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| | SB3792 Engrossed | | LRB102 25808 CMG 35148 b |
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1 | | AN ACT concerning education.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Children and Family Services Act is amended |
5 | | by changing Sections 8 and 35.10 as follows:
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6 | | (20 ILCS 505/8) (from Ch. 23, par. 5008)
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7 | | Sec. 8. Scholarships and fee waivers; tuition waiver. |
8 | | (a) Each year the Department shall select a minimum of 53 |
9 | | students (at least 4 of whom shall be children of veterans) to |
10 | | receive scholarships and fee waivers which will enable them to |
11 | | attend and complete their post-secondary education at a |
12 | | community college, university, or college. Youth shall be |
13 | | selected from among the youth for whom the Department has |
14 | | court-ordered legal responsibility, youth who aged out of care |
15 | | at age 18 or older, or youth formerly under care
who have been |
16 | | adopted or who have been placed in private guardianship. |
17 | | Recipients must have earned a high school diploma from an |
18 | | accredited institution or a State of Illinois High School |
19 | | Diploma high school equivalency certificate or diploma or have |
20 | | met the State criteria for high school graduation before the |
21 | | start of the school year for which they are applying for the |
22 | | scholarship and waiver. Scholarships and fee waivers shall be |
23 | | available to students for at least 5 years, provided they are |
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1 | | continuing to work toward graduation. Unused scholarship |
2 | | dollars and fee waivers shall be reallocated to new |
3 | | recipients. No later than January 1, 2015, the Department |
4 | | shall promulgate rules identifying the criteria for |
5 | | "continuing to work toward graduation" and for reallocating |
6 | | unused scholarships and fee waivers. Selection shall be made |
7 | | on the
basis of several factors, including, but not limited |
8 | | to, scholastic record, aptitude, and general interest in |
9 | | higher
education. The selection committee shall include at |
10 | | least 2 individuals formerly under the care of the Department |
11 | | who have completed their post-secondary education. In |
12 | | accordance with this Act, tuition scholarships and fee waivers
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13 | | shall be available to such students at any university or |
14 | | college maintained by
the State of Illinois. The Department |
15 | | shall provide maintenance and school
expenses, except tuition |
16 | | and fees, during the academic years to supplement
the |
17 | | students' earnings or other resources so long as they |
18 | | consistently
maintain scholastic records which are acceptable |
19 | | to their schools and to
the Department. Students may attend |
20 | | other colleges and universities, if
scholarships are awarded |
21 | | them, and receive the same benefits for maintenance
and other |
22 | | expenses as those students attending any Illinois State |
23 | | community
college, university, or college under this Section. |
24 | | Beginning with recipients receiving scholarships and waivers |
25 | | in August 2014, the Department shall collect data and report |
26 | | annually to the General Assembly on measures of success, |
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1 | | including (i) the number of youth applying for and receiving |
2 | | scholarships or waivers, (ii) the percentage of scholarship or |
3 | | waiver recipients who complete their college or university |
4 | | degree within 5 years, (iii) the average length of time it |
5 | | takes for scholarship or waiver recipients to complete their |
6 | | college or university degree, (iv) the reasons that |
7 | | scholarship or waiver recipients are discharged or fail to |
8 | | complete their college or university degree, (v) when |
9 | | available, youths' outcomes 5 years and 10 years after being |
10 | | awarded the scholarships or waivers, and (vi) budget |
11 | | allocations for maintenance and school expenses incurred by |
12 | | the Department.
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13 | | (b) Youth shall receive a tuition and fee waiver to assist |
14 | | them in attending and completing their post-secondary |
15 | | education at any community college, university, or college |
16 | | maintained by the State of Illinois if they are youth for whom |
17 | | the Department has court-ordered legal responsibility, youth |
18 | | who aged out of care at age 18 or older, or youth formerly |
19 | | under care who have been adopted and were the subject of an |
20 | | adoption assistance agreement or who have been placed in |
21 | | private guardianship and were the subject of a subsidized |
22 | | guardianship agreement. |
23 | | To receive a waiver under this subsection, an applicant |
24 | | must: |
25 | | (1) have earned a high school diploma from an
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26 | | accredited institution or a State of Illinois High School |
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1 | | Diploma high school equivalency
certificate or have met |
2 | | the State criteria for high school
graduation before the |
3 | | start of the school year for which the applicant is |
4 | | applying for the waiver; |
5 | | (2) enroll in a
qualifying post-secondary education |
6 | | before the applicant reaches the age
of 26; and |
7 | | (3) apply for federal and State grant assistance by |
8 | | completing the Free Application for Federal Student Aid. |
9 | | The community college or public university
that an |
10 | | applicant attends must waive any tuition and fee amounts that |
11 | | exceed the amounts paid to the applicant under the federal |
12 | | Pell Grant Program or the State's Monetary Award Program. |
13 | | Tuition and fee waivers shall be available to a student |
14 | | for at least the first 5 years the student is enrolled in a |
15 | | community college, university, or college maintained by the |
16 | | State of Illinois so long as the student makes satisfactory |
17 | | progress toward completing his or her degree. The age |
18 | | requirement and 5-year cap on tuition and fee waivers under |
19 | | this subsection shall be waived and eligibility for tuition |
20 | | and fee waivers shall be extended for any applicant or student |
21 | | who the Department determines was unable to enroll in a |
22 | | qualifying post-secondary school or complete an academic term |
23 | | because the applicant or student: (i) was called into active |
24 | | duty with the United States Armed Forces; (ii) was deployed |
25 | | for service in the United States Public Health Service |
26 | | Commissioned Corps; or (iii) volunteered in the Peace Corps or |
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1 | | the AmeriCorps. The Department shall extend eligibility for a |
2 | | qualifying applicant or student by the total number of months |
3 | | or years during which the applicant or student served on |
4 | | active duty with the United States Armed Forces, was deployed |
5 | | for service in the United States Public Health Service |
6 | | Commissioned Corps, or volunteered in the Peace Corps or the |
7 | | AmeriCorps. The number of months an applicant or student |
8 | | served on active duty with the United States Armed Forces |
9 | | shall be rounded up to the next higher year to determine the |
10 | | maximum length of time to extend eligibility for the applicant |
11 | | or student. |
12 | | The Department may provide the student with a stipend to |
13 | | cover maintenance and school expenses, except tuition and |
14 | | fees, during the academic years to supplement the student's |
15 | | earnings or other resources so long as the student |
16 | | consistently maintains scholastic records which are acceptable |
17 | | to the student's school and to the Department. |
18 | | The Department shall develop outreach programs to ensure |
19 | | that youths who qualify for the tuition and fee waivers under |
20 | | this subsection who are high school students in grades 9 |
21 | | through 12 or who are enrolled in a high school equivalency |
22 | | testing program are aware of the availability of the tuition |
23 | | and fee waivers. |
24 | | (c) Subject to appropriation, the Department shall provide |
25 | | eligible youth an apprenticeship stipend to cover those costs |
26 | | associated with entering and sustaining through completion an |
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1 | | apprenticeship, including, but not limited to fees, tuition |
2 | | for classes, work clothes, rain gear, boots, and |
3 | | occupation-specific tools. The following youth may be eligible |
4 | | for the apprenticeship stipend provided under this subsection: |
5 | | youth for whom the Department has court-ordered legal |
6 | | responsibility; youth who aged out of care at age 18 or older; |
7 | | or youth formerly under care who have been adopted and were the |
8 | | subject of an adoption assistance agreement or who have been |
9 | | placed in private guardianship and were the subject of a |
10 | | subsidized guardianship agreement. |
11 | | To receive a stipend under this subsection, an applicant |
12 | | must: |
13 | | (1) be enrolled in an apprenticeship training program |
14 | | approved or recognized by the Illinois Department of |
15 | | Employment Security or an apprenticeship program approved |
16 | | by the United States Department of Labor; |
17 | | (2) not be a recipient of a scholarship or fee waiver |
18 | | under subsection (a) or (b); and |
19 | | (3) be under the age of 26 before enrolling in a |
20 | | qualified apprenticeship program. |
21 | | Apprenticeship stipends shall be available to an eligible |
22 | | youth for a maximum of 5 years after the youth enrolls in a |
23 | | qualifying apprenticeship program so long as the youth makes |
24 | | satisfactory progress toward completing his or her |
25 | | apprenticeship. The age requirement and 5-year cap on the |
26 | | apprenticeship stipend provided under this subsection shall be |
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1 | | extended for any applicant who the Department determines was |
2 | | unable to enroll in a qualifying apprenticeship program |
3 | | because the applicant: (i) was called into active duty with |
4 | | the United States Armed Forces; (ii) was deployed for service |
5 | | in the United States Public Health Service Commissioned Corps; |
6 | | or (iii) volunteered in the Peace Corps or the AmeriCorps. The |
7 | | Department shall extend eligibility for a qualifying applicant |
8 | | by the total number of months or years during which the |
9 | | applicant served on active duty with the United States Armed |
10 | | Forces, was deployed for service in the United States Public |
11 | | Health Service Commissioned Corps, or volunteered in the Peace |
12 | | Corps or the AmeriCorps. The number of months an applicant |
13 | | served on active duty with the United States Armed Forces |
14 | | shall be rounded up to the next higher year to determine the |
15 | | maximum length of time to extend eligibility for the |
16 | | applicant. |
17 | | The Department shall develop outreach programs to ensure |
18 | | that youths who qualify for the apprenticeship stipends under |
19 | | this subsection who are high school students in grades 9 |
20 | | through 12 or who are enrolled in a high school equivalency |
21 | | testing program are aware of the availability of the |
22 | | apprenticeship stipend. |
23 | | (Source: P.A. 100-1045, eff. 1-1-19; 101-558, eff. 1-1-20 .)
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24 | | (20 ILCS 505/35.10) |
25 | | Sec. 35.10. Documents necessary for adult living. The |
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1 | | Department shall assist a youth in care in identifying and |
2 | | obtaining documents necessary to function as an independent |
3 | | adult prior to the closure of the youth's case to terminate |
4 | | wardship as provided in Section 2-31 of the Juvenile Court Act |
5 | | of 1987. These necessary documents shall include, but not be |
6 | | limited to, any of the following: |
7 | | (1) State identification card or driver's license. |
8 | | (2) Social Security card. |
9 | | (3) Medical records, including, but not limited to, |
10 | | health passport, dental records, immunization records, |
11 | | name and contact information for all current medical, |
12 | | dental, and mental health providers, and a signed |
13 | | certification that the Department provided the youth with |
14 | | education on executing a healthcare power of attorney. |
15 | | (4) Medicaid card or other health eligibility |
16 | | documentation. |
17 | | (5) Certified copy of birth certificate. |
18 | | (6) Any applicable religious documents. |
19 | | (7) Voter registration card. |
20 | | (8) Immigration, citizenship, or naturalization |
21 | | documentation, if applicable. |
22 | | (9) Death certificates of parents, if applicable. |
23 | | (10) Life book or compilation of personal history and |
24 | | photographs. |
25 | | (11) List of known relatives with relationships, |
26 | | addresses, telephone numbers, and other contact |
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1 | | information, with the permission of the involved relative. |
2 | | (12) Resume. |
3 | | (13) Educational records, including list of schools |
4 | | attended, and transcript, high school diploma, or State of |
5 | | Illinois High School Diploma high school equivalency |
6 | | certificate . |
7 | | (14) List of placements while in care. |
8 | | (15) List of community resources with referral |
9 | | information, including the Midwest Adoption Center for |
10 | | search and reunion services for former youth in care, |
11 | | whether or not they were adopted, and the Illinois Chapter |
12 | | of Foster Care Alumni of America. |
13 | | (16) All documents necessary to complete a Free |
14 | | Application for Federal Student Aid form, if applicable, |
15 | | or an application for State financial aid. |
16 | | If a court determines that a youth in care no longer requires |
17 | | wardship of the court and orders the wardship terminated and |
18 | | all proceedings under the Juvenile Court Act of 1987 |
19 | | respecting the youth in care finally closed and discharged, |
20 | | the Department shall ensure that the youth in care receives a |
21 | | copy of the court's order.
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22 | | (Source: P.A. 102-70, eff. 1-1-22 .)
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23 | | Section 10. The Illinois Youthbuild Act is amended by |
24 | | changing Section 25 as follows:
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1 | | (20 ILCS 1315/25)
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2 | | Sec. 25. Eligible participants. Eligible participants are |
3 | | youth
16 to 24 years old who are economically disadvantaged as |
4 | | defined in United
States Code, Title 29, Section 1503, and who |
5 | | are part of one of the following
groups:
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6 | | (a) Persons who are not attending any school and have |
7 | | not received a
secondary school diploma or its equivalent.
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8 | | (b) Persons currently enrolled in a traditional or |
9 | | alternative school
setting or a high school equivalency |
10 | | testing program and who are in danger of dropping out of |
11 | | school.
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12 | | (c) A member of a low-income family, a youth in foster |
13 | | care (including a youth aging-out of foster care), a youth |
14 | | offender, a youth with a disability, a child of |
15 | | incarcerated parents, or a migrant youth.
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16 | | Not more than 25% of the participants in the program may be
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17 | | individuals who do not meet the requirements of subsections |
18 | | (a) or (b),
but who are deficient in basic skills despite |
19 | | having attained a secondary school diploma, State of Illinois |
20 | | High School Diploma high school equivalency certificate , or |
21 | | other State-recognized equivalent, or who have been referred |
22 | | by a local secondary school for participation in a Youthbuild |
23 | | program leading to the attainment of a secondary school |
24 | | diploma.
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25 | | (Source: P.A. 98-718, eff. 1-1-15 .)
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1 | | Section 15. The Mental Health and Developmental |
2 | | Disabilities Administrative Act is amended by changing Section |
3 | | 15.4 as follows:
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4 | | (20 ILCS 1705/15.4)
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5 | | Sec. 15.4. Authorization for nursing delegation to permit |
6 | | direct care
staff to
administer medications. |
7 | | (a) This Section applies to (i) all residential programs |
8 | | for persons
with a
developmental disability in settings of 16 |
9 | | persons or fewer that are funded or
licensed by the Department |
10 | | of Human
Services and that distribute or administer |
11 | | medications, (ii) all
intermediate care
facilities for persons |
12 | | with developmental disabilities with 16 beds or fewer that are
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13 | | licensed by the
Department of Public Health, and (iii) all day |
14 | | programs certified to serve persons with developmental |
15 | | disabilities by the Department of Human Services. The |
16 | | Department of Human Services shall develop a
training program |
17 | | for authorized direct care staff to administer
medications |
18 | | under the
supervision and monitoring of a registered |
19 | | professional nurse.
The training program for authorized direct |
20 | | care staff shall include educational and oversight components |
21 | | for staff who work in day programs that are similar to those |
22 | | for staff who work in residential programs. This training |
23 | | program shall be developed in consultation with professional
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24 | | associations representing (i) physicians licensed to practice |
25 | | medicine in all
its branches, (ii) registered professional |
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1 | | nurses, and (iii) pharmacists.
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2 | | (b) For the purposes of this Section:
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3 | | "Authorized direct care staff" means non-licensed persons |
4 | | who have
successfully completed a medication administration |
5 | | training program
approved by the Department of Human Services |
6 | | and conducted by a nurse-trainer.
This authorization is |
7 | | specific to an individual receiving service in
a
specific |
8 | | agency and does not transfer to another agency.
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9 | | "Medications" means oral and topical medications, insulin |
10 | | in an injectable form, oxygen, epinephrine auto-injectors, and |
11 | | vaginal and rectal creams and suppositories. "Oral" includes |
12 | | inhalants and medications administered through enteral tubes, |
13 | | utilizing aseptic technique. "Topical" includes eye, ear, and |
14 | | nasal medications. Any controlled substances must be packaged |
15 | | specifically for an identified individual. |
16 | | "Insulin in an injectable form" means a subcutaneous |
17 | | injection via an insulin pen pre-filled by the manufacturer. |
18 | | Authorized direct care staff may administer insulin, as |
19 | | ordered by a physician, advanced practice registered nurse, or |
20 | | physician assistant, if: (i) the staff has successfully |
21 | | completed a Department-approved advanced training program |
22 | | specific to insulin administration developed in consultation |
23 | | with professional associations listed in subsection (a) of |
24 | | this Section, and (ii) the staff consults with the registered |
25 | | nurse, prior to administration, of any insulin dose that is |
26 | | determined based on a blood glucose test result. The |
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1 | | authorized direct care staff shall not: (i) calculate the |
2 | | insulin dosage needed when the dose is dependent upon a blood |
3 | | glucose test result, or (ii) administer insulin to individuals |
4 | | who require blood glucose monitoring greater than 3 times |
5 | | daily, unless directed to do so by the registered nurse. |
6 | | "Nurse-trainer training program" means a standardized, |
7 | | competency-based
medication administration train-the-trainer |
8 | | program provided by the
Department of Human Services and |
9 | | conducted by a Department of Human
Services master |
10 | | nurse-trainer for the purpose of training nurse-trainers to
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11 | | train persons employed or under contract to provide direct |
12 | | care or
treatment to individuals receiving services to |
13 | | administer
medications and provide self-administration of |
14 | | medication training to
individuals under the supervision and |
15 | | monitoring of the nurse-trainer. The
program incorporates |
16 | | adult learning styles, teaching strategies, classroom
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17 | | management, and a curriculum overview, including the ethical |
18 | | and legal
aspects of supervising those administering |
19 | | medications.
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20 | | "Self-administration of medications" means an individual |
21 | | administers
his or her own medications. To be considered |
22 | | capable to self-administer
their own medication, individuals |
23 | | must, at a minimum, be able to identify
their medication by |
24 | | size, shape, or color, know when they should take
the |
25 | | medication, and know the amount of medication to be taken each |
26 | | time.
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1 | | "Training program" means a standardized medication |
2 | | administration
training program approved by the Department of |
3 | | Human Services and
conducted by a registered professional |
4 | | nurse for the purpose of training
persons employed or under |
5 | | contract to provide direct care or treatment to
individuals |
6 | | receiving services to administer medications
and provide |
7 | | self-administration of medication training to individuals |
8 | | under
the delegation and supervision of a nurse-trainer. The |
9 | | program incorporates
adult learning styles, teaching |
10 | | strategies, classroom management,
curriculum overview, |
11 | | including ethical-legal aspects, and standardized
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12 | | competency-based evaluations on administration of medications |
13 | | and
self-administration of medication training programs.
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14 | | (c) Training and authorization of non-licensed direct care |
15 | | staff by
nurse-trainers must meet the requirements of this |
16 | | subsection.
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17 | | (1) Prior to training non-licensed direct care staff |
18 | | to administer
medication, the nurse-trainer shall perform |
19 | | the following for each
individual to whom medication will |
20 | | be administered by non-licensed
direct care staff:
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21 | | (A) An assessment of the individual's health |
22 | | history and
physical and mental status.
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23 | | (B) An evaluation of the medications prescribed.
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24 | | (2) Non-licensed authorized direct care staff shall |
25 | | meet the
following criteria:
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26 | | (A) Be 18 years of age or older.
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1 | | (B) Have completed high school or have a State of |
2 | | Illinois High School Diploma high school equivalency |
3 | | certificate .
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4 | | (C) Have demonstrated functional literacy.
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5 | | (D) Have satisfactorily completed the Health and |
6 | | Safety
component of a Department of Human Services |
7 | | authorized
direct care staff training program.
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8 | | (E) Have successfully completed the training |
9 | | program,
pass the written portion of the comprehensive |
10 | | exam, and score
100% on the competency-based |
11 | | assessment specific to the
individual and his or her |
12 | | medications.
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13 | | (F) Have received additional competency-based |
14 | | assessment
by the nurse-trainer as deemed necessary by |
15 | | the nurse-trainer
whenever a change of medication |
16 | | occurs or a new individual
that requires medication |
17 | | administration enters the program.
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18 | | (3) Authorized direct care staff shall be re-evaluated |
19 | | by a
nurse-trainer at least annually or more frequently at |
20 | | the discretion of
the registered professional nurse. Any |
21 | | necessary retraining shall be
to the extent that is |
22 | | necessary to ensure competency of the authorized
direct |
23 | | care staff to administer medication.
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24 | | (4) Authorization of direct care staff to administer |
25 | | medication
shall be revoked if, in the opinion of the |
26 | | registered professional nurse,
the authorized direct care |
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1 | | staff is no longer competent to administer
medication.
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2 | | (5) The registered professional nurse shall assess an
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3 | | individual's health status at least annually or more |
4 | | frequently at the
discretion of the registered |
5 | | professional nurse.
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6 | | (d) Medication self-administration shall meet the |
7 | | following
requirements:
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8 | | (1) As part of the normalization process, in order for |
9 | | each
individual to attain the highest possible level of |
10 | | independent
functioning, all individuals shall be |
11 | | permitted to participate in their
total health care |
12 | | program. This program shall include, but not be
limited |
13 | | to, individual training in preventive health and |
14 | | self-medication
procedures.
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15 | | (A) Every program shall adopt written policies and
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16 | | procedures for assisting individuals in obtaining |
17 | | preventative
health and self-medication skills in |
18 | | consultation with a
registered professional nurse, |
19 | | advanced practice registered nurse,
physician |
20 | | assistant, or physician licensed to practice medicine
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21 | | in all its branches.
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22 | | (B) Individuals shall be evaluated to determine |
23 | | their
ability to self-medicate by the nurse-trainer |
24 | | through the use of
the Department's required, |
25 | | standardized screening and assessment
instruments.
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26 | | (C) When the results of the screening and |
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1 | | assessment
indicate an individual not to be capable to |
2 | | self-administer his or her
own medications, programs |
3 | | shall be developed in consultation
with the Community |
4 | | Support Team or Interdisciplinary
Team to provide |
5 | | individuals with self-medication
administration.
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6 | | (2) Each individual shall be presumed to be competent |
7 | | to self-administer
medications if:
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8 | | (A) authorized by an order of a physician licensed |
9 | | to
practice medicine in all its branches, an advanced |
10 | | practice registered nurse, or a physician assistant; |
11 | | and
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12 | | (B) approved to self-administer medication by the
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13 | | individual's Community Support Team or
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14 | | Interdisciplinary Team, which includes a registered
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15 | | professional nurse or an advanced practice registered |
16 | | nurse.
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17 | | (e) Quality Assurance.
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18 | | (1) A registered professional nurse, advanced practice |
19 | | registered nurse,
licensed practical nurse, physician |
20 | | licensed to practice medicine in all
its branches, |
21 | | physician assistant, or pharmacist shall review the
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22 | | following for all individuals:
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23 | | (A) Medication orders.
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24 | | (B) Medication labels, including medications |
25 | | listed on
the medication administration record for |
26 | | persons who are not
self-medicating to ensure the |
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1 | | labels match the orders issued by
the physician |
2 | | licensed to practice medicine in all its branches,
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3 | | advanced practice registered nurse, or physician |
4 | | assistant.
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5 | | (C) Medication administration records for persons |
6 | | who
are not self-medicating to ensure that the records |
7 | | are completed
appropriately for:
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8 | | (i) medication administered as prescribed;
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9 | | (ii) refusal by the individual; and
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10 | | (iii) full signatures provided for all |
11 | | initials used.
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12 | | (2) Reviews shall occur at least quarterly, but may be |
13 | | done
more frequently at the discretion of the registered |
14 | | professional nurse
or advanced practice registered nurse.
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15 | | (3) A quality assurance review of medication errors |
16 | | and data
collection for the purpose of monitoring and |
17 | | recommending
corrective action shall be conducted within 7 |
18 | | days and included in the
required annual review.
|
19 | | (f) Programs using authorized direct care
staff to |
20 | | administer medications are responsible for documenting and |
21 | | maintaining
records
on the training that is completed.
|
22 | | (g) The absence of this training program constitutes a |
23 | | threat to the
public interest,
safety, and welfare and |
24 | | necessitates emergency rulemaking by
the Departments of Human |
25 | | Services and
Public Health
under Section 5-45
of
the
Illinois |
26 | | Administrative Procedure Act.
|
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1 | | (h) Direct care staff who fail to qualify for delegated |
2 | | authority to
administer medications pursuant to the provisions |
3 | | of this Section shall be
given
additional education and |
4 | | testing to meet criteria for
delegation authority to |
5 | | administer medications.
Any direct care staff person who fails |
6 | | to qualify as an authorized direct care
staff
after initial |
7 | | training and testing must within 3 months be given another
|
8 | | opportunity for retraining and retesting. A direct care staff |
9 | | person who fails
to
meet criteria for delegated authority to |
10 | | administer medication, including, but
not limited to, failure |
11 | | of the written test on 2 occasions shall be given
|
12 | | consideration for shift transfer or reassignment, if possible. |
13 | | No employee
shall be terminated for failure to qualify during |
14 | | the 3-month time period
following initial testing. Refusal to |
15 | | complete training and testing required
by this Section may be |
16 | | grounds for immediate dismissal.
|
17 | | (i) No authorized direct care staff person delegated to |
18 | | administer
medication shall be subject to suspension or |
19 | | discharge for errors
resulting from the staff
person's acts or |
20 | | omissions when performing the functions unless the staff
|
21 | | person's actions or omissions constitute willful and wanton |
22 | | conduct.
Nothing in this subsection is intended to supersede |
23 | | paragraph (4) of subsection
(c).
|
24 | | (j) A registered professional nurse, advanced practice |
25 | | registered nurse,
physician licensed to practice medicine in |
26 | | all its branches, or physician
assistant shall be on
duty or
on |
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1 | | call at all times in any program covered by this Section.
|
2 | | (k) The employer shall be responsible for maintaining |
3 | | liability insurance
for any program covered by this Section.
|
4 | | (l) Any direct care staff person who qualifies as |
5 | | authorized direct care
staff pursuant to this Section shall be |
6 | | granted consideration for a one-time
additional
salary |
7 | | differential. The Department shall determine and provide the |
8 | | necessary
funding for
the differential in the base. This |
9 | | subsection (l) is inoperative on and after
June 30, 2000.
|
10 | | (Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15; |
11 | | 99-581, eff. 1-1-17; 100-50, eff. 1-1-18; 100-513, eff. |
12 | | 1-1-18; 100-863, eff. 8-14-18.)
|
13 | | Section 20. The School Code is amended by changing |
14 | | Sections 3-15.12, 13-40, and 26-2 as follows:
|
15 | | (105 ILCS 5/3-15.12) (from Ch. 122, par. 3-15.12)
|
16 | | Sec. 3-15.12. High school equivalency.
The regional
|
17 | | superintendent of schools and the Illinois Community College |
18 | | Board shall make available for qualified individuals
residing |
19 | | within the region a High School Equivalency Testing Program |
20 | | and alternative methods of credentialing, as identified under |
21 | | this Section.
For that purpose the regional superintendent |
22 | | alone or with other
regional superintendents may establish and |
23 | | supervise a testing center or
centers to administer the secure |
24 | | forms for high school equivalency testing to qualified |
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1 | | persons. Such centers
shall be under the supervision of the |
2 | | regional superintendent in whose
region such centers are |
3 | | located, subject to the approval
of the
Executive Director of |
4 | | the Illinois Community College Board.
The Illinois Community |
5 | | College Board shall also establish criteria and make available |
6 | | alternative methods of credentialing throughout the State. |
7 | | An individual is eligible to apply to the regional |
8 | | superintendent of schools
for the region in which he or she
|
9 | | resides if he or she is: (a) a person who is 17 years
of age or |
10 | | older, has maintained residence in the State of Illinois,
and |
11 | | is
not a high school graduate; (b)
a person who is successfully |
12 | | completing an
alternative education program under Section |
13 | | 2-3.81, Article 13A,
or Article 13B; or (c) a
person who is
|
14 | | enrolled in a youth education program sponsored by the |
15 | | Illinois National
Guard.
For purposes of this Section, |
16 | | residence is that abode which the applicant
considers his or |
17 | | her home. Applicants may provide as sufficient proof of such
|
18 | | residence and as an acceptable form of identification a |
19 | | driver's license, valid passport, military ID, or other form |
20 | | of government-issued national or foreign identification that |
21 | | shows the applicant's name, address, date of birth, signature, |
22 | | and photograph or other acceptable identification as may be |
23 | | allowed by law or as regulated by the Illinois Community |
24 | | College Board. Such regional superintendent shall determine if |
25 | | the
applicant meets statutory and regulatory state standards. |
26 | | If qualified the
applicant shall at the time of such |
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1 | | application pay a fee established by the
Illinois Community |
2 | | College Board, which fee shall be paid into a special
fund
|
3 | | under the control and supervision of the regional |
4 | | superintendent. Such moneys
received by the regional |
5 | | superintendent shall be used, first, for the
expenses incurred
|
6 | | in administering and scoring the examination, and next for |
7 | | other educational
programs that are developed and designed by |
8 | | the regional superintendent of
schools to assist those who |
9 | | successfully complete high school equivalency testing or meet |
10 | | the criteria for alternative methods of credentialing in |
11 | | furthering their academic development or
their ability to |
12 | | secure and retain gainful employment, including programs for
|
13 | | the competitive award based on test scores of college or adult |
14 | | education
scholarship grants or similar educational |
15 | | incentives. Any excess moneys shall
be paid into the institute |
16 | | fund.
|
17 | | Any applicant who has achieved the minimum passing |
18 | | standards as
established by the
Illinois Community College |
19 | | Board shall be
notified in writing by the regional |
20 | | superintendent and shall be
issued a State of Illinois High |
21 | | School Diploma high school equivalency certificate on the |
22 | | forms provided by the
Illinois Community College Board. The |
23 | | regional superintendent shall
then certify to the Illinois |
24 | | Community College Board
the score of the applicant and such |
25 | | other and additional information
that may be required by the |
26 | | Illinois Community College Board. The
moneys received |
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1 | | therefrom shall be used in the same manner as provided
for in |
2 | | this Section.
|
3 | | The Illinois Community College Board shall establish |
4 | | alternative methods of credentialing for the issuance of a |
5 | | State of Illinois High School Diploma high school equivalency |
6 | | certification . In addition to high school equivalency testing, |
7 | | the following alternative methods of receiving a State of |
8 | | Illinois High School Diploma high school equivalency |
9 | | credential shall be made available to qualified individuals on |
10 | | or after January 1, 2018: |
11 | | (A) High School Equivalency based on High School |
12 | | Credit. A qualified candidate may petition to have his or |
13 | | her high school transcripts evaluated to determine what |
14 | | the candidate needs to meet criteria as established by the |
15 | | Illinois Community College Board. |
16 | | (B) High School Equivalency based on Post-Secondary |
17 | | Credit. A qualified candidate may petition to have his or |
18 | | her post-secondary transcripts evaluated to determine what |
19 | | the candidate needs to meet criteria established by the |
20 | | Illinois Community College Board. |
21 | | (C) High School Equivalency based on a Foreign |
22 | | Diploma. A qualified candidate may petition to have his or |
23 | | her foreign high school or post-secondary transcripts |
24 | | evaluated to determine what the candidate needs to meet |
25 | | criteria established by the Illinois Community College |
26 | | Board. |
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1 | | (D) High School Equivalency based on Completion of a |
2 | | Competency-Based Program as approved by the Illinois |
3 | | Community College Board. The Illinois Community College |
4 | | Board shall establish guidelines for competency-based high |
5 | | school equivalency programs. |
6 | | Any applicant who has attained the age of 17 years and |
7 | | maintained
residence in the State of Illinois and is not a high |
8 | | school graduate, any person who has enrolled in a youth |
9 | | education program sponsored by the Illinois National Guard, or |
10 | | any person who has successfully completed
an
alternative |
11 | | education program under Section 2-3.81,
Article 13A, or |
12 | | Article 13B is eligible to apply for a State of Illinois High |
13 | | School Diploma high school equivalency
certificate (if he or |
14 | | she meets the requirements prescribed by the Illinois |
15 | | Community College Board) upon showing evidence that he or she |
16 | | has completed, successfully, high school equivalency testing, |
17 | | administered by the United
States Armed Forces Institute, |
18 | | official high school equivalency testing centers established |
19 | | in other
states, Veterans' Administration Hospitals, or the |
20 | | office of the State
Superintendent of Education for the |
21 | | Illinois State Penitentiary
System and the Department of |
22 | | Corrections. Such applicant shall apply to the
regional |
23 | | superintendent of the region wherein he or she has maintained |
24 | | residence, and,
upon payment of a fee established by the |
25 | | Illinois Community College Board,
the regional superintendent |
26 | | shall issue a State of Illinois High School Diploma high |
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1 | | school
equivalency certificate and immediately thereafter |
2 | | certify to the Illinois Community College Board the score of |
3 | | the applicant and such other and
additional information as may |
4 | | be required by the Illinois Community College Board.
|
5 | | Notwithstanding the provisions of this Section, any |
6 | | applicant who has
been out of school for at least one year may |
7 | | request the regional
superintendent of schools to administer |
8 | | restricted high school equivalency testing upon
written |
9 | | request of: the director of a program who certifies to the |
10 | | Chief
Examiner of an official high school equivalency testing |
11 | | center that the applicant has completed a
program of |
12 | | instruction provided by such agencies as the Job Corps, the
|
13 | | Postal Service Academy, or an apprenticeship training program; |
14 | | an employer
or program director for purposes of entry into |
15 | | apprenticeship programs;
another state's department of |
16 | | education in order to meet regulations
established by that |
17 | | department of education; or a post high school
educational |
18 | | institution for purposes of admission, the Department of |
19 | | Financial and
Professional Regulation for licensing purposes, |
20 | | or the Armed Forces
for induction purposes. The regional |
21 | | superintendent shall administer
such testing, and the |
22 | | applicant shall be notified in writing that he or she is
|
23 | | eligible to receive a State of Illinois High School Diploma |
24 | | high school equivalency certificate
upon reaching age 17, |
25 | | provided he or she meets the standards established by the |
26 | | Illinois Community College Board.
|
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1 | | Any test administered under this Section to an applicant |
2 | | who does not
speak and understand English may at the |
3 | | discretion of the administering
agency be given and answered |
4 | | in any language in which the test is
printed. The regional |
5 | | superintendent of schools may waive any fees required
by this |
6 | | Section in case of hardship.
The regional superintendent of |
7 | | schools and the Illinois Community College Board shall waive |
8 | | any fees required by this Section for an applicant who meets |
9 | | all of the following criteria:
|
10 | | (1) The applicant qualifies as a homeless person, |
11 | | child, or youth as defined in the Education for Homeless |
12 | | Children Act. |
13 | | (2) The applicant has not attained 25 years of age as |
14 | | of the date of the scheduled test. |
15 | | (3) The applicant can verify his or her status as a |
16 | | homeless person, child, or youth. A homeless services |
17 | | provider that is qualified to verify an individual's |
18 | | housing status, as determined by the Illinois Community |
19 | | College Board, and that has knowledge of the applicant's |
20 | | housing status may verify the applicant's status for |
21 | | purposes of this subdivision (3). |
22 | | (4) The applicant has completed a high school |
23 | | equivalency preparation course through an Illinois |
24 | | Community College Board-approved provider. |
25 | | (5) The applicant is taking the test at a testing |
26 | | center operated by a regional superintendent of schools or |
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1 | | the Cook County High School Equivalency Office. |
2 | | In counties of over 3,000,000 population, a State of |
3 | | Illinois High School Diploma high school equivalency |
4 | | certificate
shall contain the signatures of the Executive |
5 | | Director of the Illinois Community College Board and the |
6 | | superintendent, president, or other chief
executive officer of |
7 | | the institution where high school equivalency testing |
8 | | instruction occurred and any
other signatures authorized by |
9 | | the Illinois Community College Board.
|
10 | | The regional superintendent of schools shall furnish the |
11 | | Illinois
Community College Board with any information that the |
12 | | Illinois
Community College Board requests with regard to |
13 | | testing and diplomas certificates under this
Section.
|
14 | | A State of Illinois High School Diploma is a recognized |
15 | | high school equivalency certificate for purposes of |
16 | | reciprocity with other states. A high school equivalency |
17 | | certificate from another state is equivalent to a State of |
18 | | Illinois High School Diploma. |
19 | | (Source: P.A. 99-78, eff. 7-20-15; 99-742, eff. 1-1-17; |
20 | | 100-130, eff. 1-1-18 .)
|
21 | | (105 ILCS 5/13-40) (from Ch. 122, par. 13-40)
|
22 | | Sec. 13-40. To increase the effectiveness of the |
23 | | Department of
Juvenile Justice and
thereby to better serve the |
24 | | interests of the people of Illinois the
following bill is |
25 | | presented.
|
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1 | | Its purpose is to enhance the quality and scope of |
2 | | education for
inmates and wards within the Department of
|
3 | | Juvenile Justice so that they will
be better motivated and |
4 | | better equipped to restore themselves to
constructive and law |
5 | | abiding lives in the community. The specific
measure sought is |
6 | | the creation of a school district within the
Department so |
7 | | that its educational programs can meet the needs of
persons |
8 | | committed and so the resources of public education at the |
9 | | state
and federal levels are best used, all of the same being |
10 | | contemplated
within the provisions of the Illinois State |
11 | | Constitution of 1970 which
provides that "A fundamental goal |
12 | | of the People of the State is the
educational development of |
13 | | all persons to the limits of their
capacities." Therefore, on |
14 | | July 1, 2006, the Department of
Corrections
school district |
15 | | shall be transferred to the Department of Juvenile Justice. It |
16 | | shall be responsible for the education of youth
within the |
17 | | Department of
Juvenile Justice and inmates age 21 or under |
18 | | within the Department of Corrections who have not yet earned a |
19 | | high school diploma or a State of Illinois High School Diploma |
20 | | high school equivalency certificate , and the district may |
21 | | establish
primary, secondary, vocational, adult, special, and |
22 | | advanced educational
schools as provided in this Act. The |
23 | | Department of Corrections retains authority as provided for in |
24 | | subsection (d) of Section 3-6-2 of the Unified Code of |
25 | | Corrections. The
Board of Education for this district shall |
26 | | with the aid and advice of
professional educational personnel |
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1 | | of the Department of
Juvenile Justice and
the State Board of |
2 | | Education determine the
needs and type of schools and the |
3 | | curriculum for each school within the
school district and may |
4 | | proceed to establish the same through existing
means within |
5 | | present and future appropriations, federal and state school
|
6 | | funds, vocational rehabilitation grants and funds and all |
7 | | other funds,
gifts and grants, private or public, including |
8 | | federal funds, but not
exclusive to the said sources but |
9 | | inclusive of all funds which might be
available for school |
10 | | purposes.
|
11 | | (Source: P.A. 98-718, eff. 1-1-15 .)
|
12 | | (105 ILCS 5/26-2) (from Ch. 122, par. 26-2) |
13 | | Sec. 26-2. Enrolled pupils not of compulsory school age.
|
14 | | (a) For school years before the 2014-2015 school year, any |
15 | | person having custody or
control of a child who is below the |
16 | | age of 7 years or is 17 years of age or above
and who is |
17 | | enrolled in any of grades kindergarten through 12
in the |
18 | | public school shall
cause him to attend the public school in |
19 | | the district wherein he resides when
it is in session during |
20 | | the regular school term, unless he is excused under
paragraph |
21 | | 2, 3, 4, 5, or 6 of Section 26-1.
Beginning with the 2014-2015 |
22 | | school year, any person having
custody or control of a child |
23 | | who is below the age of 6 years or is 17 years of age or above |
24 | | and who is enrolled in any of grades kindergarten
through 12 in |
25 | | the public school shall cause the child to attend the public
|
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1 | | school in the district wherein he or she resides when it is in |
2 | | session
during the regular school term, unless the child is |
3 | | excused under
paragraph 2, 3, 4, 5, or 6 of Section 26-1 of |
4 | | this Code.
|
5 | | (b) A school district shall deny reenrollment in its |
6 | | secondary schools
to any
child 19 years of age or above who has |
7 | | dropped out of school
and who could
not, because of age and |
8 | | lack of credits, attend classes during the normal
school year |
9 | | and graduate before his or her twenty-first birthday.
A |
10 | | district may, however, enroll the child in a graduation |
11 | | incentives program under Section 26-16 of this Code or an |
12 | | alternative learning
opportunities program established
under |
13 | | Article 13B.
No
child shall be denied reenrollment for the |
14 | | above reasons
unless the school district first offers the |
15 | | child
due process as required in cases of expulsion under |
16 | | Section
10-22.6. If a child is denied reenrollment after being |
17 | | provided with due
process, the school district must provide |
18 | | counseling to that child and
must direct that child to
|
19 | | alternative educational
programs, including adult education |
20 | | programs, that lead to graduation or
receipt of a State of |
21 | | Illinois High School Diploma high school equivalency |
22 | | certificate .
|
23 | | (c)
A school or school district may deny enrollment to a |
24 | | student 17 years of age
or
older for one semester for failure |
25 | | to meet minimum attendance standards if all
of the
following |
26 | | conditions are met:
|
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1 | | (1) The student was absent without valid cause for 20% |
2 | | or more of the
attendance
days in the semester immediately |
3 | | prior to the current semester.
|
4 | | (2) The student and the student's parent or guardian |
5 | | are given written
notice
warning that the student is |
6 | | subject to denial from enrollment for one
semester
unless |
7 | | the student is absent without valid cause less than 20% of |
8 | | the
attendance days
in the current semester.
|
9 | | (3) The student's parent or guardian is provided with |
10 | | the right to appeal
the
notice, as determined by the State |
11 | | Board of Education in accordance with due
process.
|
12 | | (4) The student is provided with attendance |
13 | | remediation services,
including
without limitation |
14 | | assessment, counseling, and support services.
|
15 | | (5) The student is absent without valid cause for 20% |
16 | | or more of the
attendance
days in the current semester.
|
17 | | A school or school district may not deny enrollment to a |
18 | | student (or
reenrollment
to a dropout) who is at least 17
years |
19 | | of age or older but below 19
years for more
than one |
20 | | consecutive semester for failure to meet attendance
standards.
|
21 | | (d) No child may be denied reenrollment under this
Section |
22 | | in violation
of the federal Individuals with Disabilities |
23 | | Education Act or the Americans with
Disabilities Act.
|
24 | | (e) In this subsection (e), "reenrolled student" means a |
25 | | dropout who has
reenrolled
full-time in a public school. Each |
26 | | school district shall identify, track, and
report on the
|
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1 | | educational progress and outcomes of reenrolled students as a |
2 | | subset of the
district's
required reporting on all |
3 | | enrollments.
A reenrolled student who again drops out must not |
4 | | be counted again
against a district's dropout rate performance |
5 | | measure.
The State
Board of Education shall set performance |
6 | | standards for programs serving
reenrolled
students.
|
7 | | (f) The State Board of Education shall adopt any rules |
8 | | necessary to
implement the
changes to this Section made by |
9 | | Public Act 93-803.
|
10 | | (Source: P.A. 100-825, eff. 8-13-18.)
|
11 | | Section 25. The Public University Uniform Admission Pilot |
12 | | Program Act is amended by changing Section 25 as follows:
|
13 | | (110 ILCS 118/25) |
14 | | (Section scheduled to be repealed on July 1, 2027)
|
15 | | Sec. 25. Graduates of nonaccredited private schools. |
16 | | (a) As used in this Section, "nonaccredited secondary |
17 | | education" means a course of study at the secondary school |
18 | | level in a nonaccredited private school setting. |
19 | | (b) Because the State of Illinois considers successful |
20 | | completion of a nonaccredited secondary education to be |
21 | | equivalent to graduation from a public high school, an |
22 | | institution, in complying with this Act and for all other |
23 | | purposes, must treat an applicant for admission to the |
24 | | institution as an undergraduate student who presents evidence |
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1 | | that he or she has successfully completed a nonaccredited |
2 | | secondary education according to the same general standards, |
3 | | including specific standardized testing score requirements, as |
4 | | other applicants for undergraduate admission who have |
5 | | graduated from a public high school. |
6 | | (c) An institution may not require an applicant for |
7 | | admission to the institution as an undergraduate student who |
8 | | presents evidence that he or she has successfully completed a |
9 | | nonaccredited secondary education to: |
10 | | (1) obtain or submit evidence that the person has |
11 | | obtained a general educational development certificate, |
12 | | State of Illinois High School Diploma certificate of high |
13 | | school equivalency , or other credentials equivalent to a |
14 | | public high school degree; or |
15 | | (2) take an examination or comply with any other |
16 | | application or admission requirement not generally |
17 | | applicable to other applicants for undergraduate admission |
18 | | to the institution. |
19 | | (d) In complying with this Act or otherwise, when an |
20 | | institution in its undergraduate admission review process |
21 | | sorts or is required to sort applicants by high school |
22 | | graduating class rank, the institution shall place any |
23 | | applicant who presents evidence that the applicant has |
24 | | successfully completed a nonaccredited secondary education |
25 | | that does not include a high school graduating class ranking |
26 | | at the average high school graduating class rank of |
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1 | | undergraduate applicants to the institution who have |
2 | | equivalent standardized testing scores as the applicant. |
3 | | (e) Notwithstanding any other provision of this Act, with |
4 | | respect to admission into the institution or any program |
5 | | within the institution, with respect to scholarship programs, |
6 | | and with respect to other terms and conditions, and in |
7 | | complying with this Act, an institution may not treat an |
8 | | applicant who has successfully completed a nonaccredited |
9 | | secondary education that does not include a high school |
10 | | graduating class ranking differently than an applicant who |
11 | | graduated from an accredited public school.
|
12 | | (Source: P.A. 101-448, eff. 1-1-20 .)
|
13 | | Section 30. The Public Community College Act is amended by |
14 | | changing Section 2-22 as follows:
|
15 | | (110 ILCS 805/2-22)
|
16 | | Sec. 2-22. High school equivalency testing certificates . |
17 | | On the effective date
of this amendatory Act of the 94th |
18 | | General Assembly, all powers and
duties of the State Board of |
19 | | Education and State Superintendent of
Education with regard to |
20 | | high school equivalency testing certificates under the
School |
21 | | Code shall be transferred to the Illinois Community College
|
22 | | Board. Within a reasonable period of time after that date, all |
23 | | assets, liabilities, contracts, property, records, pending |
24 | | business, and unexpended appropriations of the State Board of |
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1 | | Education with regard to high school equivalency testing |
2 | | certificates shall be transferred to the Illinois Community |
3 | | College Board. The Illinois Community College Board may adopt |
4 | | any rules
necessary to carry out its responsibilities under |
5 | | the School Code with
regard to high school equivalency testing |
6 | | certificates and to carry into efficient and uniform effect |
7 | | the provisions for the issuance of State of Illinois High |
8 | | School Diplomas high school equivalency certificates in this |
9 | | State. All rules, standards, and
procedures adopted by the |
10 | | State Board of Education under the
School Code with regard to |
11 | | high school equivalency testing certificates shall
continue in |
12 | | effect as the rules, standards, and procedures of the
Illinois |
13 | | Community College Board, until they are modified by the
|
14 | | Illinois Community College Board.
|
15 | | (Source: P.A. 94-108, eff. 7-1-05.)
|
16 | | Section 35. The Higher Education Student Assistance Act is |
17 | | amended by changing Sections 50, 52, and 62 as follows:
|
18 | | (110 ILCS 947/50)
|
19 | | Sec. 50. Minority Teachers of Illinois scholarship |
20 | | program.
|
21 | | (a) As used in this Section:
|
22 | | "Eligible applicant" means a minority student who has |
23 | | graduated
from high school or has received a State of |
24 | | Illinois High School Diploma high school equivalency |
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1 | | certificate
and has
maintained a cumulative grade point |
2 | | average of
no
less than 2.5 on a 4.0 scale, and who by |
3 | | reason thereof is entitled to
apply for scholarships to be |
4 | | awarded under this Section.
|
5 | | "Minority student" means a student who is any of the |
6 | | following: |
7 | | (1) American Indian or Alaska Native (a person |
8 | | having origins in any of the original peoples of North |
9 | | and South America, including Central America, and who |
10 | | maintains tribal affiliation or community attachment). |
11 | | (2) Asian (a person having origins in any of the |
12 | | original peoples of the Far East, Southeast Asia, or |
13 | | the Indian subcontinent, including, but not limited |
14 | | to, Cambodia, China, India, Japan, Korea, Malaysia, |
15 | | Pakistan, the Philippine Islands, Thailand, and |
16 | | Vietnam). |
17 | | (3) Black or African American (a person having |
18 | | origins in any of the black racial groups of Africa). |
19 | | (4) Hispanic or Latino (a person of Cuban, |
20 | | Mexican, Puerto Rican, South or Central American, or |
21 | | other Spanish culture or origin, regardless of race). |
22 | | (5) Native Hawaiian or Other Pacific Islander (a |
23 | | person having origins in any of the original peoples |
24 | | of Hawaii, Guam, Samoa, or other Pacific Islands).
|
25 | | "Qualified bilingual minority applicant" means a |
26 | | qualified student who demonstrates proficiency in a |
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1 | | language other than English by (i) receiving a State Seal |
2 | | of Biliteracy from the State Board of Education or (ii) |
3 | | receiving a passing score on an educator licensure target |
4 | | language proficiency test. |
5 | | "Qualified student" means a person (i) who is a |
6 | | resident of this State
and a citizen or permanent resident |
7 | | of the United States; (ii) who is a
minority student, as |
8 | | defined in this Section; (iii) who, as an eligible
|
9 | | applicant, has made a timely application for a minority |
10 | | teaching
scholarship under this Section; (iv) who is |
11 | | enrolled on at least a
half-time basis at a
qualified |
12 | | Illinois institution of
higher learning; (v) who is |
13 | | enrolled in a course of study leading to
teacher |
14 | | licensure, including alternative teacher licensure, or, if |
15 | | the student is already licensed to teach, in a course of |
16 | | study leading to an additional teaching endorsement or a |
17 | | master's degree in an academic field in which he or she is |
18 | | teaching or plans to teach or who has received one or more |
19 | | College and Career Pathway Endorsements pursuant to |
20 | | Section 80 of the Postsecondary and Workforce Readiness |
21 | | Act and commits to enrolling in a course of study leading |
22 | | to teacher licensure, including alternative teacher |
23 | | licensure; (vi)
who maintains a grade point average of no
|
24 | | less than 2.5 on a 4.0 scale;
and (vii) who continues to |
25 | | advance satisfactorily toward the attainment
of a degree.
|
26 | | (b) In order to encourage academically talented Illinois |
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1 | | minority
students to pursue teaching careers at the preschool |
2 | | or elementary or
secondary
school
level and to address and |
3 | | alleviate the teacher shortage crisis in this State described |
4 | | under the provisions of the Transitions in Education Act, each |
5 | | qualified student shall be awarded a minority teacher
|
6 | | scholarship to any qualified Illinois institution of higher |
7 | | learning.
However, preference may be given to qualified |
8 | | applicants enrolled at or above
the
junior level.
|
9 | | (c) Each minority teacher scholarship awarded under this |
10 | | Section shall
be in an amount sufficient to pay the tuition and |
11 | | fees and room and board
costs of the qualified Illinois |
12 | | institution of higher learning at which the
recipient is |
13 | | enrolled, up to an annual maximum of $5,000;
except that
in
the |
14 | | case of a recipient who does not reside on-campus at the |
15 | | institution at
which he or she is enrolled, the amount of the |
16 | | scholarship shall be
sufficient to pay tuition and fee |
17 | | expenses and a commuter allowance, up to
an annual maximum of |
18 | | $5,000.
However, if at least $2,850,000 is appropriated in a |
19 | | given fiscal year for the Minority Teachers of Illinois |
20 | | scholarship program, then, in each fiscal year thereafter, |
21 | | each scholarship awarded under this Section shall
be in an |
22 | | amount sufficient to pay the tuition and fees and room and |
23 | | board
costs of the qualified Illinois institution of higher |
24 | | learning at which the
recipient is enrolled, up to an annual |
25 | | maximum of $7,500;
except that
in
the case of a recipient who |
26 | | does not reside on-campus at the institution at
which he or she |
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1 | | is enrolled, the amount of the scholarship shall be
sufficient |
2 | | to pay tuition and fee expenses and a commuter allowance, up to
|
3 | | an annual maximum of $7,500.
|
4 | | (d) The total amount of minority teacher scholarship |
5 | | assistance awarded by
the Commission under this Section to an |
6 | | individual in any given fiscal
year, when added to other |
7 | | financial assistance awarded to that individual
for that year, |
8 | | shall not exceed the cost of attendance at the institution
at |
9 | | which the student is enrolled. If the amount of minority |
10 | | teacher
scholarship to be awarded to a qualified student as |
11 | | provided in
subsection (c) of this Section exceeds the cost of |
12 | | attendance at the
institution at which the student is |
13 | | enrolled, the minority teacher
scholarship shall be reduced by |
14 | | an amount equal to the amount by which the
combined financial |
15 | | assistance available to the student exceeds the cost
of |
16 | | attendance.
|
17 | | (e) The maximum number of academic terms for which a |
18 | | qualified
student
can receive minority teacher scholarship |
19 | | assistance shall be 8 semesters or
12 quarters.
|
20 | | (f) In any academic year for which an eligible applicant |
21 | | under this
Section accepts financial assistance through the |
22 | | Paul Douglas Teacher
Scholarship Program, as authorized by |
23 | | Section 551 et seq. of the Higher
Education Act of 1965, the |
24 | | applicant shall not be eligible for scholarship
assistance |
25 | | awarded under this Section.
|
26 | | (g) All applications for minority teacher scholarships to |
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1 | | be awarded
under this Section shall be made to the Commission |
2 | | on forms which the
Commission shall provide for eligible |
3 | | applicants. The form of applications
and the information |
4 | | required to be set forth therein shall be determined by
the |
5 | | Commission, and the Commission shall require eligible |
6 | | applicants to
submit with their applications such supporting |
7 | | documents or recommendations
as the Commission deems |
8 | | necessary.
|
9 | | (h) Subject to a separate appropriation for such purposes, |
10 | | payment of
any minority teacher scholarship awarded under this |
11 | | Section shall be
determined by the Commission. All scholarship |
12 | | funds distributed in
accordance with this subsection shall be |
13 | | paid to the institution and used
only for payment of the |
14 | | tuition and fee and room and board expenses
incurred by the |
15 | | student in connection with his or her attendance at a |
16 | | qualified Illinois institution of higher
learning. Any |
17 | | minority teacher scholarship awarded under this Section
shall |
18 | | be applicable to 2 semesters or 3 quarters of enrollment. If a
|
19 | | qualified student withdraws from enrollment prior to |
20 | | completion of the
first semester or quarter for which the |
21 | | minority teacher scholarship is
applicable, the school shall |
22 | | refund to the Commission the full amount of the
minority |
23 | | teacher scholarship.
|
24 | | (i) The Commission shall administer the minority teacher |
25 | | scholarship aid
program established by this Section and shall |
26 | | make all necessary and proper
rules not inconsistent with this |
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1 | | Section for its effective implementation.
|
2 | | (j) When an appropriation to the Commission for a given |
3 | | fiscal year is
insufficient to provide scholarships to all |
4 | | qualified students, the
Commission shall allocate the |
5 | | appropriation in accordance with this
subsection. If funds are |
6 | | insufficient to provide all qualified students
with a |
7 | | scholarship as authorized by this Section, the Commission |
8 | | shall
allocate the available scholarship funds for that fiscal |
9 | | year to qualified students who submit a complete application |
10 | | form on or before a date specified by the Commission based on |
11 | | the following order of priority: |
12 | | (1) To students who received a scholarship under this |
13 | | Section in the prior academic year and who remain eligible |
14 | | for a minority teacher scholarship under this Section. |
15 | | (2) Except as otherwise provided in subsection (k), to |
16 | | students who demonstrate financial need, as determined by |
17 | | the Commission.
|
18 | | (k) Notwithstanding paragraph (2) of subsection (j), at |
19 | | least 35% of the funds appropriated for
scholarships awarded |
20 | | under this Section in each fiscal year shall be reserved
for |
21 | | qualified male minority applicants, with priority being given |
22 | | to qualified Black male applicants beginning with fiscal year |
23 | | 2023.
If the Commission does not receive enough applications |
24 | | from qualified male
minorities on or before
January 1 of each |
25 | | fiscal year to award 35% of the funds appropriated for these
|
26 | | scholarships to qualified
male minority applicants, then the |
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1 | | Commission may award a portion of the
reserved funds to |
2 | | qualified
female minority applicants in accordance with |
3 | | subsection (j).
|
4 | | Beginning with fiscal year 2023, if at least $2,850,000 |
5 | | but less than $4,200,000 is appropriated in a given fiscal |
6 | | year for scholarships awarded under this Section, then at |
7 | | least 10% of the funds appropriated shall be reserved for |
8 | | qualified bilingual minority applicants, with priority being |
9 | | given to qualified bilingual minority applicants who are |
10 | | enrolled in an educator preparation program with a |
11 | | concentration in bilingual, bicultural education. Beginning |
12 | | with fiscal year 2023, if at least $4,200,000 is appropriated |
13 | | in a given fiscal year for the Minority Teachers of Illinois |
14 | | scholarship program, then at least 30% of the funds |
15 | | appropriated shall be reserved for qualified bilingual |
16 | | minority applicants, with priority being given to qualified |
17 | | bilingual minority applicants who are enrolled in an educator |
18 | | preparation program with a concentration in bilingual, |
19 | | bicultural education. Beginning with fiscal year 2023, if at |
20 | | least $2,850,000 is appropriated in a given fiscal year for |
21 | | scholarships awarded under this Section but the Commission |
22 | | does not receive enough applications from qualified bilingual |
23 | | minority applicants on or before January 1 of that fiscal year |
24 | | to award at least 10% of the funds appropriated to qualified |
25 | | bilingual minority applicants, then the Commission may, in its |
26 | | discretion, award a portion of the reserved funds to other |
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1 | | qualified students in accordance with subsection (j).
|
2 | | (l) Prior to receiving scholarship assistance for any |
3 | | academic year,
each recipient of a minority teacher |
4 | | scholarship awarded under this Section
shall be required by |
5 | | the Commission to sign an agreement under which the
recipient |
6 | | pledges that, within the one-year period following the
|
7 | | termination
of the program for which the recipient was awarded |
8 | | a minority
teacher scholarship, the recipient (i) shall begin |
9 | | teaching for a
period of not less
than one year for each year |
10 | | of scholarship assistance he or she was awarded
under this |
11 | | Section; (ii) shall fulfill this teaching obligation at a
|
12 | | nonprofit Illinois public, private, or parochial preschool, |
13 | | elementary school,
or secondary school at which no less than |
14 | | 30% of the enrolled students are
minority students in the year |
15 | | during which the recipient begins teaching at the
school or |
16 | | may instead, if the recipient received a scholarship as a |
17 | | qualified bilingual minority applicant, fulfill this teaching |
18 | | obligation in a program in transitional bilingual education |
19 | | pursuant to Article 14C of the School Code or in a school in |
20 | | which 20 or more English learner students in the same language |
21 | | classification are enrolled; and (iii) shall, upon request by |
22 | | the Commission, provide the Commission
with evidence that he |
23 | | or she is fulfilling or has fulfilled the terms of the
teaching |
24 | | agreement provided for in this subsection.
|
25 | | (m) If a recipient of a minority teacher scholarship |
26 | | awarded under this
Section fails to fulfill the teaching |
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1 | | obligation set forth in subsection
(l) of this Section, the |
2 | | Commission shall require the recipient to repay
the amount of |
3 | | the scholarships received, prorated according to the fraction
|
4 | | of the teaching obligation not completed, at a rate of |
5 | | interest equal to
5%, and, if applicable, reasonable |
6 | | collection fees.
The Commission is authorized to establish |
7 | | rules relating to its collection
activities for repayment of |
8 | | scholarships under this Section. All repayments
collected |
9 | | under this Section shall be forwarded to the State Comptroller |
10 | | for
deposit into the State's General Revenue Fund.
|
11 | | (n) A recipient of minority teacher scholarship shall not |
12 | | be considered
in violation of the agreement entered into |
13 | | pursuant to subsection (l) if
the recipient (i) enrolls on a |
14 | | full time basis as a graduate student in a
course of study |
15 | | related to the field of teaching at a qualified Illinois
|
16 | | institution of higher learning; (ii) is serving, not in excess |
17 | | of 3 years,
as a member of the armed services of the United |
18 | | States; (iii) is
a person with a temporary total disability |
19 | | for a period of time not to exceed 3 years as
established by |
20 | | sworn affidavit of a qualified physician; (iv) is seeking
and |
21 | | unable to find full time employment as a teacher at an Illinois |
22 | | public,
private, or parochial preschool or elementary or |
23 | | secondary school that
satisfies the
criteria set forth in |
24 | | subsection (l) of this Section and is able to provide
evidence |
25 | | of that fact; (v) becomes a person with a permanent total |
26 | | disability as
established by sworn affidavit of a qualified |
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1 | | physician; (vi) is taking additional courses, on at least a |
2 | | half-time basis, needed to obtain licensure as a teacher in |
3 | | Illinois; or (vii) is fulfilling teaching requirements |
4 | | associated with other programs administered by the Commission |
5 | | and cannot concurrently fulfill them under this Section in a |
6 | | period of time equal to the length of the teaching obligation.
|
7 | | (o) Scholarship recipients under this Section who withdraw |
8 | | from
a program of teacher education but remain enrolled in |
9 | | school
to continue their postsecondary studies in another |
10 | | academic discipline shall
not be required to commence |
11 | | repayment of their Minority Teachers of Illinois
scholarship |
12 | | so long as they remain enrolled in school on a full-time basis |
13 | | or
if they can document for the Commission special |
14 | | circumstances that warrant
extension of repayment.
|
15 | | (p) If the Minority Teachers of Illinois scholarship |
16 | | program does not expend at least 90% of the amount |
17 | | appropriated for the program in a given fiscal year for 3 |
18 | | consecutive fiscal years and the Commission does not receive |
19 | | enough applications from the groups identified in subsection |
20 | | (k) on or before January 1 in each of those fiscal years to |
21 | | meet the percentage reserved for those groups under subsection |
22 | | (k), then up to 3% of amount appropriated for the program for |
23 | | each of next 3 fiscal years shall be allocated to increasing |
24 | | awareness of the program and for the recruitment of Black male |
25 | | applicants. The Commission shall make a recommendation to the |
26 | | General Assembly by January 1 of the year immediately |
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1 | | following the end of that third fiscal year regarding whether |
2 | | the amount allocated to increasing awareness and recruitment |
3 | | should continue. |
4 | | (q) Each qualified Illinois institution of higher learning |
5 | | that receives funds from the Minority Teachers of Illinois |
6 | | scholarship program shall host an annual information session |
7 | | at the institution about the program for teacher candidates of |
8 | | color in accordance with rules adopted by the Commission. |
9 | | Additionally, the institution shall ensure that each |
10 | | scholarship recipient enrolled at the institution meets with |
11 | | an academic advisor at least once per academic year to |
12 | | facilitate on-time completion of the recipient's educator |
13 | | preparation program. |
14 | | (r) The changes made to this Section by Public Act 101-654 |
15 | | this amendatory Act of the 101st General Assembly will first |
16 | | take effect with awards made for the 2022-2023 academic year. |
17 | | (Source: P.A. 101-654, eff. 3-8-21; 102-465, eff. 1-1-22; |
18 | | revised 9-28-21.)
|
19 | | (110 ILCS 947/52)
|
20 | | Sec. 52. Golden Apple Scholars of Illinois Program; Golden |
21 | | Apple Foundation for Excellence in Teaching.
|
22 | | (a) In this Section, "Foundation" means the Golden Apple |
23 | | Foundation for Excellence in Teaching, a registered 501(c)(3) |
24 | | not-for-profit corporation. |
25 | | (a-2) In order to encourage academically talented Illinois |
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1 | | students,
especially minority students, to pursue teaching |
2 | | careers, especially in
teacher shortage
disciplines
(which |
3 | | shall be defined to include early childhood education) or at
|
4 | | hard-to-staff schools (as defined by the Commission in |
5 | | consultation with the
State Board of Education), to provide |
6 | | those students with the crucial mentoring, guidance, and |
7 | | in-service support that will significantly increase the |
8 | | likelihood that they will complete their full teaching |
9 | | commitments and elect to continue teaching in targeted |
10 | | disciplines and hard-to-staff schools, and to ensure that |
11 | | students in this State will continue to have access to a pool |
12 | | of highly-qualified teachers, each qualified student shall be |
13 | | awarded a Golden Apple Scholars of Illinois Program |
14 | | scholarship to any Illinois institution of higher learning. |
15 | | The Commission shall administer the Golden Apple Scholars of |
16 | | Illinois Program, which shall be managed by the Foundation |
17 | | pursuant to the terms of a grant agreement meeting the |
18 | | requirements of Section 4 of the Illinois Grant Funds Recovery |
19 | | Act. |
20 | | (a-3) For purposes of this Section, a qualified student |
21 | | shall be a student who meets the following qualifications: |
22 | | (1) is a resident of this State and a citizen or |
23 | | eligible noncitizen of the United States; |
24 | | (2) is a high school graduate or a person who has |
25 | | received a State of Illinois High School Diploma high |
26 | | school equivalency certificate ; |
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1 | | (3) is enrolled or accepted, on at least a half-time |
2 | | basis, at an institution of higher learning; |
3 | | (4) is pursuing a postsecondary course of study |
4 | | leading to initial certification or pursuing additional |
5 | | course work needed to gain State Board of Education |
6 | | approval to teach, including alternative teacher |
7 | | licensure; and |
8 | | (5) is a participant in programs managed by and is |
9 | | approved to receive a scholarship from the Foundation. |
10 | | (a-5) (Blank).
|
11 | | (b) (Blank).
|
12 | | (b-5) Funds designated for the Golden Apple Scholars of |
13 | | Illinois Program shall be used by the Commission for the |
14 | | payment of scholarship assistance under this Section or for |
15 | | the award of grant funds, subject to the Illinois Grant Funds |
16 | | Recovery Act, to the Foundation. Subject to appropriation, |
17 | | awards of grant funds to the Foundation shall be made on an |
18 | | annual basis and following an application for grant funds by |
19 | | the Foundation. |
20 | | (b-10) Each year, the Foundation shall include in its |
21 | | application to the Commission for grant funds an estimate of |
22 | | the amount of scholarship assistance to be provided to |
23 | | qualified students during the grant period. Any amount of |
24 | | appropriated funds exceeding the estimated amount of |
25 | | scholarship assistance may be awarded by the Commission to the |
26 | | Foundation for management expenses expected to be incurred by |
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1 | | the Foundation in providing the mentoring, guidance, and |
2 | | in-service supports that will increase the likelihood that |
3 | | qualified students will complete their teaching commitments |
4 | | and elect to continue teaching in hard-to-staff schools. If |
5 | | the estimate of the amount of scholarship assistance described |
6 | | in the Foundation's application is less than the actual amount |
7 | | required for the award of scholarship assistance to qualified |
8 | | students, the Foundation shall be responsible for using |
9 | | awarded grant funds to ensure all qualified students receive |
10 | | scholarship assistance under this Section. |
11 | | (b-15) All grant funds not expended or legally obligated |
12 | | within the time specified in a grant agreement between the |
13 | | Foundation and the Commission shall be returned to the |
14 | | Commission within 45 days. Any funds legally obligated by the |
15 | | end of a grant agreement shall be liquidated within 45 days or |
16 | | otherwise returned to the Commission within 90 days after the |
17 | | end of the grant agreement that resulted in the award of grant |
18 | | funds. |
19 | | (c) Each scholarship awarded under this Section shall be |
20 | | in an amount
sufficient to pay the tuition and fees and room |
21 | | and board costs of the Illinois
institution of higher learning |
22 | | at which the recipient is enrolled, up to
an annual maximum of |
23 | | $5,000; except that in the case of a
recipient who
does not
|
24 | | reside
on-campus at the institution of higher learning at |
25 | | which he or she is enrolled,
the amount of the scholarship |
26 | | shall be sufficient to pay tuition and fee
expenses and a |
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1 | | commuter allowance, up to an annual maximum of $5,000. All |
2 | | scholarship funds distributed in accordance with this Section |
3 | | shall be paid to the institution on behalf of recipients.
|
4 | | (d) The total amount of scholarship assistance awarded by |
5 | | the Commission
under this Section to an individual in any |
6 | | given fiscal year, when added to
other financial assistance |
7 | | awarded to that individual for that year, shall not
exceed the |
8 | | cost of attendance at the institution of higher learning at |
9 | | which
the student is enrolled. In any academic year for which a |
10 | | qualified student under this Section accepts financial |
11 | | assistance through any other teacher scholarship program |
12 | | administered by the Commission, a qualified student shall not |
13 | | be eligible for scholarship assistance awarded under this |
14 | | Section.
|
15 | | (e) A recipient may receive up to 8 semesters or 12
|
16 | | quarters of scholarship
assistance under this Section. |
17 | | Scholarship funds are applicable toward 2 semesters or 3 |
18 | | quarters of enrollment each academic year.
|
19 | | (f) All applications for scholarship assistance to be |
20 | | awarded under this
Section shall be made to the Foundation in a |
21 | | form determined by the Foundation. Each year, the Foundation |
22 | | shall notify the Commission of the individuals awarded |
23 | | scholarship assistance under this Section. Each year, at least |
24 | | 30% of the Golden Apple Scholars of Illinois Program |
25 | | scholarships shall be awarded to students residing in counties |
26 | | having a population of less than 500,000.
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1 | | (g) (Blank).
|
2 | | (h) The Commission shall administer the payment of
|
3 | | scholarship assistance provided through the Golden Apple |
4 | | Scholars of Illinois Program and shall make all necessary
and
|
5 | | proper rules not inconsistent with this Section for the |
6 | | effective
implementation of this Section.
|
7 | | (i) Prior to receiving scholarship assistance for any |
8 | | academic year, each
recipient of a scholarship awarded under |
9 | | this
Section shall be required by the Foundation to sign an |
10 | | agreement under which
the
recipient pledges that, within the |
11 | | 2-year period following the
termination
of the academic |
12 | | program for which the recipient was awarded a scholarship, the
|
13 | | recipient: (i) shall begin teaching for a period of not
less |
14 | | than 5 years, (ii) shall fulfill this teaching obligation at a |
15 | | nonprofit
Illinois public,
private, or parochial
preschool or |
16 | | an Illinois public elementary or secondary school that |
17 | | qualifies for teacher loan cancellation under Section |
18 | | 465(a)(2)(A) of the federal Higher Education Act of 1965 (20 |
19 | | U.S.C. 1087ee(a)(2)(A)) or other Illinois schools deemed |
20 | | eligible for fulfilling the teaching commitment as designated |
21 | | by the Foundation, and (iii)
shall, upon request of
the |
22 | | Foundation, provide the Foundation with evidence that he or |
23 | | she is fulfilling
or has fulfilled the terms of the teaching |
24 | | agreement provided for in this
subsection. Upon request, the |
25 | | Foundation shall provide evidence of teacher fulfillment to |
26 | | the Commission.
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1 | | (j) If a recipient of a scholarship awarded under this |
2 | | Section fails to
fulfill the teaching obligation set forth in |
3 | | subsection (i) of this Section,
the Commission shall require |
4 | | the recipient to repay the amount of the
scholarships |
5 | | received, prorated according to the fraction of the teaching
|
6 | | obligation not completed, plus interest at a rate of 5% and if |
7 | | applicable, reasonable
collection fees.
Payments received by |
8 | | the Commission under this subsection (j)
shall be remitted to |
9 | | the State Comptroller for deposit into
the General Revenue |
10 | | Fund, except that that portion of a
recipient's repayment that |
11 | | equals the amount in expenses that
the Commission has |
12 | | reasonably incurred in attempting
collection from that |
13 | | recipient shall be remitted to the State
Comptroller for |
14 | | deposit into the Commission's Accounts
Receivable Fund. |
15 | | (k) A recipient of a scholarship awarded by the Foundation |
16 | | under this
Section shall not be considered to have failed to |
17 | | fulfill the teaching obligations of the agreement entered into |
18 | | pursuant to
subsection (i) if the recipient (i) enrolls on a |
19 | | full-time basis as a graduate
student in a course of study |
20 | | related to the field of teaching at an institution
of higher |
21 | | learning; (ii) is serving as a member of the armed services of |
22 | | the
United States; (iii) is a person with a temporary total |
23 | | disability, as established by sworn
affidavit of a qualified |
24 | | physician; (iv) is seeking and unable to find
full-time |
25 | | employment as a teacher at a school that satisfies the |
26 | | criteria set
forth
in subsection (i) and is able to provide |
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1 | | evidence of that fact; (v) is taking additional courses, on at |
2 | | least a half-time basis, needed to obtain certification as a |
3 | | teacher in Illinois; (vi) is fulfilling teaching requirements |
4 | | associated with other programs administered by the Commission |
5 | | and cannot concurrently fulfill them under this Section in a |
6 | | period of time equal to the length of the teaching obligation; |
7 | | or (vii) is participating in a program established under |
8 | | Executive Order 10924 of the President of the United States or |
9 | | the federal National Community Service Act of 1990 (42 U.S.C. |
10 | | 12501 et seq.). Any such
extension of the period during which |
11 | | the teaching requirement must be fulfilled
shall be subject to |
12 | | limitations of duration as established by the Commission.
|
13 | | (l) A recipient who fails to fulfill the teaching |
14 | | obligations of the agreement entered into pursuant to |
15 | | subsection (i) of this Section shall repay the amount of |
16 | | scholarship assistance awarded to them under this Section |
17 | | within 10 years. |
18 | | (m) Annually, at a time determined by the Commission in |
19 | | consultation with the Foundation, the Foundation shall submit |
20 | | a report to assist the Commission in monitoring the |
21 | | Foundation's performance of grant activities. The report shall |
22 | | describe the following: |
23 | | (1) the Foundation's anticipated expenditures for the |
24 | | next fiscal year; |
25 | | (2) the number of qualified students receiving |
26 | | scholarship assistance at each institution of higher |
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1 | | learning where a qualified student was enrolled under this |
2 | | Section during the previous fiscal year; |
3 | | (3) the total monetary value of scholarship funds paid |
4 | | to each institution of higher learning at which a |
5 | | qualified student was enrolled during the previous fiscal |
6 | | year; |
7 | | (4) the number of scholarship recipients who completed |
8 | | a baccalaureate degree during the previous fiscal year; |
9 | | (5) the number of scholarship recipients who fulfilled |
10 | | their teaching obligation during the previous fiscal year; |
11 | | (6) the number of scholarship recipients who failed to |
12 | | fulfill their teaching obligation during the previous |
13 | | fiscal year; |
14 | | (7) the number of scholarship recipients granted an |
15 | | extension described in subsection (k) of this Section |
16 | | during the previous fiscal year; |
17 | | (8) the number of scholarship recipients required to |
18 | | repay scholarship assistance in accordance with subsection |
19 | | (j) of this Section during the previous fiscal year; |
20 | | (9) the number of scholarship recipients who |
21 | | successfully repaid scholarship assistance in full during |
22 | | the previous fiscal year; |
23 | | (10) the number of scholarship recipients who |
24 | | defaulted on their obligation to repay scholarship |
25 | | assistance during the previous fiscal year; |
26 | | (11) the amount of scholarship assistance subject to |
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1 | | collection in accordance with subsection (j) of this |
2 | | Section at the end of the previous fiscal year; |
3 | | (12) the amount of collected funds to be remitted to |
4 | | the Comptroller in accordance with subsection (j) of this |
5 | | Section at the end of the previous fiscal year; and |
6 | | (13) other information that the Commission may |
7 | | reasonably request. |
8 | | (n) Nothing in this Section shall affect the rights of the |
9 | | Commission to collect moneys owed to it by recipients of |
10 | | scholarship assistance through the Illinois Future Teacher |
11 | | Corps Program, repealed by this amendatory Act of the 98th |
12 | | General Assembly. |
13 | | (o) The Auditor General shall prepare an annual audit of |
14 | | the operations and finances of the Golden Apple Scholars of |
15 | | Illinois Program. This audit shall be provided to the |
16 | | Governor, General Assembly, and the Commission. |
17 | | (p) The suspension of grant making authority found in |
18 | | Section 4.2 of the Illinois Grant Funds Recovery Act shall not |
19 | | apply to grants made pursuant to this Section. |
20 | | (Source: P.A. 98-533, eff. 8-23-13; 98-718, eff. 1-1-15; |
21 | | 99-143, eff. 7-27-15.)
|
22 | | (110 ILCS 947/62) |
23 | | Sec. 62. Grants for exonerated persons. |
24 | | (a) In this Section: |
25 | | "Exonerated person" means an individual who has received a |
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1 | | pardon from the Governor of the State of Illinois stating that |
2 | | such a pardon is issued on the grounds of innocence of the |
3 | | crime for which he or she was imprisoned or an individual who |
4 | | has received a certificate of innocence from a circuit court |
5 | | pursuant to Section 2-702 of the Code of Civil Procedure. |
6 | | "Satisfactory academic progress" means the qualified |
7 | | applicant's maintenance of minimum standards of academic |
8 | | performance, consistent with requirements for maintaining |
9 | | federal financial aid eligibility, as determined by the |
10 | | institution of higher learning. |
11 | | (b) Subject to a separate appropriation for this purpose, |
12 | | the Commission shall, each year, receive and consider |
13 | | applications for grant assistance under this Section. |
14 | | Recipients of grants issued by the Commission in accordance |
15 | | with this Section must be exonerated persons. Provided that |
16 | | the recipient is maintaining satisfactory academic progress, |
17 | | the funds from the grant may be used to pay up to 8 semesters |
18 | | or 12 quarters of full payment of tuition and mandatory fees at |
19 | | any public university or public community college located in |
20 | | this State for either full or part-time study. This benefit |
21 | | may be used for undergraduate or graduate study. |
22 | | In addition, an exonerated person who has not yet received |
23 | | a high school diploma or a State of Illinois High School |
24 | | Diploma high school equivalency certificate and completes a |
25 | | high school equivalency preparation course through an Illinois |
26 | | Community College Board-approved provider may use grant funds |
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1 | | to pay costs associated with obtaining a State of Illinois |
2 | | High School Diploma high school equivalency certificate , |
3 | | including payment of the cost of the high school equivalency |
4 | | test and up to one retest on each test module, and any |
5 | | additional fees that may be required in order to obtain a State |
6 | | of Illinois High School Diploma an Illinois High School |
7 | | Equivalency Certificate or an official transcript of test |
8 | | scores after successful completion of the high school |
9 | | equivalency test. |
10 | | (c) An applicant for a grant under this Section need not |
11 | | demonstrate financial need to qualify for the benefits. |
12 | | (d) The Commission may adopt any rules necessary to |
13 | | implement and administer this Section.
|
14 | | (Source: P.A. 99-199, eff. 1-1-16 .)
|
15 | | Section 40. The Illinois Insurance Code is amended by |
16 | | changing Section 500-50 as follows:
|
17 | | (215 ILCS 5/500-50)
|
18 | | (Section scheduled to be repealed on January 1, 2027)
|
19 | | Sec. 500-50. Insurance producers; examination statistics.
|
20 | | (a) The use of examinations for the purpose of determining |
21 | | qualifications of
persons
to be licensed as insurance |
22 | | producers has a direct and far-reaching effect on
persons |
23 | | seeking
those licenses, on insurance companies, and on the |
24 | | public. It is in the public
interest and it will
further the |
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1 | | public welfare to insure that examinations for licensing do |
2 | | not
have the effect of
unlawfully discriminating against |
3 | | applicants for licensing as insurance
producers on the basis |
4 | | of
race, color, national origin, or sex.
|
5 | | (b) As used in this Section, the following words have the |
6 | | meanings given in
this
subsection.
|
7 | | Examination. "Examination" means the examination in each |
8 | | line of insurance
administered pursuant to Section 500-30.
|
9 | | Examinee. "Examinee" means a person who takes an |
10 | | examination.
|
11 | | Part. "Part" means a portion of an examination for which a |
12 | | score is
calculated.
|
13 | | Operational item. "Operational item" means a test question |
14 | | considered in
determining an
examinee's score.
|
15 | | Test form. "Test form" means the test booklet or |
16 | | instrument used for a part
of
an
examination.
|
17 | | Pretest item. "Pretest item" means a prospective test |
18 | | question that is
included
in a test
form in order to assess its |
19 | | performance, but is not considered in determining
an |
20 | | examinee's score.
|
21 | | Minority group or examinees. "Minority group" or "minority |
22 | | examinees" means
examinees who are American Indian or Alaska |
23 | | Native, Asian, Black or African American, Hispanic or Latino, |
24 | | or Native Hawaiian or Other Pacific Islander.
|
25 | | Correct-answer rate. "Correct-answer rate" for an item |
26 | | means the number of
examinees
who provided the correct answer |
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1 | | on an item divided by the number of examinees
who answered
the |
2 | | item.
|
3 | | Correlation. "Correlation" means a statistical measure of |
4 | | the relationship
between
performance on an item and |
5 | | performance on a part of the examination.
|
6 | | (c) The Director shall ask each examinee to self-report on |
7 | | a voluntary basis
on the
answer sheet, application form, or by |
8 | | other appropriate means, the following
information:
|
9 | | (1) race or ethnicity (American Indian or Alaska |
10 | | Native, Asian, Black or African American, Hispanic or |
11 | | Latino, Native Hawaiian or Other Pacific Islander, or |
12 | | White);
|
13 | | (2) education (8th grade or less; less than 12th |
14 | | grade; high school
diploma or State of Illinois High |
15 | | School Diploma high school equivalency certificate ; some |
16 | | college, but no 4-year degree; or 4-year degree or more); |
17 | | and
|
18 | | (3) gender (male or female).
|
19 | | The Director must advise all examinees that they are not |
20 | | required to provide
this
information, that they will not be |
21 | | penalized for not doing so, and that the
Director will use the
|
22 | | information provided exclusively for research and statistical |
23 | | purposes and to
improve the quality
and fairness of the |
24 | | examinations.
|
25 | | (d) No later than May 1 of each year, the Director must |
26 | | prepare, publicly
announce,
and publish an Examination Report |
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1 | | of summary statistical information relating
to each
|
2 | | examination administered during the preceding calendar year. |
3 | | Each Examination
Report shall
show with respect to each |
4 | | examination:
|
5 | | (1) For all examinees combined and separately by race |
6 | | or ethnicity, by
educational level, by gender, by |
7 | | educational level within race or ethnicity, by
education
|
8 | | level within gender, and by race or ethnicity within |
9 | | gender:
|
10 | | (A) number of examinees;
|
11 | | (B) percentage and number of examinees who passed |
12 | | each part;
|
13 | | (C) percentage and number of examinees who passed |
14 | | all parts;
|
15 | | (D) mean scaled scores on each part; and
|
16 | | (E) standard deviation of scaled scores on each |
17 | | part.
|
18 | | (2) For male examinees, female examinees, Black or |
19 | | African American examinees,
white examinees, American |
20 | | Indian or Alaska Native examinees, Asian examinees, |
21 | | Hispanic or Latino
examinees, and Native Hawaiian or Other |
22 | | Pacific Islander, respectively, with a high school diploma |
23 | | or State of Illinois High School Diploma high school |
24 | | equivalency certificate , the distribution
of scaled
scores |
25 | | on each part.
|
26 | | No later than May 1 of each year, the Director must prepare |
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1 | | and make
available on
request an Item Report of summary |
2 | | statistical information relating to each
operational item on
|
3 | | each test form administered during the preceding calendar |
4 | | year. The Item Report
shall show, for
each operational item, |
5 | | for all examinees combined and separately for Black or African
|
6 | | American
examinees, white examinees, American Indian or Alaska |
7 | | Native examinees, Asian examinees,
Hispanic or Latino |
8 | | examinees, and Native Hawaiian or Other Pacific Islander, the |
9 | | correct-answer rates and correlations.
|
10 | | The Director is not required to report separate |
11 | | statistical information
for any group or
subgroup comprising |
12 | | fewer than 50 examinees.
|
13 | | (e) The Director must obtain a regular analysis of the |
14 | | data collected under
this
Section, and any other relevant |
15 | | information, for purposes of the development of
new test |
16 | | forms.
The analysis shall continue the implementation of the |
17 | | item selection
methodology as
recommended in the Final Report |
18 | | of the Illinois Insurance Producer's Licensing
Examination
|
19 | | Advisory Committee dated November 19, 1991, and filed with the |
20 | | Department
unless some other
methodology is determined by the |
21 | | Director to be as effective in minimizing
differences between
|
22 | | white and minority examinee pass-fail rates.
|
23 | | (f) The Director has the discretion to set cutoff scores |
24 | | for the
examinations, provided
that scaled scores on test |
25 | | forms administered after July 1, 1993, shall be made
|
26 | | comparable to
scaled scores on test forms administered in 1991 |
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1 | | by use of professionally
acceptable methods so
as to minimize |
2 | | changes in passing rates related to the presence or absence of
|
3 | | or changes in
equating or scaling equations or methods or |
4 | | content outlines. Each calendar
year, the scaled
cutoff score |
5 | | for each part of each examination shall fluctuate by no more |
6 | | than
the standard error
of measurement from the scaled cutoff |
7 | | score employed during the preceding year.
|
8 | | (g) No later than May 1, 2003 and no later than May 1 of |
9 | | every fourth year
thereafter,
the Director must release to the |
10 | | public and make generally available one
representative test |
11 | | form
and set of answer keys for each part of each examination.
|
12 | | (h) The Director must maintain, for a period of 3 years |
13 | | after they are
prepared or
used, all registration forms, test |
14 | | forms, answer sheets, operational items and
pretest items, |
15 | | item
analyses, and other statistical analyses relating to the |
16 | | examinations. All
personal identifying
information regarding |
17 | | examinees and the content of test items must be
maintained |
18 | | confidentially
as necessary for purposes of protecting the |
19 | | personal privacy of examinees and
the maintenance of
test |
20 | | security.
|
21 | | (i) In administering the examinations, the Director must |
22 | | make such
accommodations
for examinees with disabilities as |
23 | | are reasonably warranted by the particular disability
|
24 | | involved,
including the provision of additional time if |
25 | | necessary to complete an
examination or special
assistance in |
26 | | taking an examination. |
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1 | | (j) For the purposes of this Section:
|
2 | | (1) "American Indian or Alaska Native" means a person |
3 | | having origins in any of the original peoples of North and |
4 | | South America, including Central America, and who |
5 | | maintains tribal affiliation or community attachment. |
6 | | (2) "Asian" means a person having origins in any of |
7 | | the original peoples of the Far East, Southeast Asia, or |
8 | | the Indian subcontinent, including, but not limited to, |
9 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, |
10 | | the Philippine Islands, Thailand, and Vietnam. |
11 | | (3) "Black or African American" means a person having |
12 | | origins in any of the black racial groups of Africa. |
13 | | (4) "Hispanic or Latino" means a person of Cuban, |
14 | | Mexican, Puerto Rican, South or Central American, or other |
15 | | Spanish culture or origin, regardless of race. |
16 | | (5) "Native Hawaiian or Other Pacific Islander" means |
17 | | a person having origins in any of the original peoples of |
18 | | Hawaii, Guam, Samoa, or other Pacific Islands. |
19 | | (6) "White" means a person having origins in any of |
20 | | the original peoples of Europe, the Middle East, or North |
21 | | Africa. |
22 | | (Source: P.A. 102-465, eff. 1-1-22 .)
|
23 | | Section 45. The Nurse Practice Act is amended by changing |
24 | | Section 80-40 as follows:
|
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1 | | (225 ILCS 65/80-40) |
2 | | (Section scheduled to be repealed on January 1, 2028) |
3 | | Sec. 80-40. Licensure by examination. An applicant for |
4 | | licensure by examination to practice as a licensed medication |
5 | | aide
must: |
6 | | (1) submit a completed written application on forms |
7 | | provided by the Department and fees
as established by the |
8 | | Department; |
9 | | (2) be age 18 or older; |
10 | | (3) have a high school diploma or a State of Illinois |
11 | | High School Diploma high school equivalency certificate ; |
12 | | (4) demonstrate the ability to speak, read, and write |
13 | | the English language, as determined by
rule; |
14 | | (5) demonstrate competency in math, as determined by |
15 | | rule; |
16 | | (6) be currently certified in good standing as a |
17 | | certified nursing assistant and provide
proof of 2,000 |
18 | | hours of practice as a certified nursing assistant within |
19 | | 3 years before
application for licensure; |
20 | | (7) submit to the criminal history records check |
21 | | required under Section 50-35 of this Act; |
22 | | (8) have not engaged in conduct or behavior determined |
23 | | to be grounds for discipline under
this Act; |
24 | | (9) be currently certified to perform cardiopulmonary |
25 | | resuscitation by the American Heart
Association or |
26 | | American Red Cross; |
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1 | | (10) have successfully completed a course of study |
2 | | approved by the Department as defined
by rule; to be |
3 | | approved, the program must include a minimum of 60 hours |
4 | | of classroom-based medication aide education, a minimum of |
5 | | 10 hours of simulation laboratory study, and
a minimum of |
6 | | 30 hours of registered nurse-supervised clinical practicum |
7 | | with progressive responsibility
of patient medication |
8 | | assistance; |
9 | | (11) have successfully completed the Medication Aide |
10 | | Certification Examination or other
examination authorized |
11 | | by the Department; and |
12 | | (12) submit proof of employment by a qualifying |
13 | | facility.
|
14 | | (Source: P.A. 98-990, eff. 8-18-14; 99-78, eff. 7-20-15 .)
|
15 | | Section 50. The Pharmacy Practice Act is amended by |
16 | | changing Section 9 as follows:
|
17 | | (225 ILCS 85/9) (from Ch. 111, par. 4129)
|
18 | | (Section scheduled to be repealed on January 1, 2023)
|
19 | | Sec. 9. Licensure as registered pharmacy technician. |
20 | | (a) Any person shall be entitled
to licensure as a |
21 | | registered pharmacy technician who is of the age of 16
or over, |
22 | | has not engaged in conduct or behavior determined to be |
23 | | grounds for
discipline under this Act, is attending or has
|
24 | | graduated from an accredited high school or comparable school |
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1 | | or educational
institution or received a State of Illinois |
2 | | High School Diploma high school equivalency certificate , and |
3 | | has filed a written or electronic application for licensure on |
4 | | a form
to be prescribed and furnished by the Department for |
5 | | that purpose. The
Department shall issue a license as a |
6 | | registered pharmacy technician to any applicant who has
|
7 | | qualified as aforesaid, and such license shall be the sole |
8 | | authority
required to assist licensed pharmacists in the |
9 | | practice of pharmacy, under
the supervision of a licensed |
10 | | pharmacist. A registered pharmacy technician may be delegated |
11 | | to perform any task within the practice of pharmacy if |
12 | | specifically trained for that task, except for patient |
13 | | counseling, drug regimen review, or clinical conflict |
14 | | resolution. |
15 | | (b) Beginning on January 1, 2017, within 2 years after |
16 | | initial licensure as a registered pharmacy technician, the |
17 | | licensee must meet the requirements described in Section 9.5 |
18 | | of this Act and become licensed as a registered certified |
19 | | pharmacy technician. If the licensee has not yet attained the |
20 | | age of 18, then upon the next renewal as a registered pharmacy |
21 | | technician, the licensee must meet the requirements described |
22 | | in Section 9.5 of this Act and become licensed as a registered |
23 | | certified pharmacy technician. This requirement does not apply |
24 | | to pharmacy technicians registered prior to January 1, 2008.
|
25 | | (c) Any person registered
as a pharmacy technician who is |
26 | | also enrolled in a first professional
degree program in |
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1 | | pharmacy in a school or college of pharmacy or a
department of |
2 | | pharmacy of a university approved by the Department or has |
3 | | graduated from such a program within the last 18 months, shall |
4 | | be
considered a "student pharmacist"
and entitled to use the |
5 | | title "student pharmacist". A student pharmacist must meet all |
6 | | of the requirements for licensure as a registered pharmacy |
7 | | technician set forth in this Section excluding the requirement |
8 | | of certification prior to the second license renewal and pay |
9 | | the required registered pharmacy technician license fees. A |
10 | | student pharmacist may, under the supervision of a pharmacist, |
11 | | assist in the practice of pharmacy and perform any and all |
12 | | functions delegated to him or her by the pharmacist. |
13 | | (d) Any person seeking licensure as a pharmacist who has |
14 | | graduated from a pharmacy program outside the United States |
15 | | must register as a pharmacy technician and shall be considered |
16 | | a "student pharmacist" and be entitled to use the title |
17 | | "student pharmacist" while completing the 1,200 clinical hours |
18 | | of training approved by the Board of Pharmacy described and |
19 | | for no more than 18 months after completion of these hours. |
20 | | These individuals are not required to become registered |
21 | | certified pharmacy technicians while completing their Board |
22 | | approved clinical training, but must become licensed as a |
23 | | pharmacist or become licensed as a registered certified |
24 | | pharmacy technician before the second pharmacy technician |
25 | | license renewal following completion of the Board approved |
26 | | clinical training. |
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1 | | (e) The Department shall not renew the registered pharmacy |
2 | | technician license of any person who has been licensed as a |
3 | | registered pharmacy technician with the designation "student |
4 | | pharmacist" who: (1) has dropped out of or been expelled from |
5 | | an ACPE accredited college of pharmacy; (2) has failed to |
6 | | complete his or her 1,200 hours of Board approved clinical |
7 | | training within 24 months; or (3) has failed the pharmacist |
8 | | licensure examination 3 times. The Department shall require |
9 | | these individuals to meet the requirements of and become |
10 | | licensed as a registered certified pharmacy technician. |
11 | | (f) The Department may
take any action set forth in |
12 | | Section 30 of this Act with regard to a license
pursuant to |
13 | | this Section.
|
14 | | (g) Any person who is enrolled in a non-traditional |
15 | | Pharm.D.
program at an ACPE accredited college of pharmacy and |
16 | | is licensed as a registered pharmacist
under the laws of |
17 | | another United States jurisdiction shall be permitted to
|
18 | | engage in the program of practice experience required in the |
19 | | academic program
by virtue of such license. Such person shall |
20 | | be exempt from the requirement
of licensure as a registered |
21 | | pharmacy technician or registered certified pharmacy |
22 | | technician while engaged in the
program of practice experience |
23 | | required in the academic program.
|
24 | | An applicant for licensure as a registered pharmacy |
25 | | technician may assist a
pharmacist in the practice of pharmacy |
26 | | for a period of up to
60 days prior to the issuance of a |
|
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1 | | license if the
applicant has submitted the required fee and an |
2 | | application for licensure
to the Department. The applicant |
3 | | shall keep a copy of the submitted
application on the premises |
4 | | where the applicant is assisting in the
practice of pharmacy. |
5 | | The Department shall forward confirmation of receipt of the |
6 | | application with start and expiration dates of practice |
7 | | pending licensure.
|
8 | | (Source: P.A. 100-497, eff. 9-8-17; 101-621, eff. 1-1-20.)
|
9 | | Section 55. The Structural Pest Control Act is amended by |
10 | | changing Section 5 as follows:
|
11 | | (225 ILCS 235/5) (from Ch. 111 1/2, par. 2205)
|
12 | | (Section scheduled to be repealed on December 31, 2029)
|
13 | | Sec. 5. Certification requirements. No individual shall |
14 | | apply any
general use or restricted pesticide while engaged in |
15 | | commercial structural
pest control in this State unless the |
16 | | individual is engaged in or has completed the training |
17 | | requirements prescribed by the Department and is certified, or |
18 | | supervised by someone who
is certified, by the Department in |
19 | | accordance with this Section.
|
20 | | No individual shall apply any restricted pesticide while |
21 | | engaged in
non-commercial structural pest control in this |
22 | | State unless the individual is engaged in or has completed the |
23 | | training requirements prescribed by the Department and is |
24 | | certified or
supervised by someone who is certified in |
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1 | | accordance
with this Section. In addition, any individual at |
2 | | any non-commercial
structural pest control location using |
3 | | general use pesticides shall comply
with the labeling |
4 | | requirements of the pesticides used at that location.
|
5 | | Each commercial structural pest control location shall be |
6 | | required to
employ at least one certified technician at each |
7 | | location. In addition,
each non-commercial structural pest |
8 | | control location utilizing restricted
pesticides shall be |
9 | | required to employ at least one certified technician at
each |
10 | | location. Individuals who are not certified technicians may |
11 | | work
under the supervision of a certified technician employed |
12 | | at the commercial
or non-commercial location who shall be |
13 | | responsible for their pest control
activities. Any technician |
14 | | providing supervision for the use of restricted
pesticides |
15 | | must be certified in the sub-category for which he is |
16 | | providing
supervision.
|
17 | | A. Any individual engaging in commercial structural pest |
18 | | control and
utilizing general use pesticides must:
|
19 | | 1. be at least 18 years of age; |
20 | | 2. hold a high school diploma or State of Illinois |
21 | | High School Diploma high school equivalency certificate ; |
22 | | and
|
23 | | 3. have filed an original application, paid the
fee |
24 | | required for examination, and have passed the
General |
25 | | Standards examination.
|
26 | | B. Any individual engaging in commercial or non-commercial |
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1 | | structural
pest control and supervising the use of restricted |
2 | | pesticides in any one of the
sub-categories in Section 7 of |
3 | | this Act must:
|
4 | | 1. be at least 18 years of age; |
5 | | 2. hold a high school diploma or a State of Illinois |
6 | | High School Diploma high school equivalency certificate ; |
7 | | and
|
8 | | 3. have:
|
9 | | a. six months of practical experience in |
10 | | structural pest control; or
|
11 | | b. successfully completed a minimum of 16 semester |
12 | | hours,
or their equivalent, in entomology or related |
13 | | fields from a
recognized college or university; or
|
14 | | c. successfully completed a pest control course,
|
15 | | approved by the Department, from a recognized |
16 | | educational
institution or other entity.
|
17 | | Each applicant shall have filed an original application |
18 | | and paid the
fee required for examination. Every applicant who |
19 | | successfully passes the
General Standards examination and at |
20 | | least one sub-category examination
shall be certified in each |
21 | | sub-category which he has successfully passed.
|
22 | | A certified technician who wishes to be certified in
|
23 | | sub-categories for which he has not been previously certified
|
24 | | may apply for any sub-category examination provided he meets |
25 | | the
requirements set forth in this Section, files an original |
26 | | application,
and pays the fee for examination.
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1 | | An applicant who fails to pass the General Standards |
2 | | examination
or any sub-category examination may reapply for |
3 | | that examination, provided
that he files an application and |
4 | | pays the fee required for an original
examination. |
5 | | Re-examination applications shall be on forms prescribed
by |
6 | | the Department.
|
7 | | (Source: P.A. 100-716, eff. 8-3-18.)
|
8 | | Section 60. The Community Association Manager Licensing |
9 | | and Disciplinary Act is amended by changing Section 40 as |
10 | | follows:
|
11 | | (225 ILCS 427/40) |
12 | | (Section scheduled to be repealed on January 1, 2027) |
13 | | Sec. 40. Qualifications for licensure as a community |
14 | | association manager. |
15 | | (a) No person shall be qualified for licensure as a |
16 | | community association manager under this Act unless the person |
17 | | has applied in writing on the prescribed forms and has paid the |
18 | | required, nonrefundable fees and has met all of the following |
19 | | qualifications: |
20 | | (1) Is at least 18 years of age. |
21 | | (1.5) Successfully completed a 4-year course of study |
22 | | in a high school, secondary school, or an equivalent |
23 | | course of study approved by the state in which the school |
24 | | is located, or possess a State of Illinois High School |
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1 | | Diploma high school equivalency certificate , which shall |
2 | | be verified under oath by the applicant. |
3 | | (2) Provided satisfactory evidence of having completed |
4 | | at least 20 classroom hours in community association |
5 | | management courses approved by the Board. |
6 | | (3) Passed an examination authorized by the |
7 | | Department.
|
8 | | (4) Has not committed an act or acts, in this or any |
9 | | other jurisdiction, that would be a violation of this Act. |
10 | | (5) Is of good moral character. In determining moral |
11 | | character under this Section, the Department may take into |
12 | | consideration whether the applicant has engaged in conduct |
13 | | or activities that would constitute grounds for discipline |
14 | | under this Act. Good moral character is a continuing |
15 | | requirement of licensure. Conviction of crimes may be used |
16 | | in determining moral character, but shall not constitute |
17 | | an absolute bar to licensure. |
18 | | (6) Has not been declared by any court of competent |
19 | | jurisdiction to be incompetent by reason of mental or |
20 | | physical defect or disease, unless subsequently declared |
21 | | by a court to be competent. |
22 | | (7) Complies with any additional qualifications for |
23 | | licensure as determined by rule of the Department. |
24 | | (b) (Blank). |
25 | | (c) (Blank). |
26 | | (d) Applicants have 3 years from the date of application |
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1 | | to complete the application process. If the process has not |
2 | | been completed within the 3 years, the application shall be |
3 | | denied, the fee shall be forfeited, and the applicant must |
4 | | reapply and meet the requirements in effect at the time of |
5 | | re-application. |
6 | | (e) The Department shall not require applicants to report |
7 | | the following information and shall not consider the following |
8 | | criminal history records in connection with an application for |
9 | | licensure: |
10 | | (1) juvenile adjudications of delinquent minors as |
11 | | defined in Section 5-105 of the Juvenile Court Act of 1987 |
12 | | subject to the restrictions set forth in Section 5-130 of |
13 | | that Act; |
14 | | (2) law enforcement records, court records, and |
15 | | conviction records of an individual who was 17 years old |
16 | | at the time of the offense and before January 1, 2014, |
17 | | unless the nature of the offense required the individual |
18 | | to be tried as an adult; |
19 | | (3) records of arrest not followed by a charge or |
20 | | conviction; |
21 | | (4) records of arrest in which the charges were |
22 | | dismissed unless related to the practice of the |
23 | | profession; however, applicants shall not be asked to |
24 | | report any arrests, and an arrest not followed by a |
25 | | conviction shall not be the basis of a denial and may be |
26 | | used only to assess an applicant's rehabilitation; |
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1 | | (5) convictions overturned by a higher court; or |
2 | | (6) convictions or arrests that have been sealed or |
3 | | expunged. |
4 | | (f) An applicant or licensee shall report to the |
5 | | Department, in a manner prescribed by the Department, and |
6 | | within 30 days after the occurrence if during the term of |
7 | | licensure: (i) any conviction of or plea of guilty or nolo |
8 | | contendere to forgery, embezzlement, obtaining money under |
9 | | false pretenses, larceny, extortion, conspiracy to defraud, or |
10 | | any similar offense or offenses or any conviction of a felony |
11 | | involving moral turpitude; (ii) the entry of an administrative |
12 | | sanction by a government agency in this State or any other |
13 | | jurisdiction that has as an essential element dishonesty or |
14 | | fraud or involves larceny, embezzlement, or obtaining money, |
15 | | property, or credit by false pretenses; or (iii) any |
16 | | conviction of or plea of guilty or nolo contendere to a crime |
17 | | that subjects the licensee to compliance with the requirements |
18 | | of the Sex Offender Registration Act.
|
19 | | (Source: P.A. 102-20, eff. 1-1-22 .)
|
20 | | Section 65. The Home Inspector License Act is amended by |
21 | | changing Section 5-10 as follows:
|
22 | | (225 ILCS 441/5-10)
|
23 | | (Section scheduled to be repealed on January 1, 2027)
|
24 | | Sec. 5-10. Application for home inspector license. |
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1 | | (a) Every natural person
who
desires to obtain a home |
2 | | inspector license shall:
|
3 | | (1) apply to the Department in a manner prescribed by |
4 | | the Department and accompanied by the required
fee; all |
5 | | applications shall contain the information that, in the |
6 | | judgment of the Department, enables the Department to pass |
7 | | on the qualifications of the applicant for a license to |
8 | | practice as a home inspector as set by rule;
|
9 | | (2) be at least 18 years of age;
|
10 | | (3) successfully complete a 4-year course of study in |
11 | | a high school or secondary school or an equivalent course |
12 | | of study approved by the state in which the school is |
13 | | located, or possess a State of Illinois High School |
14 | | Diploma high school equivalency certificate , which shall |
15 | | be verified under oath by the applicant;
|
16 | | (4) personally take and pass a written examination and |
17 | | a field examination authorized by the Department; and
|
18 | | (5) prior to taking the examination, provide evidence
|
19 | | to the Department that the applicant has
successfully |
20 | | completed the prerequisite classroom hours of instruction |
21 | | in home
inspection, as established by rule.
|
22 | | (b) The Department shall not require applicants to report |
23 | | the following information and shall not consider the following |
24 | | criminal history records in connection with an application for |
25 | | licensure or registration: |
26 | | (1) juvenile adjudications of delinquent minors as |
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1 | | defined in Section 5-105 of the Juvenile Court Act of 1987 |
2 | | subject to the restrictions set forth in Section 5-130 of |
3 | | that Act; |
4 | | (2) law enforcement records, court records, and |
5 | | conviction records of an individual who was 17 years old |
6 | | at the time of the offense and before January 1, 2014, |
7 | | unless the nature of the offense required the individual |
8 | | to be tried as an adult; |
9 | | (3) records of arrest not followed by a charge or |
10 | | conviction; |
11 | | (4) records of arrest where the charges were dismissed |
12 | | unless related to the practice of the profession; however, |
13 | | applicants shall not be asked to report any arrests, and |
14 | | an arrest not followed by a conviction shall not be the |
15 | | basis of denial and may be used only to assess an |
16 | | applicant's rehabilitation; |
17 | | (5) convictions overturned by a higher court; or |
18 | | (6) convictions or arrests that have been sealed or |
19 | | expunged. |
20 | | (c) An applicant or licensee shall report to the |
21 | | Department, in a manner prescribed by the Department, upon |
22 | | application and within 30 days after the occurrence, if during |
23 | | the term of licensure, (i) any conviction of or plea of guilty |
24 | | or nolo contendere to forgery, embezzlement, obtaining money |
25 | | under false pretenses, larceny, extortion, conspiracy to |
26 | | defraud, or any similar offense or offenses or any conviction |
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1 | | of a felony involving moral turpitude, (ii) the entry of an |
2 | | administrative sanction by a government agency in this State |
3 | | or any other jurisdiction that has as an essential element |
4 | | dishonesty or fraud or involves larceny, embezzlement, or |
5 | | obtaining money, property, or credit by false pretenses, or |
6 | | (iii) a crime that subjects the licensee to compliance with |
7 | | the requirements of the Sex Offender Registration Act. |
8 | | (d) Applicants have 3 years after the date of the |
9 | | application to complete the application process. If the |
10 | | process has not been completed within 3 years, the application |
11 | | shall be denied, the fee forfeited, and the applicant must |
12 | | reapply and meet the requirements in effect at the time of |
13 | | reapplication. |
14 | | (Source: P.A. 102-20, eff. 1-1-22 .)
|
15 | | Section 70. The Real Estate License Act of 2000 is amended |
16 | | by changing Sections 5-10, 5-27, and 5-28 as follows:
|
17 | | (225 ILCS 454/5-10)
|
18 | | (Section scheduled to be repealed on January 1, 2030)
|
19 | | Sec. 5-10. Requirements for license as a residential |
20 | | leasing agent; continuing education. |
21 | | (a) Every applicant for licensure as a residential leasing |
22 | | agent must meet the following qualifications: |
23 | | (1) be at least 18 years of age; |
24 | | (2) be of good moral
character; |
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1 | | (3) successfully complete
a 4-year course of study in |
2 | | a high school or secondary school or an
equivalent course |
3 | | of
study approved by the state in which the school is |
4 | | located, or possess a State of Illinois High School |
5 | | Diploma high school equivalency certificate , which shall |
6 | | be verified under oath by the applicant; |
7 | | (4) personally take and pass a written
examination |
8 | | authorized by the Department sufficient to demonstrate the |
9 | | applicant's
knowledge of the
provisions of this Act |
10 | | relating to residential leasing agents and the applicant's
|
11 | | competence to engage in the
activities of a licensed |
12 | | residential leasing agent; |
13 | | (5) provide satisfactory evidence of having completed |
14 | | 15 hours of
instruction in an approved course of study |
15 | | relating to the leasing of residential real property. The |
16 | | Board may recommend to the Department the number of hours |
17 | | each topic of study shall require. The
course of study |
18 | | shall, among other topics, cover
the provisions of this |
19 | | Act
applicable to residential leasing agents; fair housing |
20 | | and human rights issues relating to residential
leasing; |
21 | | advertising and marketing issues;
leases, applications, |
22 | | and credit and criminal background reports; owner-tenant |
23 | | relationships and
owner-tenant laws; the handling of |
24 | | funds; and
environmental issues relating
to residential |
25 | | real
property; |
26 | | (6) complete any other requirements as set forth by |
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1 | | rule; and
|
2 | | (7) present a valid application for issuance of an |
3 | | initial license accompanied by fees specified by rule. |
4 | | (b) No applicant shall engage in any of the activities |
5 | | covered by this Act without a valid license and until a valid |
6 | | sponsorship has been registered with the Department. |
7 | | (c) Successfully completed course work, completed pursuant |
8 | | to the
requirements of this
Section, may be applied to the |
9 | | course work requirements to obtain a managing
broker's or
|
10 | | broker's license as provided by rule. The Board may
recommend |
11 | | to the Department and the Department may adopt requirements |
12 | | for approved courses, course
content, and the
approval of |
13 | | courses, instructors, and education providers, as well as |
14 | | education provider and instructor
fees. The Department may
|
15 | | establish continuing education requirements for residential |
16 | | licensed leasing agents, by
rule, consistent with the language |
17 | | and intent of this Act, with the advice of
the Board.
|
18 | | (d) The continuing education requirement for residential |
19 | | leasing agents shall consist of a single core curriculum to be |
20 | | prescribed by the Department as recommended by the Board. |
21 | | Leasing agents shall be required to complete no less than 8 |
22 | | hours of continuing education in the core curriculum for each |
23 | | 2-year renewal period. The curriculum shall, at a minimum, |
24 | | consist of a single course or courses on the subjects of fair |
25 | | housing and human rights issues related to residential |
26 | | leasing, advertising and marketing issues, leases, |
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1 | | applications, credit reports, and criminal history, the |
2 | | handling of funds, owner-tenant relationships and owner-tenant |
3 | | laws, and environmental issues relating to residential real |
4 | | estate. |
5 | | (Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
|
6 | | (225 ILCS 454/5-27) |
7 | | (Section scheduled to be repealed on January 1, 2030) |
8 | | Sec. 5-27. Requirements for licensure as a broker. |
9 | | (a) Every applicant for licensure as a broker must meet |
10 | | the following qualifications: |
11 | | (1) Be at least 18 years of age; |
12 | | (2) Be of good moral character; |
13 | | (3) Successfully complete a 4-year course of study in |
14 | | a high school or secondary school approved by the state in |
15 | | which the school is located, or possess a State of |
16 | | Illinois High School Diploma high school equivalency |
17 | | certificate , which shall be verified under oath by the |
18 | | applicant; |
19 | | (4) (Blank); |
20 | | (5) Provide satisfactory evidence of having completed |
21 | | 75 hours of instruction in real estate courses approved by |
22 | | the Department, 15 hours of which must consist of |
23 | | situational and case studies presented in the classroom or |
24 | | by live, interactive webinar or online distance education |
25 | | courses; |
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1 | | (6) Personally take and pass a written examination |
2 | | authorized by the Department; |
3 | | (7) Present a valid application for issuance of a |
4 | | license accompanied by the fees specified by rule. |
5 | | (b) The requirements specified in items (3) and (5) of |
6 | | subsection (a) of this Section do not apply to applicants who |
7 | | are currently admitted to practice law by the Supreme Court of |
8 | | Illinois and are currently in active standing. |
9 | | (c) No applicant shall engage in any of the activities |
10 | | covered by this Act until a valid sponsorship has been |
11 | | registered with the Department. |
12 | | (d) All licenses should be readily available to the public |
13 | | at the licensee's place of business.
|
14 | | (e) An individual holding an active license as a managing |
15 | | broker may, upon written request to the Department, |
16 | | permanently and irrevocably place his or her managing broker |
17 | | license on inactive status and shall be issued a broker's |
18 | | license in exchange. Any individual obtaining a broker's |
19 | | license under this subsection (e) shall be considered as |
20 | | having obtained a broker's license by education and passing |
21 | | the required test and shall be treated as such in determining |
22 | | compliance with this Act. |
23 | | (Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
|
24 | | (225 ILCS 454/5-28) |
25 | | (Section scheduled to be repealed on January 1, 2030) |
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1 | | Sec. 5-28. Requirements for licensure as a managing |
2 | | broker. |
3 | | (a) Every applicant for licensure as a managing broker |
4 | | must meet the following qualifications: |
5 | | (1) be at least 20 years of age; |
6 | | (2) be of good moral character; |
7 | | (3) have been licensed at least 2 consecutive years |
8 | | out of the preceding 3 years as a broker; |
9 | | (4) successfully complete a 4-year course of study in |
10 | | high school or secondary school approved by the state in |
11 | | which the school is located, or a State of Illinois High |
12 | | School Diploma high school equivalency certificate , which |
13 | | shall be verified under oath by the applicant; |
14 | | (5) provide satisfactory evidence of having completed |
15 | | at least 165 hours, 120 of which shall be those hours |
16 | | required pre-licensure and post-licensure to obtain a |
17 | | broker's license, and 45 additional hours completed within |
18 | | the year immediately preceding the filing of an |
19 | | application for a managing broker's license, which hours |
20 | | shall focus on brokerage administration and management and |
21 | | residential leasing agent management and include at least |
22 | | 15 hours in the classroom or by live, interactive webinar |
23 | | or online distance education courses; |
24 | | (6) personally take and pass a written examination |
25 | | authorized by the Department; and |
26 | | (7) submit a valid application for issuance of a |
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1 | | license accompanied by the fees specified by rule. |
2 | | (b) The requirements specified in item (5) of subsection |
3 | | (a) of this Section do not apply to applicants who are |
4 | | currently admitted to practice law by the Supreme Court of |
5 | | Illinois and are currently in active standing.
|
6 | | (Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
|
7 | | Section 75. The Illinois Public Aid Code is amended by |
8 | | changing Sections 4-1.9 and 9A-8 as follows:
|
9 | | (305 ILCS 5/4-1.9) (from Ch. 23, par. 4-1.9)
|
10 | | Sec. 4-1.9. Participation in Educational and Vocational |
11 | | Training Programs.
|
12 | | (a) A parent or parents and a child age 16 or over not in |
13 | | regular
attendance
in school, as defined in Section 4-1.1 as |
14 | | that Section existed on August 26,
1969 (the effective date of |
15 | | Public Act 76-1047), for whom education and
training is |
16 | | suitable, must participate in the educational and vocational
|
17 | | training programs provided pursuant to Article IXA.
|
18 | | (b) A parent who is less than 20 years of age and who has |
19 | | not
received a
high school diploma or State of Illinois High |
20 | | School Diploma high school equivalency certificate is required |
21 | | to be
enrolled in school or in an educational program that is |
22 | | expected to result in
the receipt of a high school diploma or |
23 | | State of Illinois High School Diploma high school equivalency |
24 | | certificate ,
except 18 and 19 year old parents may be assigned |
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1 | | to work activities or
training if it is determined based on an |
2 | | individualized assessment that
secondary school is |
3 | | inappropriate.
|
4 | | (Source: P.A. 89-6, eff. 3-6-95; 90-17, eff. 7-1-97.)
|
5 | | (305 ILCS 5/9A-8) (from Ch. 23, par. 9A-8)
|
6 | | Sec. 9A-8. Operation of program.
|
7 | | (a) At the time of application or redetermination of |
8 | | eligibility under
Article IV, as determined by rule, the |
9 | | Illinois Department shall provide
information in writing and |
10 | | orally regarding the education, training and
employment |
11 | | program to all applicants and recipients. The information
|
12 | | required shall be established by rule and shall include, but |
13 | | need not be
limited to:
|
14 | | (1) education (including literacy training), |
15 | | employment and training
opportunities available, the |
16 | | criteria for approval of those opportunities,
and the |
17 | | right to request changes in the personal responsibility |
18 | | and
services plan to include those opportunities;
|
19 | | (1.1) a complete list of all activities that are |
20 | | approvable activities, and
the circumstances under which |
21 | | they are
approvable, including work activities, substance |
22 | | use disorder or mental health
treatment, activities to |
23 | | escape and prevent domestic
violence, caring for a |
24 | | medically impaired family member, and any other
approvable |
25 | | activities, together with the right to and
procedures for |
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1 | | amending the responsibility and services plan to include |
2 | | these
activities;
|
3 | | (1.2) the rules concerning the lifetime limit on |
4 | | eligibility, including
the current status of the applicant |
5 | | or recipient in
terms of the months of remaining |
6 | | eligibility, the criteria under which a month
will not |
7 | | count towards the lifetime limit, and the
criteria under |
8 | | which a recipient may receive benefits beyond the end of |
9 | | the
lifetime limit;
|
10 | | (2) supportive services including child care
and the |
11 | | rules regarding eligibility for and access to the child
|
12 | | care assistance program, transportation, initial expenses |
13 | | of employment, job
retention, books and fees, and any |
14 | | other supportive
services;
|
15 | | (3) the obligation of the Department to provide |
16 | | supportive services;
|
17 | | (4) the rights and responsibilities of participants, |
18 | | including
exemption, sanction, reconciliation, and good |
19 | | cause criteria and
procedures, termination for |
20 | | non-cooperation
and reinstatement rules and procedures, |
21 | | and appeal and grievance procedures;
and
|
22 | | (5) the types and locations of child care services.
|
23 | | (b) The Illinois
Department shall notify the recipient in |
24 | | writing of the opportunity to
volunteer to participate in the |
25 | | program.
|
26 | | (c) (Blank).
|
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1 | | (d) As part of the personal plan for achieving employment |
2 | | and
self-sufficiency, the Department shall conduct an |
3 | | individualized assessment
of
the
participant's employability. |
4 | | No participant may be assigned to any
component of the |
5 | | education, training and employment activity
prior to such
|
6 | | assessment. The plan shall
include collection of
information
|
7 | | on the individual's background, proficiencies, skills |
8 | | deficiencies,
education level, work history, employment goals, |
9 | | interests, aptitudes, and
employment preferences, as well as |
10 | | factors affecting employability or
ability to meet |
11 | | participation requirements (e.g., health, physical or
mental |
12 | | limitations, child care, family circumstances, domestic |
13 | | violence, sexual violence,
substance use disorders, and |
14 | | special needs of any child of the individual). As part
of the |
15 | | plan,
individuals and Department staff shall work together to |
16 | | identify any
supportive service needs required to enable the |
17 | | client to participate and
meet the objectives of his or her |
18 | | employability plan. The
assessment may be conducted through |
19 | | various methods such as interviews,
testing, counseling, and |
20 | | self-assessment instruments. In the
assessment process, the |
21 | | Department shall offer to include standard
literacy testing
|
22 | | and a determination of
English language proficiency and shall |
23 | | provide it for those who accept the
offer.
Based on the |
24 | | assessment,
the
individual will be assigned to the appropriate |
25 | | activity. The
decision will be based on a determination of the |
26 | | individual's level of
preparation for employment as defined by |
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1 | | rule.
|
2 | | (e) Recipients determined to be exempt may volunteer to |
3 | | participate
pursuant to Section 9A-4 and must be assessed.
|
4 | | (f) As part of the personal plan for achieving employment |
5 | | and
self-sufficiency under Section 4-1, an employability plan |
6 | | for recipients
shall be
developed in
consultation with the |
7 | | participant. The Department shall have final
responsibility |
8 | | for approving the employability plan. The employability
plan |
9 | | shall:
|
10 | | (1) contain an employment goal of the participant;
|
11 | | (2) describe the services to be provided by the |
12 | | Department, including
child care and other support |
13 | | services;
|
14 | | (3) describe the activities, such as component |
15 | | assignment, that will be
undertaken by the participant to |
16 | | achieve the employment goal. The Department shall treat |
17 | | participation in high school and high school equivalency |
18 | | programs as a core activity and count participation in |
19 | | high school and high school equivalency programs toward |
20 | | the first 20 hours per week of participation. The |
21 | | Department shall approve participation in high school or |
22 | | high school equivalency programs upon written or oral |
23 | | request of the participant if he or she has not already |
24 | | earned a high school diploma or a State of Illinois High |
25 | | School Diploma high school equivalency certificate . |
26 | | However, participation in high school or high school |
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1 | | equivalency programs may be delayed as part of an |
2 | | applicant's or recipient's personal plan for achieving |
3 | | employment and self-sufficiency if it is determined that |
4 | | the benefit from participating in another activity, such |
5 | | as, but not limited to, treatment for a substance use |
6 | | disorder or an English proficiency program, would be |
7 | | greater to the applicant or recipient than participation |
8 | | in high school or a high school equivalency program. The |
9 | | availability of high school and high school equivalency |
10 | | programs may also delay enrollment in those programs. The |
11 | | Department shall treat such activities as a core activity |
12 | | as long as satisfactory progress is made, as determined by |
13 | | the high school or high school equivalency program. Proof |
14 | | of satisfactory progress shall be provided by the |
15 | | participant or the school at the end of each academic |
16 | | term; and
|
17 | | (4) describe any other needs of the family that might |
18 | | be met by
the Department.
|
19 | | (g) The employability plan shall take into account:
|
20 | | (1) available program resources;
|
21 | | (2) the participant's support service needs;
|
22 | | (3) the participant's skills level and aptitudes;
|
23 | | (4) local employment opportunities; and
|
24 | | (5) the preferences of the
participant.
|
25 | | (h) A reassessment shall be conducted to assess a |
26 | | participant's
progress and to review the employability plan on |
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1 | | the following occasions:
|
2 | | (1) upon completion of an activity and before
|
3 | | assignment to an activity;
|
4 | | (2) upon the request of the participant;
|
5 | | (3) if the individual is not cooperating with the |
6 | | requirements of
the program; and
|
7 | | (4) if the individual has failed to make satisfactory |
8 | | progress in an
education or training program.
|
9 | | Based on the reassessment, the Department may revise the |
10 | | employability
plan of the participant.
|
11 | | (Source: P.A. 99-746, eff. 1-1-17; 100-759, eff. 1-1-19 .)
|
12 | | Section 80. The Firearm Concealed Carry Act is amended by |
13 | | changing Section 80 as follows:
|
14 | | (430 ILCS 66/80) |
15 | | Sec. 80. Certified firearms instructors. |
16 | | (a) Within 60 days of the effective date of this Act, the |
17 | | Illinois State Police shall begin approval of certified |
18 | | firearms instructors and enter certified firearms instructors |
19 | | into an online registry on the Illinois State Police's |
20 | | website. |
21 | | (b) A person who is not a certified firearms instructor |
22 | | shall not teach applicant training courses or advertise or |
23 | | otherwise represent courses they teach as qualifying their |
24 | | students to meet the requirements to receive a license under |
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1 | | this Act. Each violation of this subsection is a business |
2 | | offense with a fine of at least $1,000 per violation. |
3 | | (c) A person seeking to become a certified firearms |
4 | | instructor shall: |
5 | | (1) be at least 21 years of age; |
6 | | (2) be a legal resident of the United States; and |
7 | | (3) meet the requirements of Section 25 of this Act, |
8 | | except for the Illinois residency
requirement in item |
9 | | (xiv) of paragraph (2) of subsection (a) of Section 4 of |
10 | | the Firearm
Owners Identification Card Act; and any |
11 | | additional uniformly applied requirements established by |
12 | | the Illinois State Police. |
13 | | (d) A person seeking to become a certified firearms |
14 | | instructor, in addition to the requirements of subsection (c) |
15 | | of this Section, shall: |
16 | | (1) possess a high school diploma or State of Illinois |
17 | | High School Diploma high school equivalency certificate ; |
18 | | and |
19 | | (2) have at least one of the following valid firearms |
20 | | instructor certifications: |
21 | | (A) certification from a law enforcement agency; |
22 | | (B) certification from a firearm instructor course |
23 | | offered by a State or federal governmental agency; |
24 | | (C) certification from a firearm instructor |
25 | | qualification course offered by the Illinois Law |
26 | | Enforcement Training Standards Board; or |
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1 | | (D) certification from an entity approved by the |
2 | | Illinois State Police that offers firearm instructor |
3 | | education and training in the use and safety of |
4 | | firearms. |
5 | | (e) A person may have his or her firearms instructor |
6 | | certification denied or revoked if he or she does not meet the |
7 | | requirements to obtain a license under this Act, provides |
8 | | false or misleading information to the Illinois State Police, |
9 | | or has had a prior instructor certification revoked or denied |
10 | | by the Illinois State Police.
|
11 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
12 | | Section 85. The Illinois Vehicle Code is amended by |
13 | | changing Sections 6-107 and 6-408.5 as follows:
|
14 | | (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
|
15 | | Sec. 6-107. Graduated license.
|
16 | | (a) The purpose of the Graduated
Licensing Program is to |
17 | | develop safe and mature driving habits in young,
inexperienced |
18 | | drivers and reduce or prevent motor vehicle accidents,
|
19 | | fatalities,
and injuries by:
|
20 | | (1) providing for an increase in the time of practice |
21 | | period before
granting
permission to obtain a driver's |
22 | | license;
|
23 | | (2) strengthening driver licensing and testing |
24 | | standards for persons under
the age of 21 years;
|
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1 | | (3) sanctioning driving privileges of drivers under |
2 | | age 21 who have
committed serious traffic violations or |
3 | | other specified offenses; and
|
4 | | (4) setting stricter standards to promote the public's |
5 | | health and
safety.
|
6 | | (b) The application of any person under
the age of 18 |
7 | | years, and not legally emancipated, for a drivers
license or |
8 | | permit to operate a motor vehicle issued under the laws of this
|
9 | | State, shall be accompanied by the written consent of either |
10 | | parent of the
applicant; otherwise by the guardian having |
11 | | custody of the applicant, or
in the event there is no parent or |
12 | | guardian, then by another responsible adult. The written |
13 | | consent must accompany any application for a driver's license |
14 | | under this subsection (b), regardless of whether or not the |
15 | | required written consent also accompanied the person's |
16 | | previous application for an instruction permit.
|
17 | | No graduated driver's license shall be issued to any |
18 | | applicant under 18
years
of age, unless the applicant is at |
19 | | least 16 years of age and has:
|
20 | | (1) Held a valid instruction permit for a minimum of 9 |
21 | | months.
|
22 | | (2) Passed an approved driver education course
and |
23 | | submits proof of having passed the course as may
be |
24 | | required.
|
25 | | (3) Certification by the parent, legal guardian, or |
26 | | responsible adult that
the applicant has had a minimum of |
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1 | | 50 hours of behind-the-wheel practice time, at least 10 |
2 | | hours of which have been at night,
and is sufficiently |
3 | | prepared and able to safely operate a motor vehicle.
|
4 | | (b-1) No graduated
driver's license shall be issued to any |
5 | | applicant who is under 18 years of age
and not legally |
6 | | emancipated, unless the applicant has graduated
from a |
7 | | secondary school of this State or any other state, is enrolled |
8 | | in a
course leading to a State of Illinois High School Diploma |
9 | | high school equivalency certificate , has
obtained a State of |
10 | | Illinois High School Diploma high school equivalency |
11 | | certificate , is enrolled in an elementary or secondary school |
12 | | or college or university
of this State or any other state and |
13 | | is not a chronic or habitual truant as provided in Section |
14 | | 26-2a of the School Code, or is receiving home instruction and |
15 | | submits proof of meeting any of those
requirements at the time |
16 | | of application.
|
17 | | An applicant under 18 years of age who provides proof |
18 | | acceptable to the Secretary that the applicant has resumed |
19 | | regular school attendance or home instruction or that his or |
20 | | her application was denied in error shall be eligible to |
21 | | receive a graduated license if other requirements are met. The |
22 | | Secretary shall adopt rules for implementing this subsection |
23 | | (b-1).
|
24 | | (c) No graduated driver's license or permit shall be |
25 | | issued to
any applicant under 18
years of age who has committed |
26 | | the offense of operating a motor vehicle
without a valid |
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1 | | license or permit in violation of Section 6-101 of this Code
or |
2 | | a similar out of state offense and no graduated driver's
|
3 | | license or permit shall be issued to any applicant under 18 |
4 | | years of age
who has committed an offense that would otherwise |
5 | | result in a
mandatory revocation of a license or permit as |
6 | | provided in Section 6-205 of
this Code or who has been either |
7 | | convicted of or adjudicated a delinquent based
upon a |
8 | | violation of the Cannabis Control Act, the Illinois Controlled
|
9 | | Substances Act, the Use of Intoxicating Compounds Act, or the |
10 | | Methamphetamine Control and Community Protection Act while |
11 | | that individual was in actual physical control of a motor
|
12 | | vehicle. For purposes of this Section, any person placed on |
13 | | probation under
Section 10 of the Cannabis Control Act, |
14 | | Section 410 of the Illinois
Controlled Substances Act, or |
15 | | Section 70 of the Methamphetamine Control and Community |
16 | | Protection Act shall not be considered convicted. Any person |
17 | | found
guilty of this offense, while in actual physical control |
18 | | of a motor vehicle,
shall have an entry made in the court |
19 | | record by the judge that this offense did
occur while the |
20 | | person was in actual physical control of a motor vehicle and
|
21 | | order the clerk of the court to report the violation to the |
22 | | Secretary of State
as such.
|
23 | | (d) No graduated driver's license shall be issued for 9 |
24 | | months to any
applicant
under
the
age of 18 years who has |
25 | | committed and subsequently been convicted of an offense |
26 | | against traffic regulations governing the movement of |
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1 | | vehicles, any violation of this Section or Section 12-603.1 of |
2 | | this Code, or who has received a disposition of court |
3 | | supervision for a violation of Section 6-20 of the Illinois |
4 | | Liquor Control Act of 1934 or a similar provision of a local |
5 | | ordinance.
|
6 | | (e) No graduated driver's license holder under the age
of |
7 | | 18 years shall operate any
motor vehicle, except a motor |
8 | | driven cycle or motorcycle, with
more than one passenger in |
9 | | the front seat of the motor vehicle
and no more passengers in |
10 | | the back seats than the number of available seat
safety belts |
11 | | as set forth in Section 12-603 of this Code. If a graduated |
12 | | driver's license holder over the age of 18 committed an |
13 | | offense against traffic regulations governing the movement of |
14 | | vehicles or any violation of this Section or Section 12-603.1 |
15 | | of this Code in the 6 months prior to the graduated driver's |
16 | | license holder's 18th birthday, and was subsequently convicted |
17 | | of the violation, the provisions of this paragraph shall |
18 | | continue to apply until such time as a period of 6 consecutive |
19 | | months has elapsed without an additional violation and |
20 | | subsequent conviction of an offense against traffic |
21 | | regulations governing the movement of vehicles or any |
22 | | violation of this Section or Section 12-603.1 of this Code.
|
23 | | (f) (Blank).
|
24 | | (g) If a graduated driver's license holder is under the |
25 | | age of 18 when he
or she receives the license, for the first 12 |
26 | | months he or she holds the license
or
until he or she reaches |
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1 | | the age of 18, whichever occurs sooner, the graduated
license
|
2 | | holder may not operate a motor vehicle with more than one |
3 | | passenger in the
vehicle
who is under the age of 20, unless any |
4 | | additional passenger or passengers are
siblings, |
5 | | step-siblings, children, or stepchildren of the driver. If a |
6 | | graduated driver's license holder committed an offense against |
7 | | traffic regulations governing the movement of vehicles or any |
8 | | violation of this Section or Section 12-603.1 of this Code |
9 | | during the first 12 months the license is held and |
10 | | subsequently is convicted of the violation, the provisions of |
11 | | this paragraph shall remain in effect until such time as a |
12 | | period of 6 consecutive months has elapsed without an |
13 | | additional violation and subsequent conviction of an offense |
14 | | against traffic regulations governing the movement of vehicles |
15 | | or any violation of this Section or Section 12-603.1 of this |
16 | | Code.
|
17 | | (h) It shall be an offense for a person that is age 15, but |
18 | | under age 20, to be a passenger in a vehicle operated by a |
19 | | driver holding a graduated driver's license during the first |
20 | | 12 months the driver holds the license or until the driver |
21 | | reaches the age of 18, whichever occurs sooner, if another |
22 | | passenger under the age of 20 is present, excluding a sibling, |
23 | | step-sibling, child, or step-child of the driver.
|
24 | | (i) No graduated driver's license shall be issued to any |
25 | | applicant under the age of 18 years if the applicant has been |
26 | | issued a traffic citation for which a disposition has not been |
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1 | | rendered at the time of application. |
2 | | (Source: P.A. 97-229, eff. 7-28-11; 97-835, eff. 7-20-12; |
3 | | 98-168, eff. 1-1-14; 98-718, eff. 1-1-15 .)
|
4 | | (625 ILCS 5/6-408.5)
|
5 | | Sec. 6-408.5. Courses for students or high school |
6 | | dropouts; limitation.
|
7 | | (a) No driver training school
or driving training |
8 | | instructor licensed under this Act may request a
certificate |
9 | | of completion from the Secretary of State as provided in |
10 | | Section
6-411 for any person who is enrolled as a
student in |
11 | | any public or non-public secondary school at the time such
|
12 | | instruction is to be provided, or who was so enrolled during |
13 | | the semester last
ended if that instruction is to be provided |
14 | | between semesters or during the
summer after the regular |
15 | | school term ends, unless that student has received a
passing |
16 | | grade in at least 8 courses during the 2 semesters last ending |
17 | | prior to
requesting a certificate of completion from the |
18 | | Secretary of State for the
student.
|
19 | | (b) No driver training school or driving training |
20 | | instructor licensed under
this Act may request a certificate |
21 | | of completion from the Secretary of State as
provided in |
22 | | Section 6-411 for any person who has dropped out of school and |
23 | | has
not yet attained the age of 18 years unless the driver |
24 | | training school or
driving training instructor has: 1) |
25 | | obtained written documentation verifying
the
dropout's |
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1 | | enrollment in a high school equivalency testing or alternative |
2 | | education program or has obtained
a copy of the dropout's |
3 | | State of Illinois High School Diploma high school equivalency |
4 | | certificate ; 2) obtained verification that the
student prior |
5 | | to dropping out had received a passing grade in at least 8
|
6 | | courses during the 2 previous
semesters last ending prior to |
7 | | requesting a certificate of completion; or 3)
obtained written |
8 | | consent from the dropout's parents or guardians and the
|
9 | | regional superintendent.
|
10 | | (c) Students shall be informed of the
eligibility |
11 | | requirements of this Act
in writing at the time of |
12 | | registration.
|
13 | | (d) The superintendent of schools of the
school district |
14 | | in which the student resides and attends school or in which
the |
15 | | student resides at the time he or she drops out of school (with |
16 | | respect
to a public high school student or a dropout from the |
17 | | public high school)
or the chief school administrator (with
|
18 | | respect to a student who attends a non-public high school or a |
19 | | dropout from a
non-public high school) may waive the |
20 | | requirements of this Section if the superintendent
or chief |
21 | | school administrator, as the case
may be, deems it to be in the |
22 | | best interests of the student or dropout.
Before requesting a |
23 | | certificate of completion from the Secretary of State
for any |
24 | | person who is enrolled
as
a student in any public or non-public |
25 | | secondary school or who was so enrolled
in the semester last |
26 | | ending prior to the request for a certificate of
completion |
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1 | | from the Secretary of State or who is of high school age, the |
2 | | driver
training school shall
determine from the school |
3 | | district in which that person resides or resided at
the time of |
4 | | dropping out of school, or from the
chief administrator of the |
5 | | non-public high school attended or last
attended by such |
6 | | person, as
the case may be, that such person is not ineligible |
7 | | to receive a certificate
of completion under this Section.
|
8 | | (Source: P.A. 98-718, eff. 1-1-15 .)
|
9 | | Section 90. The Unified Code of Corrections is amended by |
10 | | changing Sections 3-6-3, 3-6-8, and 5-8-1.3 as follows:
|
11 | | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
|
12 | | Sec. 3-6-3. Rules and regulations for sentence credit.
|
13 | | (a)(1) The Department of Corrections shall prescribe rules
|
14 | | and regulations for awarding and revoking sentence credit for |
15 | | persons committed to the Department which shall
be subject to |
16 | | review by the Prisoner Review Board.
|
17 | | (1.5) As otherwise provided by law, sentence credit may be |
18 | | awarded for the following: |
19 | | (A) successful completion of programming while in |
20 | | custody of the Department or while in custody prior to |
21 | | sentencing; |
22 | | (B) compliance with the rules and regulations of the |
23 | | Department; or |
24 | | (C) service to the institution, service to a |
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1 | | community, or service to the State. |
2 | | (2) Except as provided in paragraph (4.7) of this |
3 | | subsection (a), the rules and regulations on sentence credit |
4 | | shall provide, with
respect to offenses listed in clause (i), |
5 | | (ii), or (iii) of this paragraph (2) committed on or after June |
6 | | 19, 1998 or with respect to the offense listed in clause (iv) |
7 | | of this paragraph (2) committed on or after June 23, 2005 (the |
8 | | effective date of Public Act 94-71) or with
respect to offense |
9 | | listed in clause (vi)
committed on or after June 1, 2008 (the |
10 | | effective date of Public Act 95-625)
or with respect to the |
11 | | offense of being an armed habitual criminal committed on or |
12 | | after August 2, 2005 (the effective date of Public Act 94-398) |
13 | | or with respect to the offenses listed in clause (v) of this |
14 | | paragraph (2) committed on or after August 13, 2007 (the |
15 | | effective date of Public Act 95-134) or with respect to the |
16 | | offense of aggravated domestic battery committed on or after |
17 | | July 23, 2010 (the effective date of Public Act 96-1224) or |
18 | | with respect to the offense of attempt to commit terrorism |
19 | | committed on or after January 1, 2013 (the effective date of |
20 | | Public Act 97-990), the following:
|
21 | | (i) that a prisoner who is serving a term of |
22 | | imprisonment for first
degree murder or for the offense of |
23 | | terrorism shall receive no sentence
credit and shall serve |
24 | | the entire
sentence imposed by the court;
|
25 | | (ii) that a prisoner serving a sentence for attempt to |
26 | | commit terrorism, attempt to commit first
degree murder, |
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1 | | solicitation of murder, solicitation of murder for hire,
|
2 | | intentional homicide of an unborn child, predatory |
3 | | criminal sexual assault of a
child, aggravated criminal |
4 | | sexual assault, criminal sexual assault, aggravated
|
5 | | kidnapping, aggravated battery with a firearm as described |
6 | | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), |
7 | | or (e)(4) of Section 12-3.05, heinous battery as described |
8 | | in Section 12-4.1 or subdivision (a)(2) of Section |
9 | | 12-3.05, being an armed habitual criminal, aggravated
|
10 | | battery of a senior citizen as described in Section 12-4.6 |
11 | | or subdivision (a)(4) of Section 12-3.05, or aggravated |
12 | | battery of a child as described in Section 12-4.3 or |
13 | | subdivision (b)(1) of Section 12-3.05 shall receive no
|
14 | | more than 4.5 days of sentence credit for each month of his |
15 | | or her sentence
of imprisonment;
|
16 | | (iii) that a prisoner serving a sentence
for home |
17 | | invasion, armed robbery, aggravated vehicular hijacking,
|
18 | | aggravated discharge of a firearm, or armed violence with |
19 | | a category I weapon
or category II weapon, when the court
|
20 | | has made and entered a finding, pursuant to subsection |
21 | | (c-1) of Section 5-4-1
of this Code, that the conduct |
22 | | leading to conviction for the enumerated offense
resulted |
23 | | in great bodily harm to a victim, shall receive no more |
24 | | than 4.5 days
of sentence credit for each month of his or |
25 | | her sentence of imprisonment;
|
26 | | (iv) that a prisoner serving a sentence for aggravated |
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1 | | discharge of a firearm, whether or not the conduct leading |
2 | | to conviction for the offense resulted in great bodily |
3 | | harm to the victim, shall receive no more than 4.5 days of |
4 | | sentence credit for each month of his or her sentence of |
5 | | imprisonment;
|
6 | | (v) that a person serving a sentence for gunrunning, |
7 | | narcotics racketeering, controlled substance trafficking, |
8 | | methamphetamine trafficking, drug-induced homicide, |
9 | | aggravated methamphetamine-related child endangerment, |
10 | | money laundering pursuant to clause (c) (4) or (5) of |
11 | | Section 29B-1 of the Criminal Code of 1961 or the Criminal |
12 | | Code of 2012, or a Class X felony conviction for delivery |
13 | | of a controlled substance, possession of a controlled |
14 | | substance with intent to manufacture or deliver, |
15 | | calculated criminal drug conspiracy, criminal drug |
16 | | conspiracy, street gang criminal drug conspiracy, |
17 | | participation in methamphetamine manufacturing, |
18 | | aggravated participation in methamphetamine |
19 | | manufacturing, delivery of methamphetamine, possession |
20 | | with intent to deliver methamphetamine, aggravated |
21 | | delivery of methamphetamine, aggravated possession with |
22 | | intent to deliver methamphetamine, methamphetamine |
23 | | conspiracy when the substance containing the controlled |
24 | | substance or methamphetamine is 100 grams or more shall |
25 | | receive no more than 7.5 days sentence credit for each |
26 | | month of his or her sentence of imprisonment;
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1 | | (vi)
that a prisoner serving a sentence for a second |
2 | | or subsequent offense of luring a minor shall receive no |
3 | | more than 4.5 days of sentence credit for each month of his |
4 | | or her sentence of imprisonment; and
|
5 | | (vii) that a prisoner serving a sentence for |
6 | | aggravated domestic battery shall receive no more than 4.5 |
7 | | days of sentence credit for each month of his or her |
8 | | sentence of imprisonment. |
9 | | (2.1) For all offenses, other than those enumerated in |
10 | | subdivision (a)(2)(i), (ii), or (iii)
committed on or after |
11 | | June 19, 1998 or subdivision (a)(2)(iv) committed on or after |
12 | | June 23, 2005 (the effective date of Public Act 94-71) or |
13 | | subdivision (a)(2)(v) committed on or after August 13, 2007 |
14 | | (the effective date of Public Act 95-134)
or subdivision |
15 | | (a)(2)(vi) committed on or after June 1, 2008 (the effective |
16 | | date of Public Act 95-625) or subdivision (a)(2)(vii) |
17 | | committed on or after July 23, 2010 (the effective date of |
18 | | Public Act 96-1224), and other than the offense of aggravated |
19 | | driving under the influence of alcohol, other drug or drugs, |
20 | | or
intoxicating compound or compounds, or any combination |
21 | | thereof as defined in
subparagraph (F) of paragraph (1) of |
22 | | subsection (d) of Section 11-501 of the
Illinois Vehicle Code, |
23 | | and other than the offense of aggravated driving under the |
24 | | influence of alcohol,
other drug or drugs, or intoxicating |
25 | | compound or compounds, or any combination
thereof as defined |
26 | | in subparagraph (C) of paragraph (1) of subsection (d) of
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1 | | Section 11-501 of the Illinois Vehicle Code committed on or |
2 | | after January 1, 2011 (the effective date of Public Act |
3 | | 96-1230),
the rules and regulations shall
provide that a |
4 | | prisoner who is serving a term of
imprisonment shall receive |
5 | | one day of sentence credit for each day of
his or her sentence |
6 | | of imprisonment or recommitment under Section 3-3-9.
Each day |
7 | | of sentence credit shall reduce by one day the prisoner's |
8 | | period
of imprisonment or recommitment under Section 3-3-9.
|
9 | | (2.2) A prisoner serving a term of natural life |
10 | | imprisonment or a
prisoner who has been sentenced to death |
11 | | shall receive no sentence
credit.
|
12 | | (2.3) Except as provided in paragraph (4.7) of this |
13 | | subsection (a), the rules and regulations on sentence credit |
14 | | shall provide that
a prisoner who is serving a sentence for |
15 | | aggravated driving under the influence of alcohol,
other drug |
16 | | or drugs, or intoxicating compound or compounds, or any |
17 | | combination
thereof as defined in subparagraph (F) of |
18 | | paragraph (1) of subsection (d) of
Section 11-501 of the |
19 | | Illinois Vehicle Code, shall receive no more than 4.5
days of |
20 | | sentence credit for each month of his or her sentence of
|
21 | | imprisonment.
|
22 | | (2.4) Except as provided in paragraph (4.7) of this |
23 | | subsection (a), the rules and regulations on sentence credit |
24 | | shall provide with
respect to the offenses of aggravated |
25 | | battery with a machine gun or a firearm
equipped with any |
26 | | device or attachment designed or used for silencing the
report |
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1 | | of a firearm or aggravated discharge of a machine gun or a |
2 | | firearm
equipped with any device or attachment designed or |
3 | | used for silencing the
report of a firearm, committed on or |
4 | | after
July 15, 1999 (the effective date of Public Act 91-121),
|
5 | | that a prisoner serving a sentence for any of these offenses |
6 | | shall receive no
more than 4.5 days of sentence credit for each |
7 | | month of his or her sentence
of imprisonment.
|
8 | | (2.5) Except as provided in paragraph (4.7) of this |
9 | | subsection (a), the rules and regulations on sentence credit |
10 | | shall provide that a
prisoner who is serving a sentence for |
11 | | aggravated arson committed on or after
July 27, 2001 (the |
12 | | effective date of Public Act 92-176) shall receive no more |
13 | | than
4.5 days of sentence credit for each month of his or her |
14 | | sentence of
imprisonment.
|
15 | | (2.6) Except as provided in paragraph (4.7) of this |
16 | | subsection (a), the rules and regulations on sentence credit |
17 | | shall provide that a
prisoner who is serving a sentence for |
18 | | aggravated driving under the influence of alcohol,
other drug |
19 | | or drugs, or intoxicating compound or compounds or any |
20 | | combination
thereof as defined in subparagraph (C) of |
21 | | paragraph (1) of subsection (d) of
Section 11-501 of the |
22 | | Illinois Vehicle Code committed on or after January 1, 2011 |
23 | | (the effective date of Public Act 96-1230) shall receive no |
24 | | more than 4.5
days of sentence credit for each month of his or |
25 | | her sentence of
imprisonment. |
26 | | (3) In addition to the sentence credits earned under |
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1 | | paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this |
2 | | subsection (a), the rules and regulations shall also provide |
3 | | that
the Director may award up to 180 days of earned sentence
|
4 | | credit for prisoners serving a sentence of incarceration of |
5 | | less than 5 years, and up to 365 days of earned sentence credit |
6 | | for prisoners serving a sentence of 5 years or longer. The |
7 | | Director may grant this credit for good conduct in specific |
8 | | instances as the
Director deems proper. The good conduct may |
9 | | include, but is not limited to, compliance with the rules and |
10 | | regulations of the Department, service to the Department, |
11 | | service to a community, or service to the State.
|
12 | | Eligible inmates for an award of earned sentence credit |
13 | | under
this paragraph (3) may be selected to receive the credit |
14 | | at
the Director's or his or her designee's sole discretion.
|
15 | | Eligibility for the additional earned sentence credit under |
16 | | this paragraph (3) may be based on, but is not limited to, |
17 | | participation in programming offered by the Department as |
18 | | appropriate for the prisoner based on the results of any |
19 | | available risk/needs assessment or other relevant assessments |
20 | | or evaluations administered by the Department using a |
21 | | validated instrument, the circumstances of the crime, |
22 | | demonstrated commitment to rehabilitation by a prisoner with a |
23 | | history of conviction for a forcible felony enumerated in |
24 | | Section 2-8 of the Criminal Code of 2012, the inmate's |
25 | | behavior and improvements in disciplinary history while |
26 | | incarcerated, and the inmate's commitment to rehabilitation, |
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1 | | including participation in programming offered by the |
2 | | Department. |
3 | | The Director shall not award sentence credit under this |
4 | | paragraph (3) to an inmate unless the inmate has served a |
5 | | minimum of 60 days of the sentence; except nothing in this |
6 | | paragraph shall be construed to permit the Director to extend |
7 | | an inmate's sentence beyond that which was imposed by the |
8 | | court. Prior to awarding credit under this paragraph (3), the |
9 | | Director shall make a written determination that the inmate: |
10 | | (A) is eligible for the earned sentence credit; |
11 | | (B) has served a minimum of 60 days, or as close to 60 |
12 | | days as the sentence will allow; |
13 | | (B-1) has received a risk/needs assessment or other |
14 | | relevant evaluation or assessment administered by the |
15 | | Department using a validated instrument; and |
16 | | (C) has met the eligibility criteria established by |
17 | | rule for earned sentence credit. |
18 | | The Director shall determine the form and content of the |
19 | | written determination required in this subsection. |
20 | | (3.5) The Department shall provide annual written reports |
21 | | to the Governor and the General Assembly on the award of earned |
22 | | sentence credit no later than February 1 of each year. The |
23 | | Department must publish both reports on its website within 48 |
24 | | hours of transmitting the reports to the Governor and the |
25 | | General Assembly. The reports must include: |
26 | | (A) the number of inmates awarded earned sentence |
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1 | | credit; |
2 | | (B) the average amount of earned sentence credit |
3 | | awarded; |
4 | | (C) the holding offenses of inmates awarded earned |
5 | | sentence credit; and |
6 | | (D) the number of earned sentence credit revocations. |
7 | | (4)(A) Except as provided in paragraph (4.7) of this |
8 | | subsection (a), the rules and regulations shall also provide |
9 | | that any prisoner who is engaged full-time in substance abuse |
10 | | programs, correctional
industry assignments, educational |
11 | | programs, work-release programs or activities in accordance |
12 | | with Article 13 of Chapter III of this Code, behavior |
13 | | modification programs, life skills courses, or re-entry |
14 | | planning provided by the Department
under this paragraph (4) |
15 | | and satisfactorily completes the assigned program as
|
16 | | determined by the standards of the Department, shall receive |
17 | | one day of sentence credit for each day in which that prisoner |
18 | | is engaged in the activities described in this paragraph.
The |
19 | | rules and regulations shall also provide that sentence credit |
20 | | may be provided to an inmate who was held in pre-trial |
21 | | detention prior to his or her current commitment to the |
22 | | Department of Corrections and successfully completed a |
23 | | full-time, 60-day or longer substance abuse program, |
24 | | educational program, behavior modification program, life |
25 | | skills course, or re-entry planning provided by the county |
26 | | department of corrections or county jail. Calculation of this |
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1 | | county program credit shall be done at sentencing as provided |
2 | | in Section 5-4.5-100 of this Code and shall be included in the |
3 | | sentencing order. The rules and regulations shall also provide |
4 | | that sentence credit may be provided to an inmate who is in |
5 | | compliance with programming requirements in an adult |
6 | | transition center.
|
7 | | (B) The Department shall award sentence credit under this |
8 | | paragraph (4) accumulated prior to January 1, 2020 (the |
9 | | effective date of Public Act 101-440) in an amount specified |
10 | | in subparagraph (C) of this paragraph (4) to an inmate serving |
11 | | a sentence for an offense committed prior to June 19, 1998, if |
12 | | the Department determines that the inmate is entitled to this |
13 | | sentence credit, based upon: |
14 | | (i) documentation provided by the Department that the |
15 | | inmate engaged in any full-time substance abuse programs, |
16 | | correctional industry assignments, educational programs, |
17 | | behavior modification programs, life skills courses, or |
18 | | re-entry planning provided by the Department under this |
19 | | paragraph (4) and satisfactorily completed the assigned |
20 | | program as determined by the standards of the Department |
21 | | during the inmate's current term of incarceration; or |
22 | | (ii) the inmate's own testimony in the form of an |
23 | | affidavit or documentation, or a third party's |
24 | | documentation or testimony in the form of an affidavit |
25 | | that the inmate likely engaged in any full-time substance |
26 | | abuse programs, correctional industry assignments, |
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1 | | educational programs, behavior modification programs, life |
2 | | skills courses, or re-entry planning provided by the |
3 | | Department under paragraph (4) and satisfactorily |
4 | | completed the assigned program as determined by the |
5 | | standards of the Department during the inmate's current |
6 | | term of incarceration. |
7 | | (C) If the inmate can provide documentation that he or she |
8 | | is entitled to sentence credit under subparagraph (B) in |
9 | | excess of 45 days of participation in those programs, the |
10 | | inmate shall receive 90 days of sentence credit. If the inmate |
11 | | cannot provide documentation of more than 45 days of |
12 | | participation in those programs, the inmate shall receive 45 |
13 | | days of sentence credit. In the event of a disagreement |
14 | | between the Department and the inmate as to the amount of |
15 | | credit accumulated under subparagraph (B), if the Department |
16 | | provides documented proof of a lesser amount of days of |
17 | | participation in those programs, that proof shall control. If |
18 | | the Department provides no documentary proof, the inmate's |
19 | | proof as set forth in clause (ii) of subparagraph (B) shall |
20 | | control as to the amount of sentence credit provided. |
21 | | (D) If the inmate has been convicted of a sex offense as |
22 | | defined in Section 2 of the Sex Offender Registration Act, |
23 | | sentencing credits under subparagraph (B) of this paragraph |
24 | | (4) shall be awarded by the Department only if the conditions |
25 | | set forth in paragraph (4.6) of subsection (a) are satisfied. |
26 | | No inmate serving a term of natural life imprisonment shall |
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1 | | receive sentence credit under subparagraph (B) of this |
2 | | paragraph (4). |
3 | | Educational, vocational, substance abuse, behavior |
4 | | modification programs, life skills courses, re-entry planning, |
5 | | and correctional
industry programs under which sentence credit |
6 | | may be earned under
this paragraph (4) and paragraph (4.1) of |
7 | | this subsection (a) shall be evaluated by the Department on |
8 | | the basis of
documented standards. The Department shall report |
9 | | the results of these
evaluations to the Governor and the |
10 | | General Assembly by September 30th of each
year. The reports |
11 | | shall include data relating to the recidivism rate among
|
12 | | program participants.
|
13 | | Availability of these programs shall be subject to the
|
14 | | limits of fiscal resources appropriated by the General |
15 | | Assembly for these
purposes. Eligible inmates who are denied |
16 | | immediate admission shall be
placed on a waiting list under |
17 | | criteria established by the Department. The rules and |
18 | | regulations shall provide that a prisoner who has been placed |
19 | | on a waiting list but is transferred for non-disciplinary |
20 | | reasons before beginning a program shall receive priority |
21 | | placement on the waitlist for appropriate programs at the new |
22 | | facility.
The inability of any inmate to become engaged in any |
23 | | such programs
by reason of insufficient program resources or |
24 | | for any other reason
established under the rules and |
25 | | regulations of the Department shall not be
deemed a cause of |
26 | | action under which the Department or any employee or
agent of |
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1 | | the Department shall be liable for damages to the inmate. The |
2 | | rules and regulations shall provide that a prisoner who begins |
3 | | an educational, vocational, substance abuse, work-release |
4 | | programs or activities in accordance with Article 13 of |
5 | | Chapter III of this Code, behavior modification program, life |
6 | | skills course, re-entry planning, or correctional industry |
7 | | programs but is unable to complete the program due to illness, |
8 | | disability, transfer, lockdown, or another reason outside of |
9 | | the prisoner's control shall receive prorated sentence credits |
10 | | for the days in which the prisoner did participate.
|
11 | | (4.1) Except as provided in paragraph (4.7) of this |
12 | | subsection (a), the rules and regulations shall also provide |
13 | | that an additional 90 days of sentence credit shall be awarded |
14 | | to any prisoner who passes high school equivalency testing |
15 | | while the prisoner is committed to the Department of |
16 | | Corrections. The sentence credit awarded under this paragraph |
17 | | (4.1) shall be in addition to, and shall not affect, the award |
18 | | of sentence credit under any other paragraph of this Section, |
19 | | but shall also be pursuant to the guidelines and restrictions |
20 | | set forth in paragraph (4) of subsection (a) of this Section.
|
21 | | The sentence credit provided for in this paragraph shall be |
22 | | available only to those prisoners who have not previously |
23 | | earned a high school diploma or a State of Illinois High School |
24 | | Diploma high school equivalency certificate . If, after an |
25 | | award of the high school equivalency testing sentence credit |
26 | | has been made, the Department determines that the prisoner was |
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1 | | not eligible, then the award shall be revoked.
The Department |
2 | | may also award 90 days of sentence credit to any committed |
3 | | person who passed high school equivalency testing while he or |
4 | | she was held in pre-trial detention prior to the current |
5 | | commitment to the Department of Corrections. Except as |
6 | | provided in paragraph (4.7) of this subsection (a), the rules |
7 | | and regulations shall provide that an additional 120 days of |
8 | | sentence credit shall be awarded to any prisoner who obtains |
9 | | an associate degree while the prisoner is committed to the |
10 | | Department of Corrections, regardless of the date that the |
11 | | associate degree was obtained, including if prior to July 1, |
12 | | 2021 (the effective date of Public Act 101-652). The sentence |
13 | | credit awarded under this paragraph (4.1) shall be in addition |
14 | | to, and shall not affect, the award of sentence credit under |
15 | | any other paragraph of this Section, but shall also be under |
16 | | the guidelines and restrictions set forth in paragraph (4) of |
17 | | subsection (a) of this Section. The sentence credit provided |
18 | | for in this paragraph (4.1) shall be available only to those |
19 | | prisoners who have not previously earned an associate degree |
20 | | prior to the current commitment to the Department of |
21 | | Corrections. If, after an award of the associate degree |
22 | | sentence credit has been made and the Department determines |
23 | | that the prisoner was not eligible, then the award shall be |
24 | | revoked. The Department may also award 120 days of sentence |
25 | | credit to any committed person who earned an associate degree |
26 | | while he or she was held in pre-trial detention prior to the |
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1 | | current commitment to the Department of Corrections. |
2 | | Except as provided in paragraph (4.7) of this subsection |
3 | | (a), the rules and regulations shall provide that an |
4 | | additional 180 days of sentence credit shall be awarded to any |
5 | | prisoner who obtains a bachelor's degree while the prisoner is |
6 | | committed to the Department of Corrections. The sentence |
7 | | credit awarded under this paragraph (4.1) shall be in addition |
8 | | to, and shall not affect, the award of sentence credit under |
9 | | any other paragraph of this Section, but shall also be under |
10 | | the guidelines and restrictions set forth in paragraph (4) of |
11 | | this subsection (a). The sentence credit provided for in this |
12 | | paragraph shall be available only to those prisoners who have |
13 | | not earned a bachelor's degree prior to the current commitment |
14 | | to the Department of Corrections. If, after an award of the |
15 | | bachelor's degree sentence credit has been made, the |
16 | | Department determines that the prisoner was not eligible, then |
17 | | the award shall be revoked. The Department may also award 180 |
18 | | days of sentence credit to any committed person who earned a |
19 | | bachelor's degree while he or she was held in pre-trial |
20 | | detention prior to the current commitment to the Department of |
21 | | Corrections. |
22 | | Except as provided in paragraph (4.7) of this subsection |
23 | | (a), the rules and regulations shall provide that an |
24 | | additional 180 days of sentence credit shall be awarded to any |
25 | | prisoner who obtains a master's or professional degree while |
26 | | the prisoner is committed to the Department of Corrections. |
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1 | | The sentence credit awarded under this paragraph (4.1) shall |
2 | | be in addition to, and shall not affect, the award of sentence |
3 | | credit under any other paragraph of this Section, but shall |
4 | | also be under the guidelines and restrictions set forth in |
5 | | paragraph (4) of this subsection (a). The sentence credit |
6 | | provided for in this paragraph shall be available only to |
7 | | those prisoners who have not previously earned a master's or |
8 | | professional degree prior to the current commitment to the |
9 | | Department of Corrections. If, after an award of the master's |
10 | | or professional degree sentence credit has been made, the |
11 | | Department determines that the prisoner was not eligible, then |
12 | | the award shall be revoked. The Department may also award 180 |
13 | | days of sentence credit to any committed person who earned a |
14 | | master's or professional degree while he or she was held in |
15 | | pre-trial detention prior to the current commitment to the |
16 | | Department of Corrections. |
17 | | (4.2) The rules and regulations shall also provide that |
18 | | any prisoner engaged in self-improvement programs, volunteer |
19 | | work, or work assignments that are not otherwise eligible |
20 | | activities under paragraph (4), shall receive up to 0.5 days |
21 | | of sentence credit for each day in which the prisoner is |
22 | | engaged in activities described in this paragraph. |
23 | | (4.5) The rules and regulations on sentence credit shall |
24 | | also provide that
when the court's sentencing order recommends |
25 | | a prisoner for substance abuse treatment and the
crime was |
26 | | committed on or after September 1, 2003 (the effective date of
|
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1 | | Public Act 93-354), the prisoner shall receive no sentence |
2 | | credit awarded under clause (3) of this subsection (a) unless |
3 | | he or she participates in and
completes a substance abuse |
4 | | treatment program. The Director may waive the requirement to |
5 | | participate in or complete a substance abuse treatment program |
6 | | in specific instances if the prisoner is not a good candidate |
7 | | for a substance abuse treatment program for medical, |
8 | | programming, or operational reasons. Availability of
substance |
9 | | abuse treatment shall be subject to the limits of fiscal |
10 | | resources
appropriated by the General Assembly for these |
11 | | purposes. If treatment is not
available and the requirement to |
12 | | participate and complete the treatment has not been waived by |
13 | | the Director, the prisoner shall be placed on a waiting list |
14 | | under criteria
established by the Department. The Director may |
15 | | allow a prisoner placed on
a waiting list to participate in and |
16 | | complete a substance abuse education class or attend substance
|
17 | | abuse self-help meetings in lieu of a substance abuse |
18 | | treatment program. A prisoner on a waiting list who is not |
19 | | placed in a substance abuse program prior to release may be |
20 | | eligible for a waiver and receive sentence credit under clause |
21 | | (3) of this subsection (a) at the discretion of the Director.
|
22 | | (4.6) The rules and regulations on sentence credit shall |
23 | | also provide that a prisoner who has been convicted of a sex |
24 | | offense as defined in Section 2 of the Sex Offender |
25 | | Registration Act shall receive no sentence credit unless he or |
26 | | she either has successfully completed or is participating in |
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1 | | sex offender treatment as defined by the Sex Offender |
2 | | Management Board. However, prisoners who are waiting to |
3 | | receive treatment, but who are unable to do so due solely to |
4 | | the lack of resources on the part of the Department, may, at |
5 | | the Director's sole discretion, be awarded sentence credit at |
6 | | a rate as the Director shall determine. |
7 | | (4.7) On or after January 1, 2018 (the effective date of |
8 | | Public Act 100-3), sentence credit under paragraph (3), (4), |
9 | | or (4.1) of this subsection (a) may be awarded to a prisoner |
10 | | who is serving a sentence for an offense described in |
11 | | paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned |
12 | | on or after January 1, 2018 (the effective date of Public Act |
13 | | 100-3); provided, the award of the credits under this |
14 | | paragraph (4.7) shall not reduce the sentence of the prisoner |
15 | | to less than the following amounts: |
16 | | (i) 85% of his or her sentence if the prisoner is |
17 | | required to serve 85% of his or her sentence; or |
18 | | (ii) 60% of his or her sentence if the prisoner is |
19 | | required to serve 75% of his or her sentence, except if the |
20 | | prisoner is serving a sentence for gunrunning his or her |
21 | | sentence shall not be reduced to less than 75%. |
22 | | (iii) 100% of his or her sentence if the prisoner is |
23 | | required to serve 100% of his or her sentence. |
24 | | (5) Whenever the Department is to release any inmate |
25 | | earlier than it
otherwise would because of a grant of earned |
26 | | sentence credit under paragraph (3) of subsection (a) of this |
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1 | | Section given at any time during the term, the Department |
2 | | shall give
reasonable notice of the impending release not less |
3 | | than 14 days prior to the date of the release to the State's
|
4 | | Attorney of the county where the prosecution of the inmate |
5 | | took place, and if applicable, the State's Attorney of the |
6 | | county into which the inmate will be released. The Department |
7 | | must also make identification information and a recent photo |
8 | | of the inmate being released accessible on the Internet by |
9 | | means of a hyperlink labeled "Community Notification of Inmate |
10 | | Early Release" on the Department's World Wide Web homepage.
|
11 | | The identification information shall include the inmate's: |
12 | | name, any known alias, date of birth, physical |
13 | | characteristics, commitment offense, and county where |
14 | | conviction was imposed. The identification information shall |
15 | | be placed on the website within 3 days of the inmate's release |
16 | | and the information may not be removed until either: |
17 | | completion of the first year of mandatory supervised release |
18 | | or return of the inmate to custody of the Department.
|
19 | | (b) Whenever a person is or has been committed under
|
20 | | several convictions, with separate sentences, the sentences
|
21 | | shall be construed under Section 5-8-4 in granting and
|
22 | | forfeiting of sentence credit.
|
23 | | (c) (1) The Department shall prescribe rules and |
24 | | regulations
for revoking sentence credit, including revoking |
25 | | sentence credit awarded under paragraph (3) of subsection (a) |
26 | | of this Section. The Department shall prescribe rules and |
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1 | | regulations establishing and requiring the use of a sanctions |
2 | | matrix for revoking sentence credit. The Department shall |
3 | | prescribe rules and regulations for suspending or reducing
the |
4 | | rate of accumulation of sentence credit for specific
rule |
5 | | violations, during imprisonment. These rules and regulations
|
6 | | shall provide that no inmate may be penalized more than one
|
7 | | year of sentence credit for any one infraction.
|
8 | | (2) When the Department seeks to revoke, suspend, or |
9 | | reduce
the rate of accumulation of any sentence credits for
an |
10 | | alleged infraction of its rules, it shall bring charges
|
11 | | therefor against the prisoner sought to be so deprived of
|
12 | | sentence credits before the Prisoner Review Board as
provided |
13 | | in subparagraph (a)(4) of Section 3-3-2 of this
Code, if the |
14 | | amount of credit at issue exceeds 30 days, whether from one |
15 | | infraction or cumulatively from multiple infractions arising |
16 | | out of a single event, or
when, during any 12-month period, the |
17 | | cumulative amount of
credit revoked exceeds 30 days except |
18 | | where the infraction is committed
or discovered within 60 days |
19 | | of scheduled release. In those cases,
the Department of |
20 | | Corrections may revoke up to 30 days of sentence credit.
The |
21 | | Board may subsequently approve the revocation of additional |
22 | | sentence credit, if the Department seeks to revoke sentence |
23 | | credit in
excess of 30 days. However, the Board shall not be |
24 | | empowered to review the
Department's decision with respect to |
25 | | the loss of 30 days of sentence
credit within any calendar year |
26 | | for any prisoner or to increase any penalty
beyond the length |
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1 | | requested by the Department.
|
2 | | (3) The Director of the Department of Corrections, in |
3 | | appropriate cases, may
restore sentence credits which have |
4 | | been revoked, suspended,
or reduced. The Department shall |
5 | | prescribe rules and regulations governing the restoration of |
6 | | sentence credits. These rules and regulations shall provide |
7 | | for the automatic restoration of sentence credits following a |
8 | | period in which the prisoner maintains a record without a |
9 | | disciplinary violation.
|
10 | | Nothing contained in this Section shall prohibit the |
11 | | Prisoner Review Board
from ordering, pursuant to Section |
12 | | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the |
13 | | sentence imposed by the court that was not served due to the
|
14 | | accumulation of sentence credit.
|
15 | | (d) If a lawsuit is filed by a prisoner in an Illinois or |
16 | | federal court
against the State, the Department of |
17 | | Corrections, or the Prisoner Review Board,
or against any of
|
18 | | their officers or employees, and the court makes a specific |
19 | | finding that a
pleading, motion, or other paper filed by the |
20 | | prisoner is frivolous, the
Department of Corrections shall |
21 | | conduct a hearing to revoke up to
180 days of sentence credit |
22 | | by bringing charges against the prisoner
sought to be deprived |
23 | | of the sentence credits before the Prisoner Review
Board as |
24 | | provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
|
25 | | If the prisoner has not accumulated 180 days of sentence |
26 | | credit at the
time of the finding, then the Prisoner Review |
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1 | | Board may revoke all
sentence credit accumulated by the |
2 | | prisoner.
|
3 | | For purposes of this subsection (d):
|
4 | | (1) "Frivolous" means that a pleading, motion, or |
5 | | other filing which
purports to be a legal document filed |
6 | | by a prisoner in his or her lawsuit meets
any or all of the |
7 | | following criteria:
|
8 | | (A) it lacks an arguable basis either in law or in |
9 | | fact;
|
10 | | (B) it is being presented for any improper |
11 | | purpose, such as to harass or
to cause unnecessary |
12 | | delay or needless increase in the cost of litigation;
|
13 | | (C) the claims, defenses, and other legal |
14 | | contentions therein are not
warranted by existing law |
15 | | or by a nonfrivolous argument for the extension,
|
16 | | modification, or reversal of existing law or the |
17 | | establishment of new law;
|
18 | | (D) the allegations and other factual contentions |
19 | | do not have
evidentiary
support or, if specifically so |
20 | | identified, are not likely to have evidentiary
support |
21 | | after a reasonable opportunity for further |
22 | | investigation or discovery;
or
|
23 | | (E) the denials of factual contentions are not |
24 | | warranted on the
evidence, or if specifically so |
25 | | identified, are not reasonably based on a lack
of |
26 | | information or belief.
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1 | | (2) "Lawsuit" means a motion pursuant to Section
116-3 |
2 | | of the Code of Criminal Procedure of 1963, a habeas corpus |
3 | | action under
Article X of the Code of Civil Procedure or |
4 | | under federal law (28 U.S.C. 2254),
a petition for claim |
5 | | under the Court of Claims Act, an action under the
federal |
6 | | Civil Rights Act (42 U.S.C. 1983), or a second or |
7 | | subsequent petition for post-conviction relief under |
8 | | Article 122 of the Code of Criminal Procedure of 1963 |
9 | | whether filed with or without leave of court or a second or |
10 | | subsequent petition for relief from judgment under Section |
11 | | 2-1401 of the Code of Civil Procedure.
|
12 | | (e) Nothing in Public Act 90-592 or 90-593 affects the |
13 | | validity of Public Act 89-404.
|
14 | | (f) Whenever the Department is to release any inmate who |
15 | | has been convicted of a violation of an order of protection |
16 | | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or |
17 | | the Criminal Code of 2012, earlier than it
otherwise would |
18 | | because of a grant of sentence credit, the Department, as a |
19 | | condition of release, shall require that the person, upon |
20 | | release, be placed under electronic surveillance as provided |
21 | | in Section 5-8A-7 of this Code. |
22 | | (Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21; |
23 | | 102-28, eff. 6-25-21; 102-558, eff. 8-20-21.)
|
24 | | (730 ILCS 5/3-6-8) |
25 | | Sec. 3-6-8. High school equivalency testing programs. The |
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1 | | Department of Corrections shall develop and establish a |
2 | | program in the Adult Division designed to increase the number |
3 | | of committed persons enrolled in programs for high school |
4 | | equivalency testing and pursuing State of Illinois High School |
5 | | Diplomas high school equivalency certificates by at least 100% |
6 | | over the 4-year period following the effective date of this |
7 | | amendatory Act of the 94th General Assembly. Pursuant to the |
8 | | program, each adult institution and facility shall report |
9 | | annually to the Director of Corrections on the number of |
10 | | committed persons enrolled in high school equivalency testing |
11 | | programs and those who pass high school equivalency testing, |
12 | | and the number of committed persons in the Adult Division who |
13 | | are on waiting lists for participation in the high school |
14 | | equivalency testing programs.
|
15 | | (Source: P.A. 98-718, eff. 1-1-15 .)
|
16 | | (730 ILCS 5/5-8-1.3)
|
17 | | Sec. 5-8-1.3. Pilot residential and transition treatment |
18 | | program for women.
|
19 | | (a) The General Assembly recognizes:
|
20 | | (1) that drug-offending women with children who have |
21 | | been in and out of
the criminal justice system for years |
22 | | are a serious problem;
|
23 | | (2) that the intergenerational cycle of women |
24 | | continuously
being part of the criminal justice system |
25 | | needs to be broken;
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1 | | (3) that the effects of drug offending women with |
2 | | children
disrupts family harmony and creates an atmosphere |
3 | | that is
not conducive to healthy childhood development;
|
4 | | (4) that there is a need for an effective residential
|
5 | | community supervision model to provide help to women to
|
6 | | become drug free, recover from trauma, focus on healthy
|
7 | | mother-child relationships, and establish economic
|
8 | | independence and long-term support;
|
9 | | (5) that certain non-violent women offenders with |
10 | | children
eligible for sentences of incarceration, may |
11 | | benefit from
the rehabilitative aspects of gender |
12 | | responsive
treatment programs and services. This Section |
13 | | shall
not be construed to allow violent offenders to
|
14 | | participate in a treatment program.
|
15 | | (b) Under the direction of the sheriff and with the |
16 | | approval of
the county board of commissioners, the sheriff, in |
17 | | any county with more
than 3,000,000 inhabitants, may operate a |
18 | | residential and
transition treatment program for women |
19 | | established by the Illinois Department
of Corrections if |
20 | | funding has been provided by federal, local or private
|
21 | | entities. If the court finds during the
sentencing hearing |
22 | | conducted under Section 5-4-1 that a woman convicted
of a |
23 | | felony meets the eligibility requirements of the sheriff's
|
24 | | residential and transition treatment program for women, the |
25 | | court may
refer the offender to the sheriff's residential and |
26 | | transition
treatment program for women for consideration as a |
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1 | | participant as an
alternative to incarceration in the |
2 | | penitentiary. The sheriff shall be
responsible for supervising |
3 | | all women who are placed in the residential
and transition |
4 | | treatment program for women for the 12-month period. In
the |
5 | | event that the woman is not accepted for placement in the |
6 | | sheriff's
residential and transition treatment program for |
7 | | women, the court shall
proceed to sentence the woman to any |
8 | | other disposition authorized by
this Code. If the woman does |
9 | | not successfully complete the residential
and transition |
10 | | treatment program for women, the woman's failure to do
so |
11 | | shall constitute a violation of the sentence to the |
12 | | residential and
transition treatment program for women.
|
13 | | (c) In order to be eligible to be a participant in the |
14 | | pilot
residential and transition treatment program for women, |
15 | | the participant
shall meet all of the following conditions:
|
16 | | (1) The woman has not been convicted of a violent |
17 | | crime as
defined in subsection (c) of Section 3 of the |
18 | | Rights of Crime
Victims and Witnesses Act, a Class X |
19 | | felony, first or second
degree murder, armed violence, |
20 | | aggravated kidnapping,
criminal sexual assault, aggravated |
21 | | criminal sexual
abuse or a subsequent conviction for |
22 | | criminal sexual abuse,
forcible detention, or arson and |
23 | | has not been previously
convicted of any of those |
24 | | offenses.
|
25 | | (2) The woman must undergo an initial assessment |
26 | | evaluation
to determine the treatment and program plan.
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1 | | (3) The woman was recommended and accepted for |
2 | | placement in
the pilot residential and transition |
3 | | treatment program for
women by the Department of |
4 | | Corrections and has consented in writing to
participation |
5 | | in the program under the terms and conditions
of the |
6 | | program. The Department of Corrections may consider |
7 | | whether space is
available.
|
8 | | (d) The program may include a substance abuse treatment |
9 | | program
designed for women offenders, mental health, trauma, |
10 | | and medical
treatment; parenting skills and family |
11 | | relationship counseling, preparation for
a State of Illinois |
12 | | High School Diploma high school equivalency or vocational |
13 | | certificate; life skills program; job readiness and job
skill |
14 | | training, and a community transition development plan.
|
15 | | (e) With the approval of the Department of Corrections, |
16 | | the sheriff shall
issue requirements for the program and
|
17 | | inform the participants who shall sign an agreement to adhere |
18 | | to all
rules and all requirements for the pilot residential |
19 | | and transition
treatment program.
|
20 | | (f) Participation in the pilot residential and transition
|
21 | | treatment program for women shall be for a period not to exceed |
22 | | 12
months. The period may not be reduced by accumulation of |
23 | | good time.
|
24 | | (g) If the woman successfully completes the pilot |
25 | | residential
and transition treatment program for women, the |
26 | | sheriff shall notify
the Department of Corrections, the court, |
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1 | | and
the State's
Attorney of the county of the woman's |
2 | | successful completion.
|
3 | | (h) A woman may be removed from the pilot residential and
|
4 | | transition treatment program for women for violation of the |
5 | | terms and
conditions of the program or in the event she is |
6 | | unable to participate.
The failure to complete the program |
7 | | shall be deemed a violation of the
conditions of the program. |
8 | | The sheriff shall give notice to the Department of
|
9 | | Corrections, the court, and the
State's Attorney of the |
10 | | woman's failure to complete the program.
The
Department of |
11 | | Corrections or its designee shall file a petition alleging |
12 | | that
the woman has violated the
conditions of the program with |
13 | | the court. The State's Attorney may
proceed on the petition |
14 | | under Section 5-4-1 of this Code.
|
15 | | (i) The conditions of the pilot residential and transition |
16 | | treatment
program for women shall include that the woman while |
17 | | in the program:
|
18 | | (1) not violate any criminal statute of any |
19 | | jurisdiction;
|
20 | | (2) report or appear in person before any person or
|
21 | | agency as directed by the court, the sheriff, or |
22 | | Department of Corrections;
|
23 | | (3) refrain from possessing a firearm or other |
24 | | dangerous
weapon;
|
25 | | (4) consent to drug testing;
|
26 | | (5) not leave the State without the consent of the |
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1 | | court or,
in circumstances in which reason for the absence |
2 | | is of such an
emergency nature that prior consent by the |
3 | | court is not possible,
without prior notification and |
4 | | approval of the Department of Corrections;
|
5 | | (6) upon placement in the program, must agree to |
6 | | follow all
requirements of the program.
|
7 | | (j) The Department of Corrections or the sheriff may |
8 | | terminate the program
at any time by mutual agreement or with |
9 | | 30 days prior written notice by either
the Department of |
10 | | Corrections or the sheriff.
|
11 | | (k) The Department of Corrections may enter into a joint |
12 | | contract with a
county with more than 3,000,000 inhabitants to |
13 | | establish and operate a pilot
residential and treatment |
14 | | program for women.
|
15 | | (l) The Director
of the Department of Corrections shall |
16 | | have the authority to develop rules to
establish and operate a |
17 | | pilot residential and treatment program for women that
shall |
18 | | include criteria for selection of the participants of the |
19 | | program in
conjunction and approval by the sentencing court. |
20 | | Violent crime offenders are
not eligible to participate in the |
21 | | program.
|
22 | | (m) The Department shall report to the Governor and the |
23 | | General Assembly
before September 30th of each year on the |
24 | | pilot residential and treatment
program for women, including |
25 | | the composition of the program by offenders,
sentence, age, |
26 | | offense, and race. Reporting is only required if the pilot |
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1 | | residential and treatment program for women is operational.
|
2 | | (n) The Department of Corrections or the sheriff may |
3 | | terminate the program
with 30 days prior written notice.
|
4 | | (o) A county with more than 3,000,000 inhabitants is |
5 | | authorized to apply
for funding from federal, local or private |
6 | | entities to create a Residential
and Treatment Program for |
7 | | Women. This sentencing option may not go into
effect until the |
8 | | funding is secured for the program and the program has been
|
9 | | established.
|
10 | | (Source: P.A. 97-800, eff. 7-13-12; 98-718, eff. 1-1-15 .)
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 20 ILCS 505/8 | from Ch. 23, par. 5008 | | 4 | | 20 ILCS 505/35.10 | | | 5 | | 20 ILCS 1315/25 | | | 6 | | 20 ILCS 1705/15.4 | | | 7 | | 105 ILCS 5/3-15.12 | from Ch. 122, par. 3-15.12 | | 8 | | 105 ILCS 5/13-40 | from Ch. 122, par. 13-40 | | 9 | | 105 ILCS 5/26-2 | from Ch. 122, par. 26-2 | | 10 | | 110 ILCS 118/25 | | | 11 | | 110 ILCS 805/2-22 | | | 12 | | 110 ILCS 947/50 | | | 13 | | 110 ILCS 947/52 | | | 14 | | 110 ILCS 947/62 | | | 15 | | 215 ILCS 5/500-50 | | | 16 | | 225 ILCS 65/80-40 | | | 17 | | 225 ILCS 85/9 | from Ch. 111, par. 4129 | | 18 | | 225 ILCS 235/5 | from Ch. 111 1/2, par. 2205 | | 19 | | 225 ILCS 427/40 | | | 20 | | 225 ILCS 441/5-10 | | | 21 | | 225 ILCS 454/5-10 | | | 22 | | 225 ILCS 454/5-27 | | | 23 | | 225 ILCS 454/5-28 | | | 24 | | 305 ILCS 5/4-1.9 | from Ch. 23, par. 4-1.9 | | 25 | | 305 ILCS 5/9A-8 | from Ch. 23, par. 9A-8 | |
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