection (a)

of this Section. The Department shall prescribe rules and

regulations establishing and requiring the use of a sanctions

matrix for revoking sentence credit. The Department shall

prescribe rules and regulations for suspending or reducing the

rate of accumulation of sentence credit for specific rule

violations, during imprisonment. These rules and regulations

shall provide that no inmate may be penalized more than one

year of sentence credit for any one infraction.

(2) When the Department seeks to revoke, suspend, or

reduce the rate of accumulation of any sentence credits for an

alleged infraction of its rules, it shall bring charges

therefor against the prisoner sought to be so deprived of

sentence credits before the Prisoner Review Board as provided

in subparagraph (a)(4) of Section 3-3-2 of this Code, if the

amount of credit at issue exceeds 30 days, whether from one

infraction or cumulatively from multiple infractions arising

out of a single event, or when, during any 12-month period, the

cumulative amount of credit revoked exceeds 30 days except

where the infraction is committed or discovered within 60 days

of scheduled release. In those cases, the Department of

Corrections may revoke up to 30 days of sentence credit. The

Board may subsequently approve the revocation of additional

sentence credit, if the Department seeks to revoke sentence

credit in excess of 30 days. However, the Board shall not be

empowered to review the Department's decision with respect to

the loss of 30 days of sentence credit within any calendar year

for any prisoner or to increase any penalty beyond the length

requested by the Department.

(3) The Director of the Department of Corrections, in

appropriate cases, may restore sentence credits which have

been revoked, suspended, or reduced. The Department shall

prescribe rules and regulations governing the restoration of

sentence credits. These rules and regulations shall provide

for the automatic restoration of sentence credits following a

period in which the prisoner maintains a record without a

disciplinary violation.

Nothing contained in this Section shall prohibit the

Prisoner Review Board from ordering, pursuant to Section

3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the

sentence imposed by the court that was not served due to the

accumulation of sentence credit.

(d) If a lawsuit is filed by a prisoner in an Illinois or

federal court against the State, the Department of

Corrections, or the Prisoner Review Board, or against any of

their officers or employees, and the court makes a specific

finding that a pleading, motion, or other paper filed by the

prisoner is frivolous, the Department of Corrections shall

conduct a hearing to revoke up to 180 days of sentence credit

by bringing charges against the prisoner sought to be deprived

of the sentence credits before the Prisoner Review Board as

provided in subparagraph (a)(8) of Section 3-3-2 of this Code.

If the prisoner has not accumulated 180 days of sentence

credit at the time of the finding, then the Prisoner Review

Board may revoke all sentence credit accumulated by the

prisoner.

For purposes of this subsection (d):

(1) "Frivolous" means that a pleading, motion, or

other filing which purports to be a legal document filed

by a prisoner in his or her lawsuit meets any or all of the

following criteria:

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

fact;

(B) it is being presented for any improper

purpose, such as to harass or to cause unnecessary

delay or needless increase in the cost of litigation;

(C) the claims, defenses, and other legal

contentions therein are not warranted by existing law

or by a nonfrivolous argument for the extension,

modification, or reversal of existing law or the

establishment of new law;

(D) the allegations and other factual contentions

do not have evidentiary support or, if specifically so

identified, are not likely to have evidentiary support

after a reasonable opportunity for further

investigation or discovery; or

(E) the denials of factual contentions are not

warranted on the evidence, or if specifically so

identified, are not reasonably based on a lack of

information or belief.

(2) "Lawsuit" means a motion pursuant to Section 116-3

of the Code of Criminal Procedure of 1963, a habeas corpus

action under Article X of the Code of Civil Procedure or

under federal law (28 U.S.C. 2254), a petition for claim

under the Court of Claims Act, an action under the federal

Civil Rights Act (42 U.S.C. 1983), or a second or

subsequent petition for post-conviction relief under

Article 122 of the Code of Criminal Procedure of 1963

whether filed with or without leave of court or a second or

subsequent petition for relief from judgment under Section

2-1401 of the Code of Civil Procedure.

(e) Nothing in Public Act 90-592 or 90-593 affects the

validity of Public Act 89-404.

(f) Whenever the Department is to release any inmate who

has been convicted of a violation of an order of protection

under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or

the Criminal Code of 2012, earlier than it otherwise would

because of a grant of sentence credit, the Department, as a

condition of release, shall require that the person, upon

release, be placed under electronic surveillance as provided

in Section 5-8A-7 of this Code.

(Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21;

102-28, eff. 6-25-21; 102-558, eff. 8-20-21.)

(730 ILCS 5/3-6-8)

Sec. 3-6-8. High school equivalency testing programs. The

Department of Corrections shall develop and establish a

program in the Adult Division designed to increase the number

of committed persons enrolled in programs for high school

equivalency testing and pursuing State of Illinois High School

Diplomas high school equivalency certificates by at least 100%

over the 4-year period following the effective date of this

amendatory Act of the 94th General Assembly. Pursuant to the

program, each adult institution and facility shall report

annually to the Director of Corrections on the number of

committed persons enrolled in high school equivalency testing

programs and those who pass high school equivalency testing,

and the number of committed persons in the Adult Division who

are on waiting lists for participation in the high school

equivalency testing programs.

(Source: P.A. 98-718, eff. 1-1-15.)

(730 ILCS 5/5-8-1.3)

Sec. 5-8-1.3. Pilot residential and transition treatment

program for women.

(a) The General Assembly recognizes:

(1) that drug-offending women with children who have

been in and out of the criminal justice system for years

are a serious problem;

(2) that the intergenerational cycle of women

continuously being part of the criminal justice system

needs to be broken;

(3) that the effects of drug offending women with

children disrupts family harmony and creates an atmosphere

that is not conducive to healthy childhood development;

(4) that there is a need for an effective residential

community supervision model to provide help to women to

become drug free, recover from trauma, focus on healthy

mother-child relationships, and establish economic

independence and long-term support;

(5) that certain non-violent women offenders with

children eligible for sentences of incarceration, may

benefit from the rehabilitative aspects of gender

responsive treatment programs and services. This Section

shall not be construed to allow violent offenders to

participate in a treatment program.

(b) Under the direction of the sheriff and with the

approval of the county board of commissioners, the sheriff, in

any county with more than 3,000,000 inhabitants, may operate a

residential and transition treatment program for women

established by the Illinois Department of Corrections if

funding has been provided by federal, local or private

entities. If the court finds during the sentencing hearing

conducted under Section 5-4-1 that a woman convicted of a

felony meets the eligibility requirements of the sheriff's

residential and transition treatment program for women, the

court may refer the offender to the sheriff's residential and

transition treatment program for women for consideration as a

participant as an alternative to incarceration in the

penitentiary. The sheriff shall be responsible for supervising

all women who are placed in the residential and transition

treatment program for women for the 12-month period. In the

event that the woman is not accepted for placement in the

sheriff's residential and transition treatment program for

women, the court shall proceed to sentence the woman to any

other disposition authorized by this Code. If the woman does

not successfully complete the residential and transition

treatment program for women, the woman's failure to do so

shall constitute a violation of the sentence to the

residential and transition treatment program for women.

(c) In order to be eligible to be a participant in the

pilot residential and transition treatment program for women,

the participant shall meet all of the following conditions:

(1) The woman has not been convicted of a violent

crime as defined in subsection (c) of Section 3 of the

Rights of Crime Victims and Witnesses Act, a Class X

felony, first or second degree murder, armed violence,

aggravated kidnapping, criminal sexual assault, aggravated

criminal sexual abuse or a subsequent conviction for

criminal sexual abuse, forcible detention, or arson and

has not been previously convicted of any of those

offenses.

(2) The woman must undergo an initial assessment

evaluation to determine the treatment and program plan.

(3) The woman was recommended and accepted for

placement in the pilot residential and transition

treatment program for women by the Department of

Corrections and has consented in writing to participation

in the program under the terms and conditions of the

program. The Department of Corrections may consider

whether space is available.

(d) The program may include a substance abuse treatment

program designed for women offenders, mental health, trauma,

and medical treatment; parenting skills and family

relationship counseling, preparation for a State of Illinois

High School Diploma high school equivalency or vocational

certificate; life skills program; job readiness and job skill

training, and a community transition development plan.

(e) With the approval of the Department of Corrections,

the sheriff shall issue requirements for the program and

inform the participants who shall sign an agreement to adhere

to all rules and all requirements for the pilot residential

and transition treatment program.

(f) Participation in the pilot residential and transition

treatment program for women shall be for a period not to exceed

12 months. The period may not be reduced by accumulation of

good time.

(g) If the woman successfully completes the pilot

residential and transition treatment program for women, the

sheriff shall notify the Department of Corrections, the court,

and the State's Attorney of the county of the woman's

successful completion.

(h) A woman may be removed from the pilot residential and

transition treatment program for women for violation of the

terms and conditions of the program or in the event she is

unable to participate. The failure to complete the program

shall be deemed a violation of the conditions of the program.

The sheriff shall give notice to the Department of

Corrections, the court, and the State's Attorney of the

woman's failure to complete the program. The Department of

Corrections or its designee shall file a petition alleging

that the woman has violated the conditions of the program with

the court. The State's Attorney may proceed on the petition

under Section 5-4-1 of this Code.

(i) The conditions of the pilot residential and transition

treatment program for women shall include that the woman while

in the program:

(1) not violate any criminal statute of any

jurisdiction;

(2) report or appear in person before any person or

agency as directed by the court, the sheriff, or

Department of Corrections;

(3) refrain from possessing a firearm or other

dangerous weapon;

(4) consent to drug testing;

(5) not leave the State without the consent of the

court or, in circumstances in which reason for the absence

is of such an emergency nature that prior consent by the

court is not possible, without prior notification and

approval of the Department of Corrections;

(6) upon placement in the program, must agree to

follow all requirements of the program.

(j) The Department of Corrections or the sheriff may

terminate the program at any time by mutual agreement or with

30 days prior written notice by either the Department of

Corrections or the sheriff.

(k) The Department of Corrections may enter into a joint

contract with a county with more than 3,000,000 inhabitants to

establish and operate a pilot residential and treatment

program for women.

(l) The Director of the Department of Corrections shall

have the authority to develop rules to establish and operate a

pilot residential and treatment program for women that shall

include criteria for selection of the participants of the

program in conjunction and approval by the sentencing court.

Violent crime offenders are not eligible to participate in the

program.

(m) The Department shall report to the Governor and the

General Assembly before September 30th of each year on the

pilot residential and treatment program for women, including

the composition of the program by offenders, sentence, age,

offense, and race. Reporting is only required if the pilot

residential and treatment program for women is operational.

(n) The Department of Corrections or the sheriff may

terminate the program with 30 days prior written notice.

(o) A county with more than 3,000,000 inhabitants is

authorized to apply for funding from federal, local or private

entities to create a Residential and Treatment Program for

Women. This sentencing option may not go into effect until the

funding is secured for the program and the program has been

established.

(Source: P.A. 97-800, eff. 7-13-12; 98-718, eff. 1-1-15.)

INDEX Statutes amended in order of appearance