98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB4336

Introduced , by Rep. Naomi D. Jakobsson

SYNOPSIS AS INTRODUCED:

See Index

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

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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning education.

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

3 represented in the General Assembly:

4 Section 5. The Personnel Code is amended by changing

5 Section 8c as follows:

6 (20 ILCS 415/8c) (from Ch. 127, par. 63b108c)

7 Sec. 8c. Jurisdiction C; conditions of employment. For

8 positions in the State service subject to the jurisdiction of

9 the Department of Central Management Services with respect to

10 conditions of employment:

11 (1) For establishment of a plan for resolving employee

12 grievances and complaints, excluding compulsory arbitration.

13 (2) For hours of work, holidays, and attendance regulation

14 in the various classes of positions in the State service; for

15 annual, sick and special leaves of absence, with or without pay

16 or with reduced pay; for compensatory time off for overtime or

17 for pay for overtime, and for the rate at which compensatory

18 time off is to be allowed or for the rate which is to be paid

19 for overtime. If the services of an employee in the State

20 service are terminated by reason of his retirement, disability

21 or death, he, or his estate, as the case may be, shall be paid a

22 lump sum, for the number of days for leave for personal

23 business which the employee had accumulated but not used as of

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1 the date his services were terminated, in an amount equal to

2 1/2 of his pay per working day times the number of such leave

3 days so accumulated and not used.

4 (3) For the development and operation of programs to

5 improve the work effectiveness and morale of employees in the

6 State service, including training, safety, health, welfare,

7 counseling, recreation, employee relations, a suggestion

8 system, and others.

9 Employees whose tuition and fees are paid by the State,

10 either directly or by reimbursement, shall incur a work

11 commitment to the State. Employees whose State paid training

12 has not led to a postsecondary degree shall be obligated to

13 continue in the employ of the State, but not necessarily in the

14 same agency, for a period of at least 18 months following

15 completion of the most recent course. Employees whose State

16 paid training has led to a postsecondary degree and whose State

17 payments have paid for 50% or more of the required credit hours

18 shall be obligated to continue in the employ of the State, but

19 not necessarily in the same agency, for a minimum of 4 years

20 after receiving the degree.

21 If the employee does not fulfill this work commitment by

22 voluntarily leaving State employment, the State may recover

23 payments in a civil action and may also recover interest at the

24 rate of 1% per month from the time the State makes payment

25 until the time the State recovers the payment. The amount the

26 State may recover under this subsection (3) shall be reduced by

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1 25% of the gross amount paid by the State for each year the

2 employee is employed by the State after the employee receives a

3 postsecondary degree, and 1/18th of the gross amount paid by

4 the State for each month the employee is employed by the State

5 after the employee completes the most recent course which has

6 not led to a postsecondary degree.

7 The State shall not recover payments for course work or a

8 training program that was (a) started before the effective date

9 of this Act; (b) completed as a requirement for a grammar

10 school certificate or a high school diploma, to prepare for

11 high school equivalency testing, ~~a high school level General~~

12 ~~Educational Development Test~~ or to improve literacy or

13 numeracy; (c) specialized training in the form of a conference,

14 seminar, workshop,or similar arrangement offered by public or

15 private organizations; (d) provided as part of the Upward

16 Mobility Program administered by the Department of Central

17 Management Services; or (e) a condition of continued

18 employment.

19 Department of State Police employees who are enrolled in an

20 official training program that lasts longer than one year shall

21 incur a work commitment to the State. The work commitment shall

22 be 2 months for each month of completed training. If the

23 employee fails to fulfill this work commitment by voluntarily

24 leaving State employment, the State may recover wages in a

25 civil action and may also recover interest at the rate of 1%

26 per month from the time the State makes payment until the time

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1 the State recovers the payment. The amount the State may

2 recover under this subsection (3) shall be reduced by the

3 number of months served after the training is completed times

4 the monthly salary at the time of separation.

5 The Department of Central Management Services shall

6 promulgate rules governing recovery activities to be used by

7 all State agencies paying, whether directly or by

8 reimbursement, for employee tuition and fees. Each such agency

9 shall make necessary efforts, including pursuing appropriate

10 legal action, to recover the actual reimbursements and

11 applicable interest due the State under this subsection (3).

12 (4) For the establishment of a sick pay plan in accordance

13 with Section 36 of the State Finance Act.

14 (5) For the establishment of a family responsibility leave

15 plan under which an employee in the State service may request

16 and receive a leave of absence for up to one year without

17 penalty whenever such leave is requested to enable the employee

18 to meet a bona fide family responsibility of such employee. The

19 procedure for determining and documenting the existence of a

20 bona fide family responsibility shall be as provided by rule,

21 but without limiting the circumstances which shall constitute a

22 bona fide family responsibility under the rules, such

23 circumstances shall include leave incident to the birth of the

24 employee's child and the responsibility thereafter to provide

25 proper care to that child or to a newborn child adopted by the

26 employee, the responsibility to provide regular care to a

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1 disabled, incapacitated or bedridden resident of the

2 employee's household or member of the employee's family, and

3 the responsibility to furnish special guidance, care and

4 supervision to a resident of the employee's household or member

5 of the employee's family in need thereof under circumstances

6 temporarily inconsistent with uninterrupted employment in

7 State service. The family responsibility leave plan so

8 established shall provide that any such leave shall be without

9 pay, that the seniority of the employee on such leave shall not

10 be reduced during the period of the leave, that such leave

11 shall not under any circumstance or for any purpose be deemed

12 to cause a break in such employee's State service, that during

13 the period of such leave any coverage of the employee or the

14 employee's dependents which existed at the commencement of the

15 leave under any group health, hospital, medical and life

16 insurance plan provided through the State shall continue so

17 long as the employee pays to the State when due the full

18 premium incident to such coverage, and that upon expiration of

19 the leave the employee shall be returned to the same position

20 and classification which such employee held at the commencement

21 of the leave. The Director of Central Management Services shall

22 prepare proposed rules consistent with this paragraph within 45

23 days after the effective date of this amendatory Act of 1983,

24 shall promptly thereafter cause a public hearing thereon to be

25 held as provided in Section 8 and shall within 120 days after

26 the effective date of this amendatory Act of 1983 cause such

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1 proposed rules to be submitted to the Civil Service Commission

2 as provided in Section 8.

3 (6) For the development and operation of a plan for

4 alternative employment for any employee who is able to perform

5 alternative employment after a work related or non-work related

6 disability essentially precludes that employee from performing

7 his or her currently assigned duties. Such a plan shall be

8 voluntary for any employee and nonparticipation shall not be

9 grounds for denial of any benefit to which the employee would

10 otherwise be eligible. Any plan seeking to cover positions for

11 which there is a recognized bargaining agent shall be subject

12 to collective bargaining between the parties.

13 (7) For the development and operation of an Executive

14 Development Program to provide scholarships for the receipt of

15 academic degrees or senior executive training beyond the

16 Bachelor's degree level for as many as 25 employees at any

17 given time:

18 (i) each of whom is nominated for such scholarship by

19 the head of the employee's agency and approved by the

20 Director;

21 (ii) who are subject to Term Appointment under Section

22 8b.18 or who would be subject to such Term Appointment but

23 for Federal funding or who are exempt from Jurisdiction B

24 under subsections (2), (3) or (6) of Section 4d of this

25 Act:

26 (iii) who meet the admission standards established by

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1 the institution awarding the advanced degree or conducting

2 the training;

3 (iv) each of whom agrees, as a condition of accepting

4 such scholarship, that the State may recover the

5 scholarship by garnishment, lien or other appropriate

6 legal action if the employee fails to continue in the

7 employ of the State, but not necessarily in the same

8 agency, for a minimum of 4 years following receipt of an

9 advanced degree or training and that the State may charge

10 interest from the time of payment until the time of

11 recovery of such scholarship of no less than 1% per month

12 or 12% per annum on all funds recovered by the State. The

13 amount the State may recover under this Section will be

14 reduced by 25% of the gross amount paid by the State for

15 each year of employment following receipt of the advanced

16 degree or training.

17 The Director shall in approving eligible employees for the

18 Executive Development Program make every attempt to guarantee

19 that at least 1/3 of the employees appointed to the program

20 reflect the ratio of sex, race, and ethnicity of eligible

21 employees.

22 Such scholarships shall not exceed the amount established

23 for tuition and fees for the applicable advanced degree or

24 training at State universities in Illinois whether the employee

25 enrolls at any Illinois public or private institution, and

26 shall not include any textbooks or equipment such as personal

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1 computers.

2 The Department of Central Management Services shall make

3 necessary efforts, including appropriate legal action, to

4 recover scholarships and interest thereupon due subject to

5 recovery by the State under Subparagraph (iv) of this

6 Subsection (7).

7 (Source: P.A. 91-357, eff. 7-29-99.)

8 Section 10. The Children and Family Services Act is amended

9 by changing Section 8 as follows:

10 (20 ILCS 505/8) (from Ch. 23, par. 5008)

11 Sec. 8. Scholarships and fee waivers. Each year the

12 Department may select from among the youth under care, youth

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

14 under care who have been adopted or are in a guardianship

15 placement, a maximum of 48 students (at least 4 of whom shall

16 be children of veterans) who have earned a high school diploma

17 from a public school district or a recognized nonpublic school

18 or a high school equivalency certificate ~~of general education~~

19 ~~development (GED),~~ or who have met the State criteria for high

20 school graduation; the youth selected shall be eligible for

21 scholarships and fee waivers which will entitle them to 4

22 consecutive years of community college, university, or college

23 education. Selection shall be made on the basis of scholastic

24 record, aptitude, and general interest in higher education. In

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1 accordance with this Act, tuition scholarships and fee waivers

2 shall be available to such students at any university or

3 college maintained by the State of Illinois. The Department

4 shall provide maintenance and school expenses, except tuition

5 and fees, during the academic years to supplement the students'

6 earnings or other resources so long as they consistently

7 maintain scholastic records which are acceptable to their

8 schools and to the Department. Students may attend other

9 colleges and universities, if scholarships are awarded them,

10 and receive the same benefits for maintenance and other

11 expenses as those students attending any Illinois State

12 community college, university, or college under this Section.

13 (Source: P.A. 97-799, eff. 7-13-12.)

14 Section 15. The Illinois Youthbuild Act is amended by

15 changing Section 25 as follows:

16 (20 ILCS 1315/25)

17 Sec. 25. Eligible participants. Eligible participants are

18 youth 16 to 24 years old who are economically disadvantaged as

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

20 are part of one of the following groups:

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

22 not received a secondary school diploma or its equivalent.

23 (b) Persons currently enrolled in a traditional or

24 alternative school setting or ahigh school equivalency

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1 testing ~~GED~~ program and who are in danger of dropping out

2 of school.

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

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

5 offender, a youth with a disability, a child of

6 incarcerated parents, or a migrant youth.

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

8 individuals who do not meet the requirements of subsections (a)

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

10 attained a secondary school diploma, high school equivalency

11 ~~General Educational Development (GED)~~ certificate, or other

12 State-recognized equivalent, or who have been referred by a

13 local secondary school for participation in a Youthbuild

14 program leading to the attainment of a secondary school

15 diploma.

16 (Source: P.A. 95-524, eff. 8-28-07.)

17 Section 20. The Illinois Guaranteed Job Opportunity Act is

18 amended by changing Section 30 as follows:

19 (20 ILCS 1510/30)

20 Sec. 30. Education requirements. Any individual who has not

21 completed high school and who participates in a job project

22 under this Act may enroll, if appropriate, in and maintain

23 satisfactory progress in a secondary school or an adult basic

24 education or high school equivalency testing ~~GED~~program. Any

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1 individual with limited English speaking ability may

2 participate, if appropriate, in an English as a Second Language

3 program.

4 (Source: P.A. 93-46, eff. 7-1-03.)

5 Section 25. The Mental Health and Developmental

6 Disabilities Administrative Act is amended by changing Section

7 15.4 as follows:

8 (20 ILCS 1705/15.4)

9 Sec. 15.4. Authorization for nursing delegation to permit

10 direct care staff to administer medications.

11 (a) This Section applies to (i) all programs for persons

12 with a developmental disability in settings of 16 persons or

13 fewer that are funded or licensed by the Department of Human

14 Services and that distribute or administer medications and (ii)

15 all intermediate care facilities for the developmentally

16 disabled with 16 beds or fewer that are licensed by the

17 Department of Public Health. The Department of Human Services

18 shall develop a training program for authorized direct care

19 staff to administer oral and topical medications under the

20 supervision and monitoring of a registered professional nurse.

21 This training program shall be developed in consultation with

22 professional associations representing (i) physicians licensed

23 to practice medicine in all its branches, (ii) registered

24 professional nurses, and (iii) pharmacists.

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1 (b) For the purposes of this Section:

2 "Authorized direct care staff" means non-licensed persons

3 who have successfully completed a medication administration

4 training program approved by the Department of Human Services

5 and conducted by a nurse-trainer. This authorization is

6 specific to an individual receiving service in a specific

7 agency and does not transfer to another agency.

8 "Nurse-trainer training program" means a standardized,

9 competency-based medication administration train-the-trainer

10 program provided by the Department of Human Services and

11 conducted by a Department of Human Services master

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

13 train persons employed or under contract to provide direct care

14 or treatment to individuals receiving services to administer

15 medications and provide self-administration of medication

16 training to individuals under the supervision and monitoring of

17 the nurse-trainer. The program incorporates adult learning

18 styles, teaching strategies, classroom management, and a

19 curriculum overview, including the ethical and legal aspects of

20 supervising those administering medications.

21 "Self-administration of medications" means an individual

22 administers his or her own medications. To be considered

23 capable to self-administer their own medication, individuals

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

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

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

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1 time.

2 "Training program" means a standardized medication

3 administration training program approved by the Department of

4 Human Services and conducted by a registered professional nurse

5 for the purpose of training persons employed or under contract

6 to provide direct care or treatment to individuals receiving

7 services to administer medications and provide

8 self-administration of medication training to individuals

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

10 program incorporates adult learning styles, teaching

11 strategies, classroom management, curriculum overview,

12 including ethical-legal aspects, and standardized

13 competency-based evaluations on administration of medications

14 and self-administration of medication training programs.

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

16 staff by nurse-trainers must meet the requirements of this

17 subsection.

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

19 administer medication, the nurse-trainer shall perform the

20 following for each individual to whom medication will be

21 administered by non-licensed direct care staff:

22 (A) An assessment of the individual's health

23 history and physical and mental status.

24 (B) An evaluation of the medications prescribed.

25 (2) Non-licensed authorized direct care staff shall

26 meet the following criteria:

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1 (A) Be 18 years of age or older.

2 (B) Have completed high school or have a high

3 school equivalency certificate ~~its equivalent (GED)~~.

4 (C) Have demonstrated functional literacy.

5 (D) Have satisfactorily completed the Health and

6 Safety component of a Department of Human Services

7 authorized direct care staff training program.

8 (E) Have successfully completed the training

9 program, pass the written portion of the comprehensive

10 exam, and score 100% on the competency-based

11 assessment specific to the individual and his or her

12 medications.

13 (F) Have received additional competency-based

14 assessment by the nurse-trainer as deemed necessary by

15 the nurse-trainer whenever a change of medication

16 occurs or a new individual that requires medication

17 administration enters the program.

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

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

20 the discretion of the registered professional nurse. Any

21 necessary retraining shall be to the extent that is

22 necessary to ensure competency of the authorized direct

23 care staff to administer medication.

24 (4) Authorization of direct care staff to administer

25 medication shall be revoked if, in the opinion of the

26 registered professional nurse, the authorized direct care

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1 staff is no longer competent to administer medication.

2 (5) The registered professional nurse shall assess an

3 individual's health status at least annually or more

4 frequently at the discretion of the registered

5 professional nurse.

6 (d) Medication self-administration shall meet the

7 following requirements:

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

9 each individual to attain the highest possible level of

10 independent functioning, all individuals shall be

11 permitted to participate in their total health care

12 program. This program shall include, but not be limited to,

13 individual training in preventive health and

14 self-medication procedures.

15 (A) Every program shall adopt written policies and

16 procedures for assisting individuals in obtaining

17 preventative health and self-medication skills in

18 consultation with a registered professional nurse,

19 advanced practice nurse, physician assistant, or

20 physician licensed to practice medicine in all its

21 branches.

22 (B) Individuals shall be evaluated to determine

23 their ability to self-medicate by the nurse-trainer

24 through the use of the Department's required,

25 standardized screening and assessment instruments.

26 (C) When the results of the screening and

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1 assessment indicate an individual not to be capable to

2 self-administer his or her own medications, programs

3 shall be developed in consultation with the Community

4 Support Team or Interdisciplinary Team to provide

5 individuals with self-medication administration.

6 (2) Each individual shall be presumed to be competent

7 to self-administer medications if:

8 (A) authorized by an order of a physician licensed

9 to practice medicine in all its branches; and

10 (B) approved to self-administer medication by the

11 individual's Community Support Team or

12 Interdisciplinary Team, which includes a registered

13 professional nurse or an advanced practice nurse.

14 (e) Quality Assurance.

15 (1) A registered professional nurse, advanced practice

16 nurse, licensed practical nurse, physician licensed to

17 practice medicine in all its branches, physician

18 assistant, or pharmacist shall review the following for all

19 individuals:

20 (A) Medication orders.

21 (B) Medication labels, including medications

22 listed on the medication administration record for

23 persons who are not self-medicating to ensure the

24 labels match the orders issued by the physician

25 licensed to practice medicine in all its branches,

26 advanced practice nurse, or physician assistant.

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1 (C) Medication administration records for persons

2 who are not self-medicating to ensure that the records

3 are completed appropriately for:

4 (i) medication administered as prescribed;

5 (ii) refusal by the individual; and

6 (iii) full signatures provided for all

7 initials used.

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

9 done more frequently at the discretion of the registered

10 professional nurse or advanced practice nurse.

11 (3) A quality assurance review of medication errors and

12 data collection for the purpose of monitoring and

13 recommending corrective action shall be conducted within 7

14 days and included in the required annual review.

15 (f) Programs using authorized direct care staff to

16 administer medications are responsible for documenting and

17 maintaining records on the training that is completed.

18 (g) The absence of this training program constitutes a

19 threat to the public interest, safety, and welfare and

20 necessitates emergency rulemaking by the Departments of Human

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

22 Administrative Procedure Act.

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

24 authority to administer medications pursuant to the provisions

25 of this Section shall be given additional education and testing

26 to meet criteria for delegation authority to administer

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1 medications. Any direct care staff person who fails to qualify

2 as an authorized direct care staff after initial training and

3 testing must within 3 months be given another opportunity for

4 retraining and retesting. A direct care staff person who fails

5 to meet criteria for delegated authority to administer

6 medication, including, but not limited to, failure of the

7 written test on 2 occasions shall be given consideration for

8 shift transfer or reassignment, if possible. No employee shall

9 be terminated for failure to qualify during the 3-month time

10 period following initial testing. Refusal to complete training

11 and testing required by this Section may be grounds for

12 immediate dismissal.

13 (i) No authorized direct care staff person delegated to

14 administer medication shall be subject to suspension or

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

16 omissions when performing the functions unless the staff

17 person's actions or omissions constitute willful and wanton

18 conduct. Nothing in this subsection is intended to supersede

19 paragraph (4) of subsection (c).

20 (j) A registered professional nurse, advanced practice

21 nurse, physician licensed to practice medicine in all its

22 branches, or physician assistant shall be on duty or on call at

23 all times in any program covered by this Section.

24 (k) The employer shall be responsible for maintaining

25 liability insurance for any program covered by this Section.

26 (l) Any direct care staff person who qualifies as

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1 authorized direct care staff pursuant to this Section shall be

2 granted consideration for a one-time additional salary

3 differential. The Department shall determine and provide the

4 necessary funding for the differential in the base. This

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

6 (Source: P.A. 91-630, eff. 8-19-99.)

7 Section 30. The Interagency Coordinating Council Act is

8 amended by changing Section 3 as follows:

9 (20 ILCS 3970/3) (from Ch. 127, par. 3833)

10 Sec. 3. Scope and Functions. The Interagency Coordinating

11 Council shall:

12 (a) gather and coordinate data on services for secondary

13 age youth with disabilities in transition from school to

14 employment, post-secondary education and training, and

15 community living;

16 (b) provide information, consultation, and technical

17 assistance to State and local agencies and local school

18 districts involved in the delivery of services to youth with

19 disabilities in transition from secondary school programs to

20 employment and other post-secondary programs;

21 (c) assist State and local agencies and school districts,

22 through local transition planning committees, in establishing

23 interagency agreements to assure the necessary services for

24 efficient and appropriate transition from school to

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1 employment, post-secondary education and training, and

2 community living;

3 (d) conduct an annual statewide evaluation of student

4 transition outcomes and needs from information collected from

5 local transition planning committees, school districts, and

6 other appropriate sources; indicators used to evaluate

7 outcomes shall include (i) high school graduation or passage of

8 high school equivalency testing ~~the Test of General Educational~~

9 ~~Development~~, (ii) participation in post-secondary education,

10 including continuing and adult education, (iii) involvement in

11 integrated employment, supported employment, and work-based

12 learning activities, including vocational training, and (iv)

13 independent living, community participation, adult services,

14 and other post-secondary activities; and

15 (e) provide periodic in-service training to consumers in

16 developing and improving awareness of transition services.

17 (Source: P.A. 92-452, eff. 8-21-01.)

18 Section 35. The School Code is amended by changing Sections

19 2-3.66, 3-15.12, 10-22.20, 13-40, 13B-20.20, 13B-30.15,

20 13B-85, 26-2, and 26-16 as follows:

21 (105 ILCS 5/2-3.66) (from Ch. 122, par. 2-3.66)

22 Sec. 2-3.66. Truants' alternative and optional education

23 programs. To establish projects to offer modified

24 instructional programs or other services designed to prevent

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1 students from dropping out of school, including programs

2 pursuant to Section 2-3.41, and to serve as a part time or full

3 time option in lieu of regular school attendance and to award

4 grants to local school districts, educational service regions

5 or community college districts from appropriated funds to

6 assist districts in establishing such projects. The education

7 agency may operate its own program or enter into a contract

8 with another not-for-profit entity to implement the program.

9 The projects shall allow dropouts, up to and including age 21,

10 potential dropouts, including truants, uninvolved, unmotivated

11 and disaffected students, as defined by State Board of

12 Education rules and regulations, to enroll, as an alternative

13 to regular school attendance, in an optional education program

14 which may be established by school board policy and is in

15 conformance with rules adopted by the State Board of Education.

16 Truants' Alternative and Optional Education programs funded

17 pursuant to this Section shall be planned by a student, the

18 student's parents or legal guardians, unless the student is 18

19 years or older, and school officials and shall culminate in an

20 individualized optional education plan. Such plan shall focus

21 on academic or vocational skills, or both, and may include, but

22 not be limited to, evening school, summer school, community

23 college courses, adult education, preparation courses forhigh

24 school equivalency testing ~~the high school level test of~~

25 ~~General Educational Development~~, vocational training, work

26 experience, programs to enhance self concept and parenting

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1 courses. School districts which are awarded grants pursuant to

2 this Section shall be authorized to provide day care services

3 to children of students who are eligible and desire to enroll

4 in programs established and funded under this Section, but only

5 if and to the extent that such day care is necessary to enable

6 those eligible students to attend and participate in the

7 programs and courses which are conducted pursuant to this

8 Section. School districts and regional offices of education may

9 claim general State aid under Section 18-8.05 for students

10 enrolled in truants' alternative and optional education

11 programs, provided that such students are receiving services

12 that are supplemental to a program leading to a high school

13 diploma and are otherwise eligible to be claimed for general

14 State aid under Section 18-8.05.

15 (Source: P.A. 96-734, eff. 8-25-09.)

16 (105 ILCS 5/3-15.12) (from Ch. 122, par. 3-15.12)

17 Sec. 3-15.12. High school equivalency testing program. The

18 regional superintendent of schools shall make available for

19 qualified individuals residing within the region a High School

20 Equivalency Testing Program. For that purpose the regional

21 superintendent alone or with other regional superintendents

22 may establish and supervise a testing center or centers to

23 administer the secure forms for high school equivalency testing

24 ~~of the high school level Test of General Educational~~

25 ~~Development~~to qualified persons. Such centers shall be under

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1 the supervision of the regional superintendent in whose region

2 such centers are located, subject to the approval of the

3 President of the Illinois Community College Board.

4 An individual is eligible to apply to the regional

5 superintendent of schools for the region in which he or she

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

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

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

9 completing an alternative education program under Section

10 2-3.81, Article 13A, or Article 13B; or (c) a person who is

11 enrolled in a youth education program sponsored by the Illinois

12 National Guard. For purposes of this Section, residence is that

13 abode which the applicant considers his or her home. Applicants

14 may provide as sufficient proof of such residence and as an

15 acceptable form of identification a driver's license, valid

16 passport, military ID, or other form of government-issued

17 national or foreign identification that shows the applicant's

18 name, address, date of birth, signature, and photograph or

19 other acceptable identification as may be allowed by law or as

20 regulated by the Illinois Community College Board. Such

21 regional superintendent shall determine if the applicant meets

22 statutory and regulatory state standards. If qualified the

23 applicant shall at the time of such application pay a fee

24 established by the Illinois Community College Board, which fee

25 shall be paid into a special fund under the control and

26 supervision of the regional superintendent. Such moneys

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1 received by the regional superintendent shall be used, first,

2 for the expenses incurred in administering and scoring the

3 examination, and next for other educational programs that are

4 developed and designed by the regional superintendent of

5 schools to assist those who successfully complete high school

6 equivalency testing ~~the high school level test of General~~

7 ~~Education Development~~ in furthering their academic development

8 or their ability to secure and retain gainful employment,

9 including programs for the competitive award based on test

10 scores of college or adult education scholarship grants or

11 similar educational incentives. Any excess moneys shall be paid

12 into the institute fund.

13 Any applicant who has achieved the minimum passing

14 standards as established by the Illinois Community College

15 Board shall be notified in writing by the regional

16 superintendent and shall be issued a high school equivalency

17 certificate on the forms provided by the Illinois Community

18 College Board. The regional superintendent shall then certify

19 to the Illinois Community College Board the score of the

20 applicant and such other and additional information that may be

21 required by the Illinois Community College Board. The moneys

22 received therefrom shall be used in the same manner as provided

23 for in this Section.

24 Any applicant who has attained the age of 17 years and

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

26 school graduate, any person who has enrolled in a youth

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1 education program sponsored by the Illinois National Guard, or

2 any person who has successfully completed an alternative

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

4 13B is eligible to apply for a high school equivalency

5 certificate (if he or she meets the requirements prescribed by

6 the Illinois Community College Board) upon showing evidence

7 that he or she has completed, successfully, high school

8 equivalency testing ~~the high school level General Educational~~

9 ~~Development Tests~~, administered by the United States Armed

10 Forces Institute, official high school equivalency testing

11 centers ~~GED Centers~~established in other states,~~or at~~

12 Veterans' Administration Hospitals,or the office of the State

13 Superintendent of Education ~~administered~~ for the Illinois

14 State Penitentiary System and the Department of Corrections.

15 Such applicant shall apply to the regional superintendent of

16 the region wherein he or she has maintained residence, and,

17 upon payment of a fee established by the Illinois Community

18 College Board,the regional superintendent shall issue a high

19 school equivalency certificate~~,~~ and immediately thereafter

20 certify to the Illinois Community College Board the score of

21 the applicant and such other and additional information as may

22 be required by the Illinois Community College Board.

23 Notwithstanding the provisions of this Section, any

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

25 request the regional superintendent of schools to administer

26 ~~the~~ restricted high school equivalency testing ~~GED test~~upon

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1 written request of: the ~~The~~ director of a program who certifies

2 to the Chief Examiner of an officialhigh school equivalency

3 testing ~~GED~~center that the applicant has completed a program

4 of instruction provided by such agencies as the Job Corps, the

5 Postal Service Academy, or an apprenticeship training program;

6 an employer or program director for purposes of entry into

7 apprenticeship programs; anotherstate's department of

8 education ~~State Department of Education~~ in order to meet

9 regulations established by thatdepartment of education; or

10 ~~Department of Education,~~a post high school educational

11 institution for purposes of admission, the Department of

12 Financial andProfessional Regulation for licensing purposes,

13 or the Armed Forces for induction purposes. The regional

14 superintendent shall administer suchtesting, ~~test~~ and the

15 applicant shall be notified in writing that he or sheis

16 eligible to receive a high school equivalency certificate ~~the~~

17 ~~Illinois High School Equivalency Certificate~~upon reaching age

18 17, provided he or she meets the standards established by the

19 Illinois Community College Board.

20 Any test administered under this Section to an applicant

21 who does not speak and understand English may at the discretion

22 of the administering agency be given and answered in any

23 language in which the test is printed. The regional

24 superintendent of schools may waive any fees required by this

25 Section in case of hardship.

26 In counties of over 3,000,000 population, a high school

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1 equivalency ~~GED~~certificate shall contain the signatures of the

2 President of the Illinois Community College Board, the

3 superintendent, president,or other chief executive officer of

4 the institution where high school equivalency testing ~~GED~~

5 instruction occurred,and any other signatures authorized by

6 the Illinois Community College Board.

7 The regional superintendent of schools shall furnish the

8 Illinois Community College Board with any information that the

9 Illinois Community College Board requests with regard to

10 testing and certificates under this Section.

11 (Source: P.A. 94-108, eff. 7-1-05; 95-609, eff. 6-1-08.)

12 (105 ILCS 5/10-22.20) (from Ch. 122, par. 10-22.20)

13 Sec. 10-22.20. Classes for adults and youths whose

14 schooling has been interrupted; conditions for State

15 reimbursement; use of child care facilities.

16 (a) To establish special classes for the instruction (1) of

17 persons of age 21 years or over~~,~~ and (2) of persons less than

18 age 21 and not otherwise in attendance in public school, for

19 the purpose of providing adults in the community~~,~~ and youths

20 whose schooling has been interrupted~~,~~ with such additional

21 basic education, vocational skill training, and other

22 instruction as may be necessary to increase their

23 qualifications for employment or other means of self-support

24 and their ability to meet their responsibilities as citizens,

25 including courses of instruction regularly accepted for

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1 graduation from elementary or high schools and for

2 Americanization and high school equivalency testing review

3 ~~General Educational Development Review~~ classes.

4 The board shall pay the necessary expenses of such classes

5 out of school funds of the district, including costs of student

6 transportation and such facilities or provision for child-care

7 as may be necessary in the judgment of the board to permit

8 maximum utilization of the courses by students with children,

9 and other special needs of the students directly related to

10 such instruction. The expenses thus incurred shall be subject

11 to State reimbursement, as provided in this Section. The board

12 may make a tuition charge for persons taking instruction who

13 are not subject to State reimbursement, such tuition charge not

14 to exceed the per capita cost of such classes.

15 The cost of such instruction, including the additional

16 expenses herein authorized, incurred for recipients of

17 financial aid under the Illinois Public Aid Code, or for

18 persons for whom education and training aid has been authorized

19 under Section 9-8 of that Code, shall be assumed in its

20 entirety from funds appropriated by the State to the Illinois

21 Community College Board.

22 (b) The Illinois Community College Board shall establish

23 the standards for the courses of instruction reimbursed under

24 this Section. The Illinois Community College Board shall

25 supervise the administration of the programs. The Illinois

26 Community College Board shall determine the cost of instruction

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1 in accordance with standards established by the Illinois

2 Community College Board, including therein other incidental

3 costs as herein authorized, which shall serve as the basis of

4 State reimbursement in accordance with the provisions of this

5 Section. In the approval of programs and the determination of

6 the cost of instruction, the Illinois Community College Board

7 shall provide for the maximum utilization of federal funds for

8 such programs. The Illinois Community College Board shall also

9 provide for:

10 (1) the development of an index of need for program

11 planning and for area funding allocations, as defined by

12 the Illinois Community College Board;

13 (2) the method for calculating hours of instruction, as

14 defined by the Illinois Community College Board, claimable

15 for reimbursement and a method to phase in the calculation

16 and for adjusting the calculations in cases where the

17 services of a program are interrupted due to circumstances

18 beyond the control of the program provider;

19 (3) a plan for the reallocation of funds to increase

20 the amount allocated for grants based upon program

21 performance as set forth in subsection (d) below; and

22 (4) the development of standards for determining

23 grants based upon performance as set forth in subsection

24 (d) below and a plan for the phased-in implementation of

25 those standards.

26 For instruction provided by school districts and community

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1 college districts beginning July 1, 1996 and thereafter,

2 reimbursement provided by the Illinois Community College Board

3 for classes authorized by this Section shall be provided from

4 funds appropriated for the reimbursement criteria set forth in

5 subsection (c) below.

6 (c) Upon the annual approval of the Illinois Community

7 College Board, reimbursement shall be first provided for

8 transportation, child care services, and other special needs of

9 the students directly related to instruction and then from the

10 funds remaining an amount equal to the product of the total

11 credit hours or units of instruction approved by the Illinois

12 Community College Board, multiplied by the following:

13 (1) For adult basic education, the maximum

14 reimbursement per credit hour or per unit of instruction

15 shall be equal to the general state aid per pupil

16 foundation level established in subsection (B) of Section

17 18-8.05, divided by 60;

18 (2) The maximum reimbursement per credit hour or per

19 unit of instruction in subparagraph (1) above shall be

20 weighted for students enrolled in classes defined as

21 vocational skills and approved by the Illinois Community

22 College Board by 1.25;

23 (3) The maximum reimbursement per credit hour or per

24 unit of instruction in subparagraph (1) above shall be

25 multiplied by .90 for students enrolled in classes defined

26 as adult secondary education programs and approved by the

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1 Illinois Community College Board;

2 (4) (Blank); and

3 (5) Funding for program years after 1999-2000 shall be

4 determined by the Illinois Community College Board.

5 (d) Upon its annual approval, the Illinois Community

6 College Board shall provide grants to eligible programs for

7 supplemental activities to improve or expand services under the

8 Adult Education Act. Eligible programs shall be determined

9 based upon performance outcomes of students in the programs as

10 set by the Illinois Community College Board.

11 (e) Reimbursement under this Section shall not exceed the

12 actual costs of the approved program.

13 If the amount appropriated to the Illinois Community

14 College Board for reimbursement under this Section is less than

15 the amount required under this Act, the apportionment shall be

16 proportionately reduced.

17 School districts and community college districts may

18 assess students up to $3.00 per credit hour, for classes other

19 than Adult Basic Education level programs, if needed to meet

20 program costs.

21 (f) An education plan shall be established for each adult

22 or youth whose schooling has been interrupted and who is

23 participating in the instructional programs provided under

24 this Section.

25 Each school board and community college shall keep an

26 accurate and detailed account of the students assigned to and

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1 receiving instruction under this Section who are subject to

2 State reimbursement and shall submit reports of services

3 provided commencing with fiscal year 1997 as required by the

4 Illinois Community College Board.

5 For classes authorized under this Section, a credit hour or

6 unit of instruction is equal to 15 hours of direct instruction

7 for students enrolled in approved adult education programs at

8 midterm and making satisfactory progress, in accordance with

9 standards established by the Illinois Community College Board.

10 (g) Upon proof submitted to the Illinois Department of

11 Human Services of the payment of all claims submitted under

12 this Section, that Department shall apply for federal funds

13 made available therefor and any federal funds so received shall

14 be paid into the General Revenue Fund in the State Treasury.

15 School districts or community colleges providing classes

16 under this Section shall submit applications to the Illinois

17 Community College Board for preapproval in accordance with the

18 standards established by the Illinois Community College Board.

19 Payments shall be made by the Illinois Community College Board

20 based upon approved programs. Interim expenditure reports may

21 be required by the Illinois Community College Board. Final

22 claims for the school year shall be submitted to the regional

23 superintendents for transmittal to the Illinois Community

24 College Board. Final adjusted payments shall be made by

25 September 30.

26 If a school district or community college district fails to

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1 provide, or is providing unsatisfactory or insufficient

2 classes under this Section, the Illinois Community College

3 Board may enter into agreements with public or private

4 educational or other agencies other than the public schools for

5 the establishment of such classes.

6 (h) If a school district or community college district

7 establishes child-care facilities for the children of

8 participants in classes established under this Section, it may

9 extend the use of these facilities to students who have

10 obtained employment and to other persons in the community whose

11 children require care and supervision while the parent or other

12 person in charge of the children is employed or otherwise

13 absent from the home during all or part of the day. It may make

14 the facilities available before and after as well as during

15 regular school hours to school age and preschool age children

16 who may benefit thereby, including children who require care

17 and supervision pending the return of their parent or other

18 person in charge of their care from employment or other

19 activity requiring absence from the home.

20 The Illinois Community College Board shall pay to the board

21 the cost of care in the facilities for any child who is a

22 recipient of financial aid under the Illinois Public Aid Code.

23 The board may charge for care of children for whom it

24 cannot make claim under the provisions of this Section. The

25 charge shall not exceed per capita cost, and to the extent

26 feasible, shall be fixed at a level which will permit

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1 utilization by employed parents of low or moderate income. It

2 may also permit any other State or local governmental agency or

3 private agency providing care for children to purchase care.

4 After July 1, 1970 when the provisions of Section 10-20.20

5 become operative in the district, children in a child-care

6 facility shall be transferred to the kindergarten established

7 under that Section for such portion of the day as may be

8 required for the kindergarten program, and only the prorated

9 costs of care and training provided in the Center for the

10 remaining period shall be charged to the Illinois Department of

11 Human Services or other persons or agencies paying for such

12 care.

13 (i) The provisions of this Section shall also apply to

14 school districts having a population exceeding 500,000.

15 (j) In addition to claiming reimbursement under this

16 Section, a school district may claim general State aid under

17 Section 18-8.05 for any student under age 21 who is enrolled in

18 courses accepted for graduation from elementary or high school

19 and who otherwise meets the requirements of Section 18-8.05.

20 (Source: P.A. 95-331, eff. 8-21-07.)

21 (105 ILCS 5/13-40) (from Ch. 122, par. 13-40)

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

23 of Juvenile Justice and thereby to better serve the interests

24 of the people of Illinois the following bill is presented.

25 Its purpose is to enhance the quality and scope of

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1 education for inmates and wards within the Department of

2 Juvenile Justice so that they will be better motivated and

3 better equipped to restore themselves to constructive and law

4 abiding lives in the community. The specific measure sought is

5 the creation of a school district within the Department so that

6 its educational programs can meet the needs of persons

7 committed and so the resources of public education at the state

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

9 contemplated within the provisions of the Illinois State

10 Constitution of 1970 which provides that "A fundamental goal of

11 the People of the State is the educational development of all

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

13 1, 2006, the Department of Corrections school district shall be

14 transferred to the Department of Juvenile Justice. It shall be

15 responsible for the education of youth within the Department of

16 Juvenile Justice and inmates age 21 or under within the

17 Department of Corrections who have not yet earned a high school

18 diploma or a high school equivalency ~~General Educational~~

19 ~~Development (GED)~~ certificate, and the ~~said~~ district may

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

21 advanced educational schools as provided in this Act. The

22 Department of Corrections retains authority as provided for in

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

24 Corrections. The Board of Education for this district shall

25 with the aid and advice of professional educational personnel

26 of the Department of Juvenile Justice and the State Board of

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1 Education determine the needs and type of schools and the

2 curriculum for each school within the school district and may

3 proceed to establish the same through existing means within

4 present and future appropriations, federal and state school

5 funds, vocational rehabilitation grants and funds and all other

6 funds, gifts and grants, private or public, including federal

7 funds, but not exclusive to the said sources but inclusive of

8 all funds which might be available for school purposes.

9 (Source: P.A. 94-696, eff. 6-1-06.)

10 (105 ILCS 5/13B-20.20)

11 Sec. 13B-20.20. Enrollment in other programs. High school

12 equivalency testing ~~General Educational Development~~

13 preparation programs are not eligible for funding under this

14 Article. A student may enroll in a program approved under

15 Section 18-8.05 of this Code, as appropriate, or attend both

16 the alternative learning opportunities program and the regular

17 school program to enhance student performance and facilitate

18 on-time graduation.

19 (Source: P.A. 92-42, eff. 1-1-02.)

20 (105 ILCS 5/13B-30.15)

21 Sec. 13B-30.15. Statewide program evaluation of student

22 outcomes. Alternative learning opportunities programs must be

23 evaluated annually on a statewide basis. Indicators used to

24 measure student outcomes for this evaluation may include

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1 program completion, elementary school graduation, high school

2 graduation or passage ofhigh school equivalency testing ~~the~~

3 ~~General Educational Development test~~, attendance, the number

4 of students involved in work-based learning activities, the

5 number of students making an effective transition to the

6 regular school program, further education or work, and

7 improvement in the percentage of students enrolled in the

8 sending school district or districts that meet State standards.

9 (Source: P.A. 92-42, eff. 1-1-02.)

10 (105 ILCS 5/13B-85)

11 Sec. 13B-85. High school equivalency testing ~~Test of~~

12 ~~General Educational Development~~. A student 16 years of age or

13 over who satisfactorily completes an alternative learning

14 opportunities program in accordance with school district

15 guidelines and the Student Success Plan may take a high school

16 equivalency test ~~the Test of General Educational Development~~.

17 (Source: P.A. 92-42, eff. 1-1-02.)

18 (105 ILCS 5/26-2) (from Ch. 122, par. 26-2)

19 (Text of Section before amendment by P.A. 98-544)

20 Sec. 26-2. Enrolled pupils below 7 or over 17.

21 (a) Any person having custody or control of a child who is

22 below the age of 7 years or is 17 years of age or above and who

23 is enrolled in any of grades kindergarten through 12 in the

24 public school shall cause him to attend the public school in

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1 the district wherein he resides when it is in session during

2 the regular school term, unless he is excused under paragraph

3 2, 3, 4, 5, or 6 of Section 26-1.

4 (b) A school district shall deny reenrollment in its

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

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

7 lack of credits, attend classes during the normal school year

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

9 district may, however, enroll the child in a graduation

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

11 alternative learning opportunities program established under

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

13 above reasons unless the school district first offers the child

14 due process as required in cases of expulsion under Section

15 10-22.6. If a child is denied reenrollment after being provided

16 with due process, the school district must provide counseling

17 to that child and must direct that child to alternative

18 educational programs, including adult education programs, that

19 lead to graduation or receipt of ahigh school equivalency

20 certificate ~~GED diploma~~.

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

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

23 to meet minimum academic standards if all of the following

24 conditions are met:

25 (1) The student achieved a grade point average of less

26 than "D" (or its equivalent) in the semester immediately

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1 prior to the current semester.

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

3 are given written notice warning that the student is

4 failing academically and is subject to denial from

5 enrollment for one semester unless a "D" average (or its

6 equivalent) or better is attained in the current semester.

7 (3) The parent or guardian is provided with the right

8 to appeal the notice, as determined by the State Board of

9 Education in accordance with due process.

10 (4) The student is provided with an academic

11 improvement plan and academic remediation services.

12 (5) The student fails to achieve a "D" average (or its

13 equivalent) or better in the current semester.

14 A school or school district may deny enrollment to a

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

16 to meet minimum attendance standards if all of the following

17 conditions are met:

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

19 or more of the attendance days in the semester immediately

20 prior to the current semester.

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

22 are given written notice warning that the student is

23 subject to denial from enrollment for one semester unless

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

25 the attendance days in the current semester.

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

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

2 Board of Education in accordance with due process.

3 (4) The student is provided with attendance

4 remediation services, including without limitation

5 assessment, counseling, and support services.

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

7 or more of the attendance days in the current semester.

8 A school or school district may not deny enrollment to a

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

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

11 consecutive semester for failure to meet academic or attendance

12 standards.

13 (d) No child may be denied enrollment or reenrollment under

14 this Section in violation of the Individuals with Disabilities

15 Education Act or the Americans with Disabilities Act.

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

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

18 school district shall identify, track, and report on the

19 educational progress and outcomes of reenrolled students as a

20 subset of the district's required reporting on all enrollments.

21 A reenrolled student who again drops out must not be counted

22 again against a district's dropout rate performance measure.

23 The State Board of Education shall set performance standards

24 for programs serving reenrolled students.

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

26 necessary to implement the changes to this Section made by

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1 Public Act 93-803.

2 (Source: P.A. 95-417, eff. 8-24-07.)

3 (Text of Section after amendment by P.A. 98-544)

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

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

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

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

8 enrolled in any of grades kindergarten through 12 in the public

9 school shall cause him to attend the public school in the

10 district wherein he resides when it is in session during the

11 regular school term, unless he is excused under paragraph 2, 3,

12 4, 5, or 6 of Section 26-1. Beginning with the 2014-2015 school

13 year, any person having custody or control of a child who is

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

15 is enrolled in any of grades kindergarten through 12 in the

16 public school shall cause the child to attend the public school

17 in the district wherein he or she resides when it is in session

18 during the regular school term, unless the child is excused

19 under paragraph 2, 3, 4, 5, or 6 of Section 26-1 of this Code.

20 (b) A school district shall deny reenrollment in its

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

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

23 lack of credits, attend classes during the normal school year

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

25 district may, however, enroll the child in a graduation

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

2 alternative learning opportunities program established under

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

4 above reasons unless the school district first offers the child

5 due process as required in cases of expulsion under Section

6 10-22.6. If a child is denied reenrollment after being provided

7 with due process, the school district must provide counseling

8 to that child and must direct that child to alternative

9 educational programs, including adult education programs, that

10 lead to graduation or receipt of ahigh school equivalency

11 certificate ~~GED diploma~~.

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

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

14 to meet minimum academic standards if all of the following

15 conditions are met:

16 (1) The student achieved a grade point average of less

17 than "D" (or its equivalent) in the semester immediately

18 prior to the current semester.

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

20 are given written notice warning that the student is

21 failing academically and is subject to denial from

22 enrollment for one semester unless a "D" average (or its

23 equivalent) or better is attained in the current semester.

24 (3) The parent or guardian is provided with the right

25 to appeal the notice, as determined by the State Board of

26 Education in accordance with due process.

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1 (4) The student is provided with an academic

2 improvement plan and academic remediation services.

3 (5) The student fails to achieve a "D" average (or its

4 equivalent) or better in the current semester.

5 A school or school district may deny enrollment to a

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

7 to meet minimum attendance standards if all of the following

8 conditions are met:

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

10 or more of the attendance days in the semester immediately

11 prior to the current semester.

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

13 are given written notice warning that the student is

14 subject to denial from enrollment for one semester unless

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

16 the attendance days in the current semester.

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

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

19 Board of Education in accordance with due process.

20 (4) The student is provided with attendance

21 remediation services, including without limitation

22 assessment, counseling, and support services.

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

24 or more of the attendance days in the current semester.

25 A school or school district may not deny enrollment to a

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

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

2 consecutive semester for failure to meet academic or attendance

3 standards.

4 (d) No child may be denied enrollment or reenrollment under

5 this Section in violation of the Individuals with Disabilities

6 Education Act or the Americans with Disabilities Act.

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

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

9 school district shall identify, track, and report on the

10 educational progress and outcomes of reenrolled students as a

11 subset of the district's required reporting on all enrollments.

12 A reenrolled student who again drops out must not be counted

13 again against a district's dropout rate performance measure.

14 The State Board of Education shall set performance standards

15 for programs serving reenrolled students.

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

17 necessary to implement the changes to this Section made by

18 Public Act 93-803.

19 (Source: P.A. 98-544, eff. 7-1-14.)

20 (105 ILCS 5/26-16)

21 Sec. 26-16. Graduation incentives program.

22 (a) The General Assembly finds that it is critical to

23 provide options for children to succeed in school. The purpose

24 of this Section is to provide incentives for and encourage all

25 Illinois students who have experienced or are experiencing

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1 difficulty in the traditional education system to enroll in

2 alternative programs.

3 (b) Any student who is below the age of 20 years is

4 eligible to enroll in a graduation incentives program if he or

5 she:

6 (1) is considered a dropout pursuant to Section 26-2a

7 of this Code;

8 (2) has been suspended or expelled pursuant to Section

9 10-22.6 or 34-19 of this Code;

10 (3) is pregnant or is a parent;

11 (4) has been assessed as chemically dependent; or

12 (5) is enrolled in a bilingual education or LEP

13 program.

14 (c) The following programs qualify as graduation

15 incentives programs for students meeting the criteria

16 established in this Section:

17 (1) Any public elementary or secondary education

18 graduation incentives program established by a school

19 district or by a regional office of education.

20 (2) Any alternative learning opportunities program

21 established pursuant to Article 13B of this Code.

22 (3) Vocational or job training courses approved by the

23 State Superintendent of Education that are available

24 through the Illinois public community college system.

25 Students may apply for reimbursement of 50% of tuition

26 costs for one course per semester or a maximum of 3 courses

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1 per school year. Subject to available funds, students may

2 apply for reimbursement of up to 100% of tuition costs upon

3 a showing of employment within 6 months after completion of

4 a vocational or job training program. The qualifications

5 for reimbursement shall be established by the State

6 Superintendent of Education by rule.

7 (4) Job and career programs approved by the State

8 Superintendent of Education that are available through

9 Illinois-accredited private business and vocational

10 schools. Subject to available funds, pupils may apply for

11 reimbursement of up to 100% of tuition costs upon a showing

12 of employment within 6 months after completion of a job or

13 career program. The State Superintendent of Education

14 shall establish, by rule, the qualifications for

15 reimbursement, criteria for determining reimbursement

16 amounts, and limits on reimbursement.

17 (5) Adult education courses that offer preparation for

18 high school equivalency testing ~~the General Educational~~

19 ~~Development Test~~.

20 (d) Graduation incentives programs established by school

21 districts are entitled to claim general State aid, subject to

22 Sections 13B-50, 13B-50.5, and 13B-50.10 of this Code.

23 Graduation incentives programs operated by regional offices of

24 education are entitled to receive general State aid at the

25 foundation level of support per pupil enrolled. A school

26 district must ensure that its graduation incentives program

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1 receives supplemental general State aid, transportation

2 reimbursements, and special education resources, if

3 appropriate, for students enrolled in the program.

4 (Source: P.A. 93-858, eff. 1-1-05; 93-1079, eff. 1-21-05.)

5 Section 40. The Adult Education Act is amended by changing

6 Section 3-1 as follows:

7 (105 ILCS 405/3-1) (from Ch. 122, par. 203-1)

8 Sec. 3-1. Apportionment for Adult Education Courses. Any

9 school district maintaining adult education classes for the

10 instruction of persons over 21 years of age and youths under 21

11 years of age whose schooling has been interrupted shall be

12 entitled to claim an apportionment in accordance with the

13 provisions of Section 10-22.20 of the School Code and Section

14 2-4 of this Act. Any public community college district

15 maintaining adult education classes for the instruction of

16 persons over 21 years of age and youths under 21 years of age

17 whose schooling has been interrupted shall be entitled to claim

18 an apportionment in accordance with the provisions of Section

19 2-16.02 of the Public Community College Act.

20 Reimbursement as herein provided shall be limited to

21 courses regularly accepted for graduation from elementary or

22 high schools and for Americanization andhigh school

23 equivalency testing review ~~General Educational Development~~

24 ~~Review~~classes which are approved by the Board.

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1 If the amount appropriated for this purpose is less than

2 the amount required under the provisions of this Section, the

3 apportionment for local districts shall be proportionately

4 reduced.

5 (Source: P.A. 93-21, eff. 7-1-03.)

6 Section 45. The University of Illinois Act is amended by

7 changing Section 8 as follows:

8 (110 ILCS 305/8) (from Ch. 144, par. 29)

9 Sec. 8. Admissions.

10 (a) (Blank).

11 (b) In addition, commencing in the fall of 1993, no new

12 student shall then or thereafter be admitted to instruction in

13 any of the departments or colleges of the University unless

14 such student also has satisfactorily completed:

15 (1) at least 15 units of high school coursework from

16 the following 5 categories:

17 (A) 4 years of English (emphasizing written and

18 oral communications and literature), of which up to 2

19 years may be collegiate level instruction;

20 (B) 3 years of social studies (emphasizing history

21 and government);

22 (C) 3 years of mathematics (introductory through

23 advanced algebra, geometry, trigonometry, or

24 fundamentals of computer programming);

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1 (D) 3 years of science (laboratory sciences); and

2 (E) 2 years of electives in foreign language (which

3 may be deemed to include American Sign Language),

4 music, vocational education or art;

5 (2) except that institutions may admit individual

6 applicants if the institution determines through

7 assessment or through evaluation based on learning

8 outcomes of the coursework taken, including vocational

9 education courses and courses taken in a charter school

10 established under Article 27A of the School Code, that the

11 applicant demonstrates knowledge and skills substantially

12 equivalent to the knowledge and skills expected to be

13 acquired in the high school courses required for admission.

14 The Board of Trustees of the University of Illinois shall

15 not discriminate in the University's admissions process

16 against an applicant for admission because of the

17 applicant's enrollment in a charter school established

18 under Article 27A of the School Code. Institutions may also

19 admit 1) applicants who did not have an opportunity to

20 complete the minimum college preparatory curriculum in

21 high school, and 2) educationally disadvantaged applicants

22 who are admitted to the formal organized special assistance

23 programs that are tailored to the needs of such students,

24 providing that in either case, the institution

25 incorporates in the applicant's baccalaureate curriculum

26 courses or other academic activities that compensate for

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1 course deficiencies; and

2 (3) except that up to 3 of the 15 units of coursework

3 required by paragraph (1) of this subsection may be

4 distributed by deducting no more than one unit each from

5 the categories of social studies, mathematics, sciences

6 and electives and completing those 3 units in any of the 5

7 categories of coursework described in paragraph (1).

8 (c) When allocating funds, local boards of education shall

9 recognize their obligation to their students to offer the

10 coursework required by subsection (b).

11 (d) A student who has graduated from high school and has

12 scored within the University's accepted range on the ACT or SAT

13 shall not be required to take a high school equivalency test

14 ~~the high school level General Educational Development (GED)~~

15 ~~Test~~as a prerequisite to admission.

16 (Source: P.A. 96-203, eff. 8-10-09; 96-843, eff. 6-1-10;

17 96-1000, eff. 7-2-10.)

18 Section 50. The Southern Illinois University Management

19 Act is amended by changing Section 8e as follows:

20 (110 ILCS 520/8e) (from Ch. 144, par. 658e)

21 Sec. 8e. Admissions.

22 (a) Commencing in the fall of 1993, no new student shall

23 then or thereafter be admitted to instruction in any of the

24 departments or colleges of the University unless such student

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1 also has satisfactorily completed:

2 (1) at least 15 units of high school coursework from

3 the following 5 categories:

4 (A) 4 years of English (emphasizing written and

5 oral communications and literature), of which up to 2

6 years may be collegiate level instruction;

7 (B) 3 years of social studies (emphasizing history

8 and government);

9 (C) 3 years of mathematics (introductory through

10 advanced algebra, geometry, trigonometry, or

11 fundamentals of computer programming);

12 (D) 3 years of science (laboratory sciences); and

13 (E) 2 years of electives in foreign language (which

14 may be deemed to include American Sign Language),

15 music, vocational education or art;

16 (2) except that institutions may admit individual

17 applicants if the institution determines through

18 assessment or through evaluation based on learning

19 outcomes of the coursework taken, including vocational

20 education courses and courses taken in a charter school

21 established under Article 27A of the School Code, that the

22 applicant demonstrates knowledge and skills substantially

23 equivalent to the knowledge and skills expected to be

24 acquired in the high school courses required for admission.

25 The Board of Trustees of Southern Illinois University shall

26 not discriminate in the University's admissions process

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1 against an applicant for admission because of the

2 applicant's enrollment in a charter school established

3 under Article 27A of the School Code. Institutions may also

4 admit 1) applicants who did not have an opportunity to

5 complete the minimum college preparatory curriculum in

6 high school, and 2) educationally disadvantaged applicants

7 who are admitted to the formal organized special assistance

8 programs that are tailored to the needs of such students,

9 providing that in either case, the institution

10 incorporates in the applicant's baccalaureate curriculum

11 courses or other academic activities that compensate for

12 course deficiencies; and

13 (3) except that up to 3 of 15 units of coursework

14 required by paragraph (1) of this subsection may be

15 distributed by deducting no more than one unit each from

16 the categories of social studies, mathematics, sciences

17 and electives and completing those 3 units in any of the 5

18 categories of coursework described in paragraph (1).

19 (b) When allocating funds, local boards of education shall

20 recognize their obligation to their students to offer the

21 coursework required by subsection (a).

22 (c) A student who has graduated from high school and has

23 scored within the University's accepted range on the ACT or SAT

24 shall not be required to take a high school equivalency test

25 ~~the high school level General Educational Development (GED)~~

26 ~~Test~~as a prerequisite to admission.

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1 (Source: P.A. 96-843, eff. 6-1-10; 96-1000, eff. 7-2-10.)

2 Section 55. The Chicago State University Law is amended by

3 changing Section 5-85 as follows:

4 (110 ILCS 660/5-85)

5 Sec. 5-85. Admission requirements.

6 (a) No new student shall be admitted to instruction in any

7 of the departments or colleges of the Chicago State University

8 unless such student also has satisfactorily completed:

9 (1) at least 15 units of high school coursework from

10 the following 5 categories:

11 (A) 4 years of English (emphasizing written and

12 oral communications and literature), of which up to 2

13 years may be collegiate level instruction;

14 (B) 3 years of social studies (emphasizing history

15 and government);

16 (C) 3 years of mathematics (introductory through

17 advanced algebra, geometry, trigonometry, or

18 fundamentals of computer programming);

19 (D) 3 years of science (laboratory sciences); and

20 (E) 2 years of electives in foreign language (which

21 may be deemed to include American Sign Language),

22 music, vocational education or art;

23 (2) except that Chicago State University may admit

24 individual applicants if it determines through assessment

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1 or through evaluation based on learning outcomes of the

2 coursework taken, including vocational education courses

3 and courses taken in a charter school established under

4 Article 27A of the School Code, that the applicant

5 demonstrates knowledge and skills substantially equivalent

6 to the knowledge and skills expected to be acquired in the

7 high school courses required for admission. The Board of

8 Trustees of Chicago State University shall not

9 discriminate in the University's admissions process

10 against an applicant for admission because of the

11 applicant's enrollment in a charter school established

12 under Article 27A of the School Code. Chicago State

13 University may also admit (i) applicants who did not have

14 an opportunity to complete the minimum college preparatory

15 curriculum in high school, and (ii) educationally

16 disadvantaged applicants who are admitted to the formal

17 organized special assistance programs that are tailored to

18 the needs of such students, providing that in either case,

19 the institution incorporates in the applicant's

20 baccalaureate curriculum courses or other academic

21 activities that compensate for course deficiencies; and

22 (3) except that up to 3 of 15 units of coursework

23 required by paragraph (1) of this subsection may be

24 distributed by deducting no more than one unit each from

25 the categories of social studies, mathematics, sciences

26 and electives and completing those 3 units in any of the 5

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1 categories of coursework described in paragraph (1).

2 (b) When allocating funds, local boards of education shall

3 recognize their obligation to their students to offer the

4 coursework required by subsection (a).

5 (c) A student who has graduated from high school and has

6 scored within the University's accepted range on the ACT or SAT

7 shall not be required to take a high school equivalency test

8 ~~the high school level General Educational Development (GED)~~

9 ~~Test~~as a prerequisite to admission.

10 (Source: P.A. 96-843, eff. 6-1-10; 96-1000, eff. 7-2-10.)

11 Section 60. The Eastern Illinois University Law is amended

12 by changing Section 10-85 as follows:

13 (110 ILCS 665/10-85)

14 Sec. 10-85. Admission requirements.

15 (a) No new student shall be admitted to instruction in any

16 of the departments or colleges of the Eastern Illinois

17 University unless such student also has satisfactorily

18 completed:

19 (1) at least 15 units of high school coursework from

20 the following 5 categories:

21 (A) 4 years of English (emphasizing written and

22 oral communications and literature), of which up to 2

23 years may be collegiate level instruction;

24 (B) 3 years of social studies (emphasizing history

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1 and government);

2 (C) 3 years of mathematics (introductory through

3 advanced algebra, geometry, trigonometry, or

4 fundamentals of computer programming);

5 (D) 3 years of science (laboratory sciences); and

6 (E) 2 years of electives in foreign language (which

7 may be deemed to include American Sign Language),

8 music, vocational education or art;

9 (2) except that Eastern Illinois University may admit

10 individual applicants if it determines through assessment

11 or through evaluation based on learning outcomes of the

12 coursework taken, including vocational education courses

13 and courses taken in a charter school established under

14 Article 27A of the School Code, that the applicant

15 demonstrates knowledge and skills substantially equivalent

16 to the knowledge and skills expected to be acquired in the

17 high school courses required for admission. The Board of

18 Trustees of Eastern Illinois University shall not

19 discriminate in the University's admissions process

20 against an applicant for admission because of the

21 applicant's enrollment in a charter school established

22 under Article 27A of the School Code. Eastern Illinois

23 University may also admit (i) applicants who did not have

24 an opportunity to complete the minimum college preparatory

25 curriculum in high school, and (ii) educationally

26 disadvantaged applicants who are admitted to the formal

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1 organized special assistance programs that are tailored to

2 the needs of such students, providing that in either case,

3 the institution incorporates in the applicant's

4 baccalaureate curriculum courses or other academic

5 activities that compensate for course deficiencies; and

6 (3) except that up to 3 of 15 units of coursework

7 required by paragraph (1) of this subsection may be

8 distributed by deducting no more than one unit each from

9 the categories of social studies, mathematics, sciences

10 and electives and completing those 3 units in any of the 5

11 categories of coursework described in paragraph (1).

12 (b) When allocating funds, local boards of education shall

13 recognize their obligation to their students to offer the

14 coursework required by subsection (a).

15 (c) A student who has graduated from high school and has

16 scored within the University's accepted range on the ACT or SAT

17 shall not be required to take a high school equivalency test

18 ~~the high school level General Educational Development (GED)~~

19 ~~Test~~as a prerequisite to admission.

20 (Source: P.A. 96-843, eff. 6-1-10; 96-1000, eff. 7-2-10.)

21 Section 65. The Governors State University Law is amended

22 by changing Section 15-85 as follows:

23 (110 ILCS 670/15-85)

24 Sec. 15-85. Admission requirements.

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1 (a) No new student shall be admitted to instruction in any

2 of the departments or colleges of the Governors State

3 University unless such student also has satisfactorily

4 completed:

5 (1) at least 15 units of high school coursework from

6 the following 5 categories:

7 (A) 4 years of English (emphasizing written and

8 oral communications and literature), of which up to 2

9 years may be collegiate level instruction;

10 (B) 3 years of social studies (emphasizing history

11 and government);

12 (C) 3 years of mathematics (introductory through

13 advanced algebra, geometry, trigonometry, or

14 fundamentals of computer programming);

15 (D) 3 years of science (laboratory sciences); and

16 (E) 2 years of electives in foreign language (which

17 may be deemed to include American Sign Language),

18 music, vocational education or art;

19 (2) except that Governors State University may admit

20 individual applicants if it determines through assessment

21 or through evaluation based on learning outcomes of the

22 coursework taken, including vocational education courses

23 and courses taken in a charter school established under

24 Article 27A of the School Code, that the applicant

25 demonstrates knowledge and skills substantially equivalent

26 to the knowledge and skills expected to be acquired in the

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1 high school courses required for admission. The Board of

2 Trustees of Governors State University shall not

3 discriminate in the University's admissions process

4 against an applicant for admission because of the

5 applicant's enrollment in a charter school established

6 under Article 27A of the School Code. Governors State

7 University may also admit (i) applicants who did not have

8 an opportunity to complete the minimum college preparatory

9 curriculum in high school, and (ii) educationally

10 disadvantaged applicants who are admitted to the formal

11 organized special assistance programs that are tailored to

12 the needs of such students, providing that in either case,

13 the institution incorporates in the applicant's

14 baccalaureate curriculum courses or other academic

15 activities that compensate for course deficiencies; and

16 (3) except that up to 3 of 15 units of coursework

17 required by paragraph (1) of this subsection may be

18 distributed by deducting no more than one unit each from

19 the categories of social studies, mathematics, sciences

20 and electives and completing those 3 units in any of the 5

21 categories of coursework described in paragraph (1).

22 (b) When allocating funds, local boards of education shall

23 recognize their obligation to their students to offer the

24 coursework required by subsection (a).

25 (c) A student who has graduated from high school and has

26 scored within the University's accepted range on the ACT or SAT

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1 shall not be required to take a high school equivalency test

2 ~~the high school level General Educational Development (GED)~~

3 ~~Test~~as a prerequisite to admission.

4 (Source: P.A. 96-843, eff. 6-1-10; 96-1000, eff. 7-2-10.)

5 Section 70. The Illinois State University Law is amended by

6 changing Section 20-85 as follows:

7 (110 ILCS 675/20-85)

8 Sec. 20-85. Admission requirements.

9 (a) No new student shall be admitted to instruction in any

10 of the departments or colleges of the Illinois State University

11 unless such student also has satisfactorily completed:

12 (1) at least 15 units of high school coursework from

13 the following 5 categories:

14 (A) 4 years of English (emphasizing written and

15 oral communications and literature), of which up to 2

16 years may be collegiate level instruction;

17 (B) 3 years of social studies (emphasizing history

18 and government);

19 (C) 3 years of mathematics (introductory through

20 advanced algebra, geometry, trigonometry, or

21 fundamentals of computer programming);

22 (D) 3 years of science (laboratory sciences); and

23 (E) 2 years of electives in foreign language (which

24 may be deemed to include American Sign Language),

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1 music, vocational education or art;

2 (2) except that Illinois State University may admit

3 individual applicants if it determines through assessment

4 or through evaluation based on learning outcomes of the

5 coursework taken, including vocational education courses

6 and courses taken in a charter school established under

7 Article 27A of the School Code, that the applicant

8 demonstrates knowledge and skills substantially equivalent

9 to the knowledge and skills expected to be acquired in the

10 high school courses required for admission. The Board of

11 Trustees of Illinois State University shall not

12 discriminate in the University's admissions process

13 against an applicant for admission because of the

14 applicant's enrollment in a charter school established

15 under Article 27A of the School Code. Illinois State

16 University may also admit (i) applicants who did not have

17 an opportunity to complete the minimum college preparatory

18 curriculum in high school, and (ii) educationally

19 disadvantaged applicants who are admitted to the formal

20 organized special assistance programs that are tailored to

21 the needs of such students, providing that in either case,

22 the institution incorporates in the applicant's

23 baccalaureate curriculum courses or other academic

24 activities that compensate for course deficiencies; and

25 (3) except that up to 3 of 15 units of coursework

26 required by paragraph (1) of this subsection may be

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1 distributed by deducting no more than one unit each from

2 the categories of social studies, mathematics, sciences

3 and electives and completing those 3 units in any of the 5

4 categories of coursework described in paragraph (1).

5 (b) When allocating funds, local boards of education shall

6 recognize their obligation to their students to offer the

7 coursework required by subsection (a).

8 (c) A student who has graduated from high school and has

9 scored within the University's accepted range on the ACT or SAT

10 shall not be required to take a high school equivalency test

11 ~~the high school level General Educational Development (GED)~~

12 ~~Test~~as a prerequisite to admission.

13 (Source: P.A. 96-843, eff. 6-1-10; 96-1000, eff. 7-2-10.)

14 Section 75. The Northeastern Illinois University Law is

15 amended by changing Section 25-85 as follows:

16 (110 ILCS 680/25-85)

17 Sec. 25-85. Admission requirements.

18 (a) No new student shall be admitted to instruction in any

19 of the departments or colleges of the Northeastern Illinois

20 University unless such student also has satisfactorily

21 completed:

22 (1) at least 15 units of high school coursework from

23 the following 5 categories:

24 (A) 4 years of English (emphasizing written and

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1 oral communications and literature), of which up to 2

2 years may be collegiate level instruction;

3 (B) 3 years of social studies (emphasizing history

4 and government);

5 (C) 3 years of mathematics (introductory through

6 advanced algebra, geometry, trigonometry, or

7 fundamentals of computer programming);

8 (D) 3 years of science (laboratory sciences); and

9 (E) 2 years of electives in foreign language (which

10 may be deemed to include American Sign Language),

11 music, vocational education or art;

12 (2) except that Northeastern Illinois University may

13 admit individual applicants if it determines through

14 assessment or through evaluation based on learning

15 outcomes of the coursework taken, including vocational

16 education courses and courses taken in a charter school

17 established under Article 27A of the School Code, that the

18 applicant demonstrates knowledge and skills substantially

19 equivalent to the knowledge and skills expected to be

20 acquired in the high school courses required for admission.

21 The Board of Trustees of Northeastern Illinois University

22 shall not discriminate in the University's admissions

23 process against an applicant for admission because of the

24 applicant's enrollment in a charter school established

25 under Article 27A of the School Code. Northeastern Illinois

26 University may also admit (i) applicants who did not have

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1 an opportunity to complete the minimum college preparatory

2 curriculum in high school, and (ii) educationally

3 disadvantaged applicants who are admitted to the formal

4 organized special assistance programs that are tailored to

5 the needs of such students, providing that in either case,

6 the institution incorporates in the applicant's

7 baccalaureate curriculum courses or other academic

8 activities that compensate for course deficiencies; and

9 (3) except that up to 3 of 15 units of coursework

10 required by paragraph (1) of this subsection may be

11 distributed by deducting no more than one unit each from

12 the categories of social studies, mathematics, sciences

13 and electives and completing those 3 units in any of the 5

14 categories of coursework described in paragraph (1).

15 (b) When allocating funds, local boards of education shall

16 recognize their obligation to their students to offer the

17 coursework required by subsection (a).

18 (c) A student who has graduated from high school and has

19 scored within the University's accepted range on the ACT or SAT

20 shall not be required to take a high school equivalency test

21 ~~the high school level General Educational Development (GED)~~

22 ~~Test~~as a prerequisite to admission.

23 (Source: P.A. 96-843, eff. 6-1-10; 96-1000, eff. 7-2-10.)

24 Section 80. The Northern Illinois University Law is amended

25 by changing Section 30-85 as follows:

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1 (110 ILCS 685/30-85)

2 Sec. 30-85. Admission requirements.

3 (a) No new student shall be admitted to instruction in any

4 of the departments or colleges of the Northern Illinois

5 University unless such student also has satisfactorily

6 completed:

7 (1) at least 15 units of high school coursework from

8 the following 5 categories:

9 (A) 4 years of English (emphasizing written and

10 oral communications and literature), of which up to 2

11 years may be collegiate level instruction;

12 (B) 3 years of social studies (emphasizing history

13 and government);

14 (C) 3 years of mathematics (introductory through

15 advanced algebra, geometry, trigonometry, or

16 fundamentals of computer programming);

17 (D) 3 years of science (laboratory sciences); and

18 (E) 2 years of electives in foreign language (which

19 may be deemed to include American Sign Language),

20 music, vocational education or art;

21 (2) except that Northern Illinois University may admit

22 individual applicants if it determines through assessment

23 or through evaluation based on learning outcomes of the

24 coursework taken, including vocational education courses

25 and courses taken in a charter school established under

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1 Article 27A of the School Code, that the applicant

2 demonstrates knowledge and skills substantially equivalent

3 to the knowledge and skills expected to be acquired in the

4 high school courses required for admission. The Board of

5 Trustees of Northern Illinois University shall not

6 discriminate in the University's admissions process

7 against an applicant for admission because of the

8 applicant's enrollment in a charter school established

9 under Article 27A of the School Code. Northern Illinois

10 University may also admit (i) applicants who did not have

11 an opportunity to complete the minimum college preparatory

12 curriculum in high school, and (ii) educationally

13 disadvantaged applicants who are admitted to the formal

14 organized special assistance programs that are tailored to

15 the needs of such students, providing that in either case,

16 the institution incorporates in the applicant's

17 baccalaureate curriculum courses or other academic

18 activities that compensate for course deficiencies; and

19 (3) except that up to 3 of 15 units of coursework

20 required by paragraph (1) of this subsection may be

21 distributed by deducting no more than one unit each from

22 the categories of social studies, mathematics, sciences

23 and electives and completing those 3 units in any of the 5

24 categories of coursework described in paragraph (1).

25 (b) When allocating funds, local boards of education shall

26 recognize their obligation to their students to offer the

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1 coursework required by subsection (a).

2 (c) A student who has graduated from high school and has

3 scored within the University's accepted range on the ACT or SAT

4 shall not be required to take a high school equivalency test

5 ~~the high school level General Educational Development (GED)~~

6 ~~Test~~as a prerequisite to admission.

7 (Source: P.A. 96-843, eff. 6-1-10; 96-1000, eff. 7-2-10.)

8 Section 85. The Western Illinois University Law is amended

9 by changing Section 35-85 as follows:

10 (110 ILCS 690/35-85)

11 Sec. 35-85. Admission requirements.

12 (a) No new student shall be admitted to instruction in any

13 of the departments or colleges of the Western Illinois

14 University unless such student also has satisfactorily

15 completed:

16 (1) at least 15 units of high school coursework from

17 the following 5 categories:

18 (A) 4 years of English (emphasizing written and

19 oral communications and literature), of which up to 2

20 years may be collegiate level instruction;

21 (B) 3 years of social studies (emphasizing history

22 and government);

23 (C) 3 years of mathematics (introductory through

24 advanced algebra, geometry, trigonometry, or

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1 fundamentals of computer programming);

2 (D) 3 years of science (laboratory sciences); and

3 (E) 2 years of electives in foreign language (which

4 may be deemed to include American Sign Language),

5 music, vocational education or art;

6 (2) except that Western Illinois University may admit

7 individual applicants if it determines through assessment

8 or through evaluation based on learning outcomes of the

9 coursework taken, including vocational education courses

10 and courses taken in a charter school established under

11 Article 27A of the School Code, that the applicant

12 demonstrates knowledge and skills substantially equivalent

13 to the knowledge and skills expected to be acquired in the

14 high school courses required for admission. The Board of

15 Trustees of Western Illinois University shall not

16 discriminate in the University's admissions process

17 against an applicant for admission because of the

18 applicant's enrollment in a charter school established

19 under Article 27A of the School Code. Western Illinois

20 University may also admit (i) applicants who did not have

21 an opportunity to complete the minimum college preparatory

22 curriculum in high school, and (ii) educationally

23 disadvantaged applicants who are admitted to the formal

24 organized special assistance programs that are tailored to

25 the needs of such students, providing that in either case,

26 the institution incorporates in the applicant's

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1 baccalaureate curriculum courses or other academic

2 activities that compensate for course deficiencies; and

3 (3) except that up to 3 of 15 units of coursework

4 required by paragraph (1) of this subsection may be

5 distributed by deducting no more than one unit each from

6 the categories of social studies, mathematics, sciences

7 and electives and completing those 3 units in any of the 5

8 categories of coursework described in paragraph (1).

9 (b) When allocating funds, local boards of education shall

10 recognize their obligation to their students to offer the

11 coursework required by subsection (a).

12 (c) A student who has graduated from high school and has

13 scored within the University's accepted range on the ACT or SAT

14 shall not be required to take a high school equivalency test

15 ~~the high school level General Educational Development (GED)~~

16 ~~Test~~as a prerequisite to admission.

17 (Source: P.A. 96-843, eff. 6-1-10; 96-1000, eff. 7-2-10.)

18 Section 90. The Public Community College Act is amended by

19 changing Sections 2-12 and 3-17 as follows:

20 (110 ILCS 805/2-12) (from Ch. 122, par. 102-12)

21 Sec. 2-12. The State Board shall have the power and it

22 shall be its duty:

23 (a) To provide statewide planning for community colleges as

24 institutions of higher education and co-ordinate the programs,

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1 services and activities of all community colleges in the State

2 so as to encourage and establish a system of locally initiated

3 and administered comprehensive community colleges.

4 (b) To organize and conduct feasibility surveys for new

5 community colleges or for the inclusion of existing

6 institutions as community colleges and the locating of new

7 institutions.

8 (c) To approve all locally funded capital projects for

9 which no State monies are required, in accordance with

10 standards established by rule.

11 (d) To cooperate with the community colleges in continuing

12 studies of student characteristics, admission standards,

13 grading policies, performance of transfer students,

14 qualification and certification of facilities and any other

15 problem of community college education.

16 (e) To enter into contracts with other governmental

17 agencies and eligible providers, such as local educational

18 agencies, community-based organizations of demonstrated

19 effectiveness, volunteer literacy organizations of

20 demonstrated effectiveness, institutions of higher education,

21 public and private nonprofit agencies, libraries, and public

22 housing authorities; to accept federal funds and to plan with

23 other State agencies when appropriate for the allocation of

24 such federal funds for instructional programs and student

25 services including such funds for adult education and adult

26 literacy, vocational and technical education, and retraining

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1 as may be allocated by state and federal agencies for the aid

2 of community colleges. To receive, receipt for, hold in trust,

3 expend and administer, for all purposes of this Act, funds and

4 other aid made available by the federal government or by other

5 agencies public or private, subject to appropriation by the

6 General Assembly. The changes to this subdivision (e) made by

7 this amendatory Act of the 91st General Assembly apply on and

8 after July 1, 2001.

9 (f) To determine efficient and adequate standards for

10 community colleges for the physical plant, heating, lighting,

11 ventilation, sanitation, safety, equipment and supplies,

12 instruction and teaching, curriculum, library, operation,

13 maintenance, administration and supervision, and to grant

14 recognition certificates to community colleges meeting such

15 standards.

16 (g) To determine the standards for establishment of

17 community colleges and the proper location of the site in

18 relation to existing institutions of higher education offering

19 academic, occupational and technical training curricula,

20 possible enrollment, assessed valuation, industrial, business,

21 agricultural, and other conditions reflecting educational

22 needs in the area to be served; however, no community college

23 may be considered as being recognized nor may the establishment

24 of any community college be authorized in any district which

25 shall be deemed inadequate for the maintenance, in accordance

26 with the desirable standards thus determined, of a community

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1 college offering the basic subjects of general education and

2 suitable vocational and semiprofessional and technical

3 curricula.

4 (h) To approve or disapprove new units of instruction,

5 research or public service as defined in Section 3-25.1 of this

6 Act submitted by the boards of trustees of the respective

7 community college districts of this State. The State Board may

8 discontinue programs which fail to reflect the educational

9 needs of the area being served. The community college district

10 shall be granted 60 days following the State Board staff

11 recommendation and prior to the State Board's action to respond

12 to concerns regarding the program in question. If the State

13 Board acts to abolish a community college program, the

14 community college district has a right to appeal the decision

15 in accordance with administrative rules promulgated by the

16 State Board under the provisions of the Illinois Administrative

17 Procedure Act.

18 (i) To participate in, to recommend approval or

19 disapproval, and to assist in the coordination of the programs

20 of community colleges participating in programs of

21 interinstitutional cooperation with other public or nonpublic

22 institutions of higher education. If the State Board does not

23 approve a particular cooperative agreement, the community

24 college district has a right to appeal the decision in

25 accordance with administrative rules promulgated by the State

26 Board under the provisions of the Illinois Administrative

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1 Procedure Act.

2 (j) To establish guidelines regarding sabbatical leaves.

3 (k) To establish guidelines for the admission into special,

4 appropriate programs conducted or created by community

5 colleges for elementary and secondary school dropouts who have

6 received truant status from the school districts of this State

7 in compliance with Section 26-14 of The School Code.

8 (l) The Community College Board shall conduct a study of

9 community college teacher education courses to determine how

10 the community college system can increase its participation in

11 the preparation of elementary and secondary teachers.

12 (m) To establish by July 1, 1997 uniform financial

13 accounting and reporting standards and principles for

14 community colleges and develop procedures and systems for

15 community colleges for reporting financial data to the State

16 Board.

17 (n) To create and participate in the conduct and operation

18 of any corporation, joint venture, partnership, association,

19 or other organizational entity that has the power: (i) to

20 acquire land, buildings, and other capital equipment for the

21 use and benefit of the community colleges or their students;

22 (ii) to accept gifts and make grants for the use and benefit of

23 the community colleges or their students; (iii) to aid in the

24 instruction and education of students of community colleges;

25 and (iv) to promote activities to acquaint members of the

26 community with the facilities of the various community

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1 colleges.

2 (o) On and after July 1, 2001, to ensure the effective

3 teaching of adults and to prepare them for success in

4 employment and lifelong learning by administering a network of

5 providers, programs, and services to provide adult basic

6 education, adult secondary and high school equivalency testing

7 education ~~secondary/general education development~~, English as

8 a second language, and any other instruction designed to

9 prepare adult students to function successfully in society and

10 to experience success in postsecondary education and the world

11 of work.

12 (p) On and after July 1, 2001, to supervise the

13 administration of adult education and adult literacy programs,

14 to establish the standards for such courses of instruction and

15 supervise the administration thereof, to contract with other

16 State and local agencies and eligible providers, such as local

17 educational agencies, community-based organizations of

18 demonstrated effectiveness, volunteer literacy organizations

19 of demonstrated effectiveness, institutions of higher

20 education, public and private nonprofit agencies, libraries,

21 and public housing authorities, for the purpose of promoting

22 and establishing classes for instruction under these programs,

23 to contract with other State and local agencies to accept and

24 expend appropriations for educational purposes to reimburse

25 local eligible providers for the cost of these programs, and to

26 establish an advisory council consisting of all categories of

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1 eligible providers; agency partners, such as the State Board of

2 Education, the Department of Human Services, the Department of

3 Employment Security, and the Secretary of State literacy

4 program; and other stakeholders to identify, deliberate, and

5 make recommendations to the State Board on adult education

6 policy and priorities. The State Board shall support statewide

7 geographic distribution; diversity of eligible providers; and

8 the adequacy, stability, and predictability of funding so as

9 not to disrupt or diminish, but rather to enhance, adult

10 education by this change of administration.

11 (Source: P.A. 94-1105, eff. 6-1-07.)

12 (110 ILCS 805/3-17) (from Ch. 122, par. 103-17)

13 Sec. 3-17. The community college districts shall admit all

14 students qualified to complete any one of their programs

15 including general education, transfer, occupational,

16 technical, and terminal, as long as space for effective

17 instruction is available. After entry, the college shall

18 counsel and distribute the students among its programs

19 according to their interests and abilities. Students allowed

20 entry in college transfer programs must have ability and

21 competence similar to that possessed by students admitted to

22 state universities for similar programs. Entry level

23 competence to such college transfer programs may be achieved

24 through successful completion of other preparatory courses

25 offered by the college. If space is not available for all

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1 students applying, the community college will accept those best

2 qualified, using rank in class and ability and achievement

3 tests as guides, and shall give preference to students residing

4 in the district unless the district has entered into a

5 contractual agreement for the mutual exchange of students with

6 another community college district, in which case, equal

7 enrollment preference may be granted to students residing in

8 such contracting districts.

9 A student who has graduated from high school and has scored

10 within the community college's accepted range on the ACT or SAT

11 shall not be required to takea high school equivalency test

12 ~~the high school level General Educational Development (GED)~~

13 ~~Test~~as a prerequisite to admission.

14 (Source: P.A. 91-374, eff. 7-30-99.)

15 Section 95. The Higher Education Student Assistance Act is

16 amended by changing Sections 50 and 52 as follows:

17 (110 ILCS 947/50)

18 Sec. 50. Minority Teachers of Illinois scholarship

19 program.

20 (a) As used in this Section:

21 "Eligible applicant" means a minority student who has

22 graduated from high school or has received ahigh school

23 equivalency certificate~~General Educational Development~~

24 ~~Certification~~and has maintained a cumulative grade point

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

2 reason thereof is entitled to apply for scholarships to be

3 awarded under this Section.

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

5 following:

6 (1) American Indian or Alaska Native (a person

7 having origins in any of the original peoples of North

8 and South America, including Central America, and who

9 maintains tribal affiliation or community attachment).

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

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

12 the Indian subcontinent, including, but not limited

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

14 Pakistan, the Philippine Islands, Thailand, and

15 Vietnam).

16 (3) Black or African American (a person having

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

18 Terms such as "Haitian" or "Negro" can be used in

19 addition to "Black or African American".

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

21 Puerto Rican, South or Central American, or other

22 Spanish culture or origin, regardless of race).

23 (5) Native Hawaiian or Other Pacific Islander (a

24 person having origins in any of the original peoples of

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

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

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1 resident of this State and a citizen or permanent resident

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

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

4 applicant, has made a timely application for a minority

5 teaching scholarship under this Section; (iv) who is

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

7 Illinois institution of higher learning; (v) who is

8 enrolled in a course of study leading to teacher

9 certification, including alternative teacher

10 certification; (vi) who maintains a grade point average of

11 no less than 2.5 on a 4.0 scale; and (vii) who continues to

12 advance satisfactorily toward the attainment of a degree.

13 (b) In order to encourage academically talented Illinois

14 minority students to pursue teaching careers at the preschool

15 or elementary or secondary school level, each qualified student

16 shall be awarded a minority teacher scholarship to any

17 qualified Illinois institution of higher learning. However,

18 preference may be given to qualified applicants enrolled at or

19 above the junior level.

20 (c) Each minority teacher scholarship awarded under this

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

22 fees and room and board costs of the qualified Illinois

23 institution of higher learning at which the recipient is

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

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

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

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1 scholarship shall be sufficient to pay tuition and fee expenses

2 and a commuter allowance, up to an annual maximum of $5,000.

3 (d) The total amount of minority teacher scholarship

4 assistance awarded by the Commission under this Section to an

5 individual in any given fiscal year, when added to other

6 financial assistance awarded to that individual for that year,

7 shall not exceed the cost of attendance at the institution at

8 which the student is enrolled. If the amount of minority

9 teacher scholarship to be awarded to a qualified student as

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

11 attendance at the institution at which the student is enrolled,

12 the minority teacher scholarship shall be reduced by an amount

13 equal to the amount by which the combined financial assistance

14 available to the student exceeds the cost of attendance.

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

16 qualified student can receive minority teacher scholarship

17 assistance shall be 8 semesters or 12 quarters.

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

19 under this Section accepts financial assistance through the

20 Paul Douglas Teacher Scholarship Program, as authorized by

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

22 applicant shall not be eligible for scholarship assistance

23 awarded under this Section.

24 (g) All applications for minority teacher scholarships to

25 be awarded under this Section shall be made to the Commission

26 on forms which the Commission shall provide for eligible

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1 applicants. The form of applications and the information

2 required to be set forth therein shall be determined by the

3 Commission, and the Commission shall require eligible

4 applicants to submit with their applications such supporting

5 documents or recommendations as the Commission deems

6 necessary.

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

8 payment of any minority teacher scholarship awarded under this

9 Section shall be determined by the Commission. All scholarship

10 funds distributed in accordance with this subsection shall be

11 paid to the institution and used only for payment of the

12 tuition and fee and room and board expenses incurred by the

13 student in connection with his or her attendance as an

14 undergraduate student at a qualified Illinois institution of

15 higher learning. Any minority teacher scholarship awarded

16 under this Section shall be applicable to 2 semesters or 3

17 quarters of enrollment. If a qualified student withdraws from

18 enrollment prior to completion of the first semester or quarter

19 for which the minority teacher scholarship is applicable, the

20 school shall refund to the Commission the full amount of the

21 minority teacher scholarship.

22 (i) The Commission shall administer the minority teacher

23 scholarship aid program established by this Section and shall

24 make all necessary and proper rules not inconsistent with this

25 Section for its effective implementation.

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

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1 fiscal year is insufficient to provide scholarships to all

2 qualified students, the Commission shall allocate the

3 appropriation in accordance with this subsection. If funds are

4 insufficient to provide all qualified students with a

5 scholarship as authorized by this Section, the Commission shall

6 allocate the available scholarship funds for that fiscal year

7 on the basis of the date the Commission receives a complete

8 application form.

9 (k) Notwithstanding the provisions of subsection (j) or any

10 other provision of this Section, at least 30% of the funds

11 appropriated for scholarships awarded under this Section in

12 each fiscal year shall be reserved for qualified male minority

13 applicants. If the Commission does not receive enough

14 applications from qualified male minorities on or before

15 January 1 of each fiscal year to award 30% of the funds

16 appropriated for these scholarships to qualified male minority

17 applicants, then the Commission may award a portion of the

18 reserved funds to qualified female minority applicants.

19 (l) Prior to receiving scholarship assistance for any

20 academic year, each recipient of a minority teacher scholarship

21 awarded under this Section shall be required by the Commission

22 to sign an agreement under which the recipient pledges that,

23 within the one-year period following the termination of the

24 program for which the recipient was awarded a minority teacher

25 scholarship, the recipient (i) shall begin teaching for a

26 period of not less than one year for each year of scholarship

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1 assistance he or she was awarded under this Section; and (ii)

2 shall fulfill this teaching obligation at a nonprofit Illinois

3 public, private, or parochial preschool, elementary school, or

4 secondary school at which no less than 30% of the enrolled

5 students are minority students in the year during which the

6 recipient begins teaching at the school; and (iii) shall, upon

7 request by the Commission, provide the Commission with evidence

8 that he or she is fulfilling or has fulfilled the terms of the

9 teaching agreement provided for in this subsection.

10 (m) If a recipient of a minority teacher scholarship

11 awarded under this Section fails to fulfill the teaching

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

13 Commission shall require the recipient to repay the amount of

14 the scholarships received, prorated according to the fraction

15 of the teaching obligation not completed, at a rate of interest

16 equal to 5%, and, if applicable, reasonable collection fees.

17 The Commission is authorized to establish rules relating to its

18 collection activities for repayment of scholarships under this

19 Section. All repayments collected under this Section shall be

20 forwarded to the State Comptroller for deposit into the State's

21 General Revenue Fund.

22 (n) A recipient of minority teacher scholarship shall not

23 be considered in violation of the agreement entered into

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

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

26 related to the field of teaching at a qualified Illinois

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

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

3 States; (iii) is temporarily totally disabled for a period of

4 time not to exceed 3 years as established by sworn affidavit of

5 a qualified physician; (iv) is seeking and unable to find full

6 time employment as a teacher at an Illinois public, private, or

7 parochial preschool or elementary or secondary school that

8 satisfies the criteria set forth in subsection (l) of this

9 Section and is able to provide evidence of that fact; (v)

10 becomes permanently totally disabled as established by sworn

11 affidavit of a qualified physician; (vi) is taking additional

12 courses, on at least a half-time basis, needed to obtain

13 certification as a teacher in Illinois; or (vii) is fulfilling

14 teaching requirements associated with other programs

15 administered by the Commission and cannot concurrently fulfill

16 them under this Section in a period of time equal to the length

17 of the teaching obligation.

18 (o) Scholarship recipients under this Section who withdraw

19 from a program of teacher education but remain enrolled in

20 school to continue their postsecondary studies in another

21 academic discipline shall not be required to commence repayment

22 of their Minority Teachers of Illinois scholarship so long as

23 they remain enrolled in school on a full-time basis or if they

24 can document for the Commission special circumstances that

25 warrant extension of repayment.

26 (Source: P.A. 97-396, eff. 1-1-12.)

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1 (110 ILCS 947/52)

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

3 Apple Foundation for Excellence in Teaching.

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

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

6 not-for-profit corporation.

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

8 students, especially minority students, to pursue teaching

9 careers, especially in teacher shortage disciplines (which

10 shall be defined to include early childhood education) or at

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

12 consultation with the State Board of Education), to provide

13 those students with the crucial mentoring, guidance, and

14 in-service support that will significantly increase the

15 likelihood that they will complete their full teaching

16 commitments and elect to continue teaching in targeted

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

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

19 of highly-qualified teachers, each qualified student shall be

20 awarded a Golden Apple Scholars of Illinois Program scholarship

21 to any Illinois institution of higher learning. The Commission

22 shall administer the Golden Apple Scholars of Illinois Program,

23 which shall be managed by the Foundation pursuant to the terms

24 of a grant agreement meeting the requirements of Section 4 of

25 the Illinois Grant Funds Recovery Act.

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

2 shall be a student who meets the following qualifications:

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

4 eligible noncitizen of the United States;

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

6 received a high school equivalency ~~General Educational~~

7 ~~Development~~ certificate;

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

9 basis, at an institution of higher learning;

10 (4) is pursuing a postsecondary course of study leading

11 to initial certification or pursuing additional course

12 work needed to gain State Board of Education approval to

13 teach, including alternative teacher licensure; and

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

15 approved to receive a scholarship from the Foundation.

16 (a-5) (Blank).

17 (b) (Blank).

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

19 Illinois Program shall be used by the Commission for the

20 payment of scholarship assistance under this Section or for the

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

22 Recovery Act, to the Foundation. Subject to appropriation,

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

24 annual basis and following an application for grant funds by

25 the Foundation.

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

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1 application to the Commission for grant funds an estimate of

2 the amount of scholarship assistance to be provided to

3 qualified students during the grant period. Any amount of

4 appropriated funds exceeding the estimated amount of

5 scholarship assistance may be awarded by the Commission to the

6 Foundation for management expenses expected to be incurred by

7 the Foundation in providing the mentoring, guidance, and

8 in-service supports that will increase the likelihood that

9 qualified students will complete their teaching commitments

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

11 estimate of the amount of scholarship assistance described in

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

13 required for the award of scholarship assistance to qualified

14 students, the Foundation shall be responsible for using awarded

15 grant funds to ensure all qualified students receive

16 scholarship assistance under this Section.

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

18 within the time specified in a grant agreement between the

19 Foundation and the Commission shall be returned to the

20 Commission within 45 days. Any funds legally obligated by the

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

22 otherwise returned to the Commission within 90 days after the

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

24 funds.

25 (c) Each scholarship awarded under this Section shall be in

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

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1 board costs of the Illinois institution of higher learning at

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

3 $5,000; except that in the case of a recipient who does not

4 reside on-campus at the institution of higher learning at which

5 he or she is enrolled, the amount of the scholarship shall be

6 sufficient to pay tuition and fee expenses and a commuter

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

8 funds distributed in accordance with this Section shall be paid

9 to the institution on behalf of recipients.

10 (d) The total amount of scholarship assistance awarded by

11 the Commission under this Section to an individual in any given

12 fiscal year, when added to other financial assistance awarded

13 to that individual for that year, shall not exceed the cost of

14 attendance at the institution of higher learning at which the

15 student is enrolled. In any academic year for which a qualified

16 student under this Section accepts financial assistance

17 through any other teacher scholarship program administered by

18 the Commission, a qualified student shall not be eligible for

19 scholarship assistance awarded under this Section.

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

21 quarters of scholarship assistance under this Section.

22 Scholarship funds are applicable toward 2 semesters or 3

23 quarters of enrollment each academic year.

24 (f) All applications for scholarship assistance to be

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

26 form determined by the Foundation. Each year, the Foundation

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1 shall notify the Commission of the individuals awarded

2 scholarship assistance under this Section. Each year, at least

3 30% of the Golden Apple Scholars of Illinois Program

4 scholarships shall be awarded to students residing in counties

5 having a population of less than 500,000.

6 (g) (Blank).

7 (h) The Commission shall administer the payment of

8 scholarship assistance provided through the Golden Apple

9 Scholars of Illinois Program and shall make all necessary and

10 proper rules not inconsistent with this Section for the

11 effective implementation of this Section.

12 (i) Prior to receiving scholarship assistance for any

13 academic year, each recipient of a scholarship awarded under

14 this Section shall be required by the Foundation to sign an

15 agreement under which the recipient pledges that, within the

16 2-year period following the termination of the academic program

17 for which the recipient was awarded a scholarship, the

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

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

20 nonprofit Illinois public, private, or parochial preschool or

21 an Illinois public elementary or secondary school that

22 qualifies for teacher loan cancellation under Section

23 465(a)(2)(A) of the federal Higher Education Act of 1965 (20

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

25 eligible for fulfilling the teaching commitment as designated

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

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1 Foundation, provide the Foundation with evidence that he or she

2 is fulfilling or has fulfilled the terms of the teaching

3 agreement provided for in this subsection. Upon request, the

4 Foundation shall provide evidence of teacher fulfillment to the

5 Commission.

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

7 Section fails to fulfill the teaching obligation set forth in

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

9 the recipient to repay the amount of the scholarships received,

10 prorated according to the fraction of the teaching obligation

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

12 reasonable collection fees. Payments received by the

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

14 State Comptroller for deposit into the General Revenue Fund,

15 except that that portion of a recipient's repayment that equals

16 the amount in expenses that the Commission has reasonably

17 incurred in attempting collection from that recipient shall be

18 remitted to the State Comptroller for deposit into the

19 Commission's Accounts Receivable Fund.

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

21 under this Section shall not be considered to have failed to

22 fulfill the teaching obligations of the agreement entered into

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

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

25 related to the field of teaching at an institution of higher

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

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1 the United States; (iii) is temporarily totally disabled, as

2 established by sworn affidavit of a qualified physician; (iv)

3 is seeking and unable to find full-time employment as a teacher

4 at a school that satisfies the criteria set forth in subsection

5 (i) and is able to provide evidence of that fact; (v) is taking

6 additional courses, on at least a half-time basis, needed to

7 obtain certification as a teacher in Illinois; (vi) is

8 fulfilling teaching requirements associated with other

9 programs administered by the Commission and cannot

10 concurrently fulfill them under this Section in a period of

11 time equal to the length of the teaching obligation; or (vii)

12 is participating in a program established under Executive Order

13 10924 of the President of the United States or the federal

14 National Community Service Act of 1990 (42 U.S.C. 12501 et

15 seq.). Any such extension of the period during which the

16 teaching requirement must be fulfilled shall be subject to

17 limitations of duration as established by the Commission.

18 (l) A recipient who fails to fulfill the teaching

19 obligations of the agreement entered into pursuant to

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

21 scholarship assistance awarded to them under this Section

22 within 10 years.

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

24 consultation with the Foundation, the Foundation shall submit a

25 report to assist the Commission in monitoring the Foundation's

26 performance of grant activities. The report shall describe the

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1 following:

2 (1) the Foundation's anticipated expenditures for the

3 next fiscal year;

4 (2) the number of qualified students receiving

5 scholarship assistance at each institution of higher

6 learning where a qualified student was enrolled under this

7 Section during the previous fiscal year;

8 (3) the total monetary value of scholarship funds paid

9 to each institution of higher learning at which a qualified

10 student was enrolled during the previous fiscal year;

11 (4) the number of scholarship recipients who completed

12 a baccalaureate degree during the previous fiscal year;

13 (5) the number of scholarship recipients who fulfilled

14 their teaching obligation during the previous fiscal year;

15 (6) the number of scholarship recipients who failed to

16 fulfill their teaching obligation during the previous

17 fiscal year;

18 (7) the number of scholarship recipients granted an

19 extension described in subsection (k) of this Section

20 during the previous fiscal year;

21 (8) the number of scholarship recipients required to

22 repay scholarship assistance in accordance with subsection

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

24 (9) the number of scholarship recipients who

25 successfully repaid scholarship assistance in full during

26 the previous fiscal year;

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1 (10) the number of scholarship recipients who

2 defaulted on their obligation to repay scholarship

3 assistance during the previous fiscal year;

4 (11) the amount of scholarship assistance subject to

5 collection in accordance with subsection (j) of this

6 Section at the end of the previous fiscal year;

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

8 the Comptroller in accordance with subsection (j) of this

9 Section at the end of the previous fiscal year; and

10 (13) other information that the Commission may

11 reasonably request.

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

13 Commission to collect moneys owed to it by recipients of

14 scholarship assistance through the Illinois Future Teacher

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

16 General Assembly.

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

18 the operations and finances of the Golden Apple Scholars of

19 Illinois Program. This audit shall be provided to the Governor,

20 General Assembly, and the Commission.

21 (p) The suspension of grant making authority found in

22 Section 4.2 of the Illinois Grant Funds Recovery Act shall not

23 apply to grants made pursuant to this Section.

24 (Source: P.A. 98-533, eff. 8-23-13.)

25 Section 100. The Illinois Insurance Code is amended by

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1 changing Section 500-50 as follows:

2 (215 ILCS 5/500-50)

3 (Section scheduled to be repealed on January 1, 2017)

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

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

6 qualifications of persons to be licensed as insurance producers

7 has a direct and far-reaching effect on persons seeking those

8 licenses, on insurance companies, and on the public. It is in

9 the public interest and it will further the public welfare to

10 insure that examinations for licensing do not have the effect

11 of unlawfully discriminating against applicants for licensing

12 as insurance producers on the basis of race, color, national

13 origin, or sex.

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

15 meanings given in this subsection.

16 Examination. "Examination" means the examination in each

17 line of insurance administered pursuant to Section 500-30.

18 Examinee. "Examinee" means a person who takes an

19 examination.

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

21 score is calculated.

22 Operational item. "Operational item" means a test question

23 considered in determining an examinee's score.

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

25 used for a part of an examination.

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1 Pretest item. "Pretest item" means a prospective test

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

3 performance, but is not considered in determining an examinee's

4 score.

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

6 examinees" means examinees who are American Indian or Alaska

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

8 or Native Hawaiian or Other Pacific Islander.

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

10 means the number of examinees who provided the correct answer

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

12 item.

13 Correlation. "Correlation" means a statistical measure of

14 the relationship between performance on an item and performance

15 on a part of the examination.

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

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

18 other appropriate means, the following information:

19 (1) race or ethnicity (American Indian or Alaska

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

21 Latino, Native Hawaiian or Other Pacific Islander, or

22 White);

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

24 high school diploma orhigh school equivalency certificate

25 ~~G.E.D.~~; some college, but no 4-year degree; or 4-year

26 degree or more); and

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1 (3) gender (male or female).

2 The Director must advise all examinees that they are not

3 required to provide this information, that they will not be

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

5 information provided exclusively for research and statistical

6 purposes and to improve the quality and fairness of the

7 examinations.

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

9 prepare, publicly announce, and publish an Examination Report

10 of summary statistical information relating to each

11 examination administered during the preceding calendar year.

12 Each Examination Report shall show with respect to each

13 examination:

14 (1) For all examinees combined and separately by race

15 or ethnicity, by educational level, by gender, by

16 educational level within race or ethnicity, by education

17 level within gender, and by race or ethnicity within

18 gender:

19 (A) number of examinees;

20 (B) percentage and number of examinees who passed

21 each part;

22 (C) percentage and number of examinees who passed

23 all parts;

24 (D) mean scaled scores on each part; and

25 (E) standard deviation of scaled scores on each

26 part.

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

2 African American examinees, white examinees, American

3 Indian or Alaska Native examinees, Asian examinees,

4 Hispanic or Latino examinees, and Native Hawaiian or Other

5 Pacific Islander, respectively, with a high school diploma

6 or high school equivalency certificate ~~G.E.D.~~, the

7 distribution of scaled scores on each part.

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

9 and make available on request an Item Report of summary

10 statistical information relating to each operational item on

11 each test form administered during the preceding calendar year.

12 The Item Report shall show, for each operational item, for all

13 examinees combined and separately for Black or African American

14 examinees, white examinees, American Indian or Alaska Native

15 examinees, Asian examinees, Hispanic or Latino examinees, and

16 Native Hawaiian or Other Pacific Islander, the correct-answer

17 rates and correlations.

18 The Director is not required to report separate statistical

19 information for any group or subgroup comprising fewer than 50

20 examinees.

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

22 collected under this Section, and any other relevant

23 information, for purposes of the development of new test forms.

24 The analysis shall continue the implementation of the item

25 selection methodology as recommended in the Final Report of the

26 Illinois Insurance Producer's Licensing Examination Advisory

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

2 Department unless some other methodology is determined by the

3 Director to be as effective in minimizing differences between

4 white and minority examinee pass-fail rates.

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

6 for the examinations, provided that scaled scores on test forms

7 administered after July 1, 1993, shall be made comparable to

8 scaled scores on test forms administered in 1991 by use of

9 professionally acceptable methods so as to minimize changes in

10 passing rates related to the presence or absence of or changes

11 in equating or scaling equations or methods or content

12 outlines. Each calendar year, the scaled cutoff score for each

13 part of each examination shall fluctuate by no more than the

14 standard error of measurement from the scaled cutoff score

15 employed during the preceding year.

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

17 every fourth year thereafter, the Director must release to the

18 public and make generally available one representative test

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

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

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

22 forms, answer sheets, operational items and pretest items, item

23 analyses, and other statistical analyses relating to the

24 examinations. All personal identifying information regarding

25 examinees and the content of test items must be maintained

26 confidentially as necessary for purposes of protecting the

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1 personal privacy of examinees and the maintenance of test

2 security.

3 (i) In administering the examinations, the Director must

4 make such accommodations for disabled examinees as are

5 reasonably warranted by the particular disability involved,

6 including the provision of additional time if necessary to

7 complete an examination or special assistance in taking an

8 examination.

9 (j) For the purposes of this Section:

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

11 having origins in any of the original peoples of North and

12 South America, including Central America, and who

13 maintains tribal affiliation or community attachment.

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

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

16 Indian subcontinent, including, but not limited to,

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

18 the Philippine Islands, Thailand, and Vietnam.

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

20 origins in any of the black racial groups of Africa. Terms

21 such as "Haitian" or "Negro" can be used in addition to

22 "Black or African American".

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

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

25 Spanish culture or origin, regardless of race.

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

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1 person having origins in any of the original peoples of

2 Hawaii, Guam, Samoa, or other Pacific Islands.

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

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

5 Africa.

6 (Source: P.A. 97-396, eff. 1-1-12.)

7 Section 105. The Pharmacy Practice Act is amended by

8 changing Section 9 as follows:

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

10 (Section scheduled to be repealed on January 1, 2018)

11 Sec. 9. Registration as pharmacy technician. Any person

12 shall be entitled to registration as a registered pharmacy

13 technician who is of the age of 16 or over, has not engaged in

14 conduct or behavior determined to be grounds for discipline

15 under this Act, is attending or has graduated from an

16 accredited high school or comparable school or educational

17 institution or received a high school equivalency certificate

18 ~~GED~~, and has filed a written application for registration on a

19 form to be prescribed and furnished by the Department for that

20 purpose. The Department shall issue a certificate of

21 registration as a registered pharmacy technician to any

22 applicant who has qualified as aforesaid, and such registration

23 shall be the sole authority required to assist licensed

24 pharmacists in the practice of pharmacy, under the supervision

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1 of a licensed pharmacist. A registered pharmacy technician may,

2 under the supervision of a pharmacist, assist in the practice

3 of pharmacy and perform such functions as assisting in the

4 dispensing process, offering counseling, receiving new verbal

5 prescription orders, and having prescriber contact concerning

6 prescription drug order clarification. A registered pharmacy

7 technician may not engage in patient counseling, drug regimen

8 review, or clinical conflict resolution.

9 Beginning on January 1, 2010, within 2 years after initial

10 registration as a registered technician, a pharmacy technician

11 must become certified by successfully passing the Pharmacy

12 Technician Certification Board (PTCB) examination or another

13 Board-approved pharmacy technician examination and register as

14 a certified pharmacy technician with the Department in order to

15 continue to perform pharmacy technician's duties. This

16 requirement does not apply to pharmacy technicians registered

17 prior to January 1, 2008.

18 Any person registered as a pharmacy technician who is also

19 enrolled in a first professional degree program in pharmacy in

20 a school or college of pharmacy or a department of pharmacy of

21 a university approved by the Department or has graduated from

22 such a program within the last 18 months, shall be considered a

23 "student pharmacist" and entitled to use the title "student

24 pharmacist". A student pharmacist must meet all of the

25 requirements for registration as a pharmacy technician set

26 forth in this Section excluding the requirement of

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1 certification prior to the second registration renewal and pay

2 the required pharmacy technician registration fees. A student

3 pharmacist may, under the supervision of a pharmacist, assist

4 in the practice of pharmacy and perform any and all functions

5 delegated to him or her by the pharmacist.

6 Any person seeking licensure as a pharmacist who has

7 graduated from a pharmacy program outside the United States

8 must register as a pharmacy technician and shall be considered

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

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

11 of training approved by the Board of Pharmacy described and for

12 no more than 18 months after completion of these hours. These

13 individuals are not required to become certified pharmacy

14 technicians while completing their Board approved clinical

15 training, but must become licensed as a pharmacist or become a

16 certified pharmacy technician before the second pharmacy

17 technician registration renewal following completion of the

18 Board approved clinical training.

19 The Department shall not renew the pharmacy technician

20 license of any person who has been registered as a "student

21 pharmacist" and has dropped out of or been expelled from an

22 ACPE accredited college of pharmacy, who has failed to complete

23 his or her 1,200 hours of Board approved clinical training

24 within 24 months or who has failed the pharmacist licensure

25 examination 3 times and shall require these individuals to meet

26 the requirements of and become registered a certified pharmacy

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1 technician.

2 The Department may take any action set forth in Section 30

3 of this Act with regard to registrations pursuant to this

4 Section.

5 Any person who is enrolled in a non-traditional Pharm.D.

6 program at an ACPE accredited college of pharmacy and is a

7 licensed pharmacist under the laws of another United States

8 jurisdiction shall be permitted to engage in the program of

9 practice experience required in the academic program by virtue

10 of such license. Such person shall be exempt from the

11 requirement of registration as a registered pharmacy

12 technician while engaged in the program of practice experience

13 required in the academic program.

14 An applicant for registration as a pharmacy technician may

15 assist a pharmacist in the practice of pharmacy for a period of

16 up to 60 days prior to the issuance of a certificate of

17 registration if the applicant has submitted the required fee

18 and an application for registration to the Department. The

19 applicant shall keep a copy of the submitted application on the

20 premises where the applicant is assisting in the practice of

21 pharmacy. The Department shall forward confirmation of receipt

22 of the application with start and expiration dates of practice

23 pending registration.

24 (Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)

25 Section 110. The Structural Pest Control Act is amended by

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1 changing Section 5 as follows:

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

3 (Section scheduled to be repealed on December 31, 2019)

4 Sec. 5. Certification requirements. No individual shall

5 apply any general use or restricted pesticide while engaged in

6 commercial structural pest control in this State unless

7 certified, or supervised by someone who is certified, by the

8 Department in accordance with this Section.

9 No individual shall apply any restricted pesticide while

10 engaged in non-commercial structural pest control in this State

11 unless certified, or supervised by someone who is certified, by

12 the Department in accordance with this Section. In addition,

13 any individual at any non-commercial structural pest control

14 location using general use pesticides shall comply with the

15 labeling requirements of the pesticides used at that location.

16 Each commercial structural pest control location shall be

17 required to employ at least one certified technician at each

18 location. In addition, each non-commercial structural pest

19 control location utilizing restricted pesticides shall be

20 required to employ at least one certified technician at each

21 location. Individuals who are not certified technicians may

22 work under the supervision of a certified technician employed

23 at the commercial or non-commercial location who shall be

24 responsible for their pest control activities. Any technician

25 providing supervision for the use of restricted pesticides must

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1 be certified in the sub-category for which he is providing

2 supervision.

3 A. Any individual engaging in commercial structural pest

4 control and utilizing general use pesticides shall meet the

5 following requirements:

6 1. He has a high school diploma or a high school

7 equivalency ~~GED~~ certificate;

8 2. He has filed an original application, paid the fee

9 required for examination, and successfully passed the

10 General Standards examination.

11 B. Any individual engaging in commercial or non-commercial

12 structural pest control and utilizing restricted pesticides in

13 any one of the sub-categories in Section 7 of this Act shall

14 meet the following requirements:

15 1. He has a high school diploma or a high school

16 equivalency ~~GED~~ certificate;

17 2. He has:

18 a. six months of practical experience in one or

19 more sub-categories in structural pest control; or

20 b. successfully completed a minimum of 16 semester

21 hours, or their equivalent, in entomology or related

22 fields from a recognized college or university; or

23 c. successfully completed a pest control course,

24 approved by the Department, from a recognized

25 educational institution or other entity.

26 Each applicant shall have filed an original application and

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1 paid the fee required for examination. Every applicant who

2 successfully passes the General Standards examination and at

3 least one sub-category examination shall be certified in each

4 sub-category which he has successfully passed.

5 A certified technician who wishes to be certified in

6 sub-categories for which he has not been previously certified

7 may apply for any sub-category examination provided he meets

8 the requirements set forth in this Section, files an original

9 application, and pays the fee for examination.

10 An applicant who fails to pass the General Standards

11 examination or any sub-category examination may reapply for

12 that examination, provided that he files an application and

13 pays the fee required for an original examination.

14 Re-examination applications shall be on forms prescribed by the

15 Department.

16 (Source: P.A. 87-703; reenacted by P.A. 95-786, eff. 8-7-08.)

17 Section 115. The Illinois Public Aid Code is amended by

18 changing Section 9A-9 as follows:

19 (305 ILCS 5/9A-9) (from Ch. 23, par. 9A-9)

20 Sec. 9A-9. Program Activities. The Department shall

21 establish education, training and placement activities by

22 rule. Not all of the same activities need be provided in each

23 county in the State. Such activities may include the following:

24 (a) Education (Below post secondary). In the Education

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1 (below post secondary) activity, the individual receives

2 information, referral, counseling services and support

3 services to increase the individual's employment potential.

4 Participants may be referred to testing, counseling and

5 education resources. Educational activities will include basic

6 and remedial education; English proficiency classes; high

7 school or its equivalency ~~(e.g., GED)~~or alternative education

8 at the secondary level; and with any educational program,

9 structured study time to enhance successful participation. An

10 individual's participation in an education program such as

11 literacy, basic adult education, high school equivalency

12 ~~(GED)~~, or a remedial program shall be limited to 2 years unless

13 the individual also is working or participating in a work

14 activity approved by the Illinois Department as defined by

15 rule; this requirement does not apply, however, to students

16 enrolled in high school.

17 (b) Job Skills Training (Vocational). Job Skills Training

18 is designed to increase the individual's ability to obtain and

19 maintain employment. Job Skills Training activities will

20 include vocational skill classes designed to increase a

21 participant's ability to obtain and maintain employment. Job

22 Skills Training may include certificate programs.

23 (c) Job Readiness. The job readiness activity is designed

24 to enhance the quality of the individual's level of

25 participation in the world of work while learning the necessary

26 essentials to obtain and maintain employment. This activity

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1 helps individuals gain the necessary job finding skills to help

2 them find and retain employment that will lead to economic

3 independence.

4 (d) Job Search. Job Search may be conducted individually or

5 in groups. Job Search includes the provision of counseling, job

6 seeking skills training and information dissemination. Group

7 job search may include training in a group session. Assignment

8 exclusively to job search cannot be in excess of 8 consecutive

9 weeks (or its equivalent) in any period of 12 consecutive

10 months.

11 (e) Work Experience. Work Experience assignments may be

12 with private employers or not-for-profit or public agencies in

13 the State. The Illinois Department shall provide workers'

14 compensation coverage. Participants who are not members of a

15 2-parent assistance unit may not be assigned more hours than

16 their cash grant amount plus food stamps divided by the minimum

17 wage. Private employers and not-for-profit and public agencies

18 shall not use Work Experience participants to displace regular

19 employees. Participants in Work Experience may perform work in

20 the public interest (which otherwise meets the requirements of

21 this Section) for a federal office or agency with its consent,

22 and notwithstanding the provisions of 31 U.S.C. 1342, or any

23 other provision of law, such agency may accept such services,

24 but participants shall not be considered federal employees for

25 any purpose. A participant shall be reassessed at the end of

26 assignment to Work Experience. The participant may be

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1 reassigned to Work Experience or assigned to another activity,

2 based on the reassessment.

3 (f) On the Job Training. In On the Job Training, a

4 participant is hired by a private or public employer and while

5 engaged in productive work receives training that provides

6 knowledge or skills essential to full and adequate performance

7 of the job.

8 (g) Work Supplementation. In work supplementation, the

9 Department pays a wage subsidy to an employer who hires a

10 participant. The cash grant which a participant would receive

11 if not employed is diverted and the diverted cash grant is used

12 to pay the wage subsidy.

13 (h) Post Secondary Education. Post secondary education

14 must be administered by an educational institution accredited

15 under requirements of State law.

16 (i) Self Initiated Education. Participants who are

17 attending an institution of higher education or a vocational or

18 technical program of their own choosing and who are in good

19 standing, may continue to attend and receive supportive

20 services only if the educational program is approved by the

21 Department, and is in conformity with the participant's

22 personal plan for achieving employment and self-sufficiency

23 and the participant is employed part-time, as defined by the

24 Illinois Department by rule.

25 (j) Job Development and Placement. Department staff shall

26 develop through contacts with public and private employers

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1 unsubsidized job openings for participants. Job interviews

2 will be secured for clients by the marketing of participants

3 for specific job openings. Job ready individuals may be

4 assigned to Job Development and Placement.

5 (k) Job Retention. The job retention component is designed

6 to assist participants in retaining employment. Initial

7 employment expenses and job retention services are provided.

8 The individual's support service needs are assessed and the

9 individual receives counseling regarding job retention skills.

10 (l) (Blank).

11 (l-5) Transitional Jobs. These programs provide temporary

12 wage-paying work combined with case management and other social

13 services designed to address employment barriers. The

14 wage-paying work is treated as regular employment for all

15 purposes under this Code, and the additional activities, as

16 determined by the Transitional Jobs provider, shall be

17 countable work activities. The program must comply with the

18 anti-displacement provisions of this Code governing the Work

19 Experience program.

20 (m) Pay-after-performance Program. A parent may be

21 required to participate in a pay-after-performance program in

22 which the parent must work a specified number of hours to earn

23 the grant. The program shall comply with provisions of this

24 Code governing work experience programs.

25 (n) Community Service. Community service includes unpaid

26 work that the client performs in his or her community, such as

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1 for a school, church, government agency, or nonprofit

2 organization.

3 (Source: P.A. 93-598, eff. 8-26-03.)

4 Section 120. The Firearm Concealed Carry Act is amended by

5 changing Section 80 as follows:

6 (430 ILCS 66/80)

7 Sec. 80. Certified firearms instructors.

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

9 Department shall begin approval of certified firearms

10 instructors and enter certified firearms instructors into an

11 online registry on the Department's website.

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

13 shall not teach applicant training courses or advertise or

14 otherwise represent courses they teach as qualifying their

15 students to meet the requirements to receive a license under

16 this Act. Each violation of this subsection is a business

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

18 (c) A person seeking to become a certified firearms

19 instructor shall:

20 (1) be at least 21 years of age;

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

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

23 except for the Illinois residency requirement in item (xiv)

24 of paragraph (2) of subsection (a) of Section 4 of the

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1 Firearm Owners Identification Card Act; and any additional

2 uniformly applied requirements established by the

3 Department.

4 (d) A person seeking to become a certified firearms

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

6 of this Section, shall:

7 (1) possess a high school diploma or high school

8 equivalency ~~GED~~ certificate; and

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

10 instructor certifications:

11 (A) certification from a law enforcement agency;

12 (B) certification from a firearm instructor course

13 offered by a State or federal governmental agency;

14 (C) certification from a firearm instructor

15 qualification course offered by the Illinois Law

16 Enforcement Training Standards Board; or

17 (D) certification from an entity approved by the

18 Department that offers firearm instructor education

19 and training in the use and safety of firearms.

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

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

22 requirements to obtain a license under this Act, provides false

23 or misleading information to the Department, or has had a prior

24 instructor certification revoked or denied by the Department.

25 (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)

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1 Section 125. The Illinois Vehicle Code is amended by

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

3 (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)

4 Sec. 6-107. Graduated license.

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

6 develop safe and mature driving habits in young, inexperienced

7 drivers and reduce or prevent motor vehicle accidents,

8 fatalities, and injuries by:

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

10 period before granting permission to obtain a driver's

11 license;

12 (2) strengthening driver licensing and testing

13 standards for persons under the age of 21 years;

14 (3) sanctioning driving privileges of drivers under

15 age 21 who have committed serious traffic violations or

16 other specified offenses; and

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

18 health and safety.

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

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

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

22 State, shall be accompanied by the written consent of either

23 parent of the applicant; otherwise by the guardian having

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

25 guardian, then by another responsible adult. The written

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1 consent must accompany any application for a driver's license

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

3 required written consent also accompanied the person's

4 previous application for an instruction permit.

5 No graduated driver's license shall be issued to any

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

7 least 16 years of age and has:

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

9 months.

10 (2) Passed an approved driver education course and

11 submits proof of having passed the course as may be

12 required.

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

14 responsible adult that the applicant has had a minimum of

15 50 hours of behind-the-wheel practice time, at least 10

16 hours of which have been at night, and is sufficiently

17 prepared and able to safely operate a motor vehicle.

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

19 applicant who is under 18 years of age and not legally

20 emancipated, unless the applicant has graduated from a

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

22 in a course leading to ahigh school equivalency ~~general~~

23 ~~educational development (GED)~~certificate, has obtained ahigh

24 school equivalency ~~GED~~ certificate, is enrolled in an

25 elementary or secondary school or college or university of this

26 State or any other state and is not a chronic or habitual

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1 truant as provided in Section 26-2a of the School Code, or is

2 receiving home instruction and submits proof of meeting any of

3 those requirements at the time of application.

4 An applicant under 18 years of age who provides proof

5 acceptable to the Secretary that the applicant has resumed

6 regular school attendance or home instruction or that his or

7 her application was denied in error shall be eligible to

8 receive a graduated license if other requirements are met. The

9 Secretary shall adopt rules for implementing this subsection

10 (b-1).

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

12 to any applicant under 18 years of age who has committed the

13 offense of operating a motor vehicle without a valid license or

14 permit in violation of Section 6-101 of this Code or a similar

15 out of state offense and no graduated driver's license or

16 permit shall be issued to any applicant under 18 years of age

17 who has committed an offense that would otherwise result in a

18 mandatory revocation of a license or permit as provided in

19 Section 6-205 of this Code or who has been either convicted of

20 or adjudicated a delinquent based upon a violation of the

21 Cannabis Control Act, the Illinois Controlled Substances Act,

22 the Use of Intoxicating Compounds Act, or the Methamphetamine

23 Control and Community Protection Act while that individual was

24 in actual physical control of a motor vehicle. For purposes of

25 this Section, any person placed on probation under Section 10

26 of the Cannabis Control Act, Section 410 of the Illinois

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1 Controlled Substances Act, or Section 70 of the Methamphetamine

2 Control and Community Protection Act shall not be considered

3 convicted. Any person found guilty of this offense, while in

4 actual physical control of a motor vehicle, shall have an entry

5 made in the court record by the judge that this offense did

6 occur while the person was in actual physical control of a

7 motor vehicle and order the clerk of the court to report the

8 violation to the Secretary of State as such.

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

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

11 committed and subsequently been convicted of an offense against

12 traffic regulations governing the movement of vehicles, any

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

14 who has received a disposition of court supervision for a

15 violation of Section 6-20 of the Illinois Liquor Control Act of

16 1934 or a similar provision of a local ordinance.

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

18 18 years shall operate any motor vehicle, except a motor driven

19 cycle or motorcycle, with more than one passenger in the front

20 seat of the motor vehicle and no more passengers in the back

21 seats than the number of available seat safety belts as set

22 forth in Section 12-603 of this Code. If a graduated driver's

23 license holder over the age of 18 committed an offense against

24 traffic regulations governing the movement of vehicles or any

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

26 the 6 months prior to the graduated driver's license holder's

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1 18th birthday, and was subsequently convicted of the violation,

2 the provisions of this paragraph shall continue to apply until

3 such time as a period of 6 consecutive months has elapsed

4 without an additional violation and subsequent conviction of an

5 offense against traffic regulations governing the movement of

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

7 of this Code.

8 (f) (Blank).

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

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

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

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

13 holder may not operate a motor vehicle with more than one

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

15 additional passenger or passengers are siblings,

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

17 graduated driver's license holder committed an offense against

18 traffic regulations governing the movement of vehicles or any

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

20 during the first 12 months the license is held and subsequently

21 is convicted of the violation, the provisions of this paragraph

22 shall remain in effect until such time as a period of 6

23 consecutive months has elapsed without an additional violation

24 and subsequent conviction of an offense against traffic

25 regulations governing the movement of vehicles or any violation

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

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

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

3 driver holding a graduated driver's license during the first 12

4 months the driver holds the license or until the driver reaches

5 the age of 18, whichever occurs sooner, if another passenger

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

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

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

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

10 issued a traffic citation for which a disposition has not been

11 rendered at the time of application.

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

13 98-168, eff. 1-1-14.)

14 (625 ILCS 5/6-408.5)

15 Sec. 6-408.5. Courses for students or high school dropouts;

16 limitation.

17 (a) No driver training school or driving training

18 instructor licensed under this Act may request a certificate of

19 completion from the Secretary of State as provided in Section

20 6-411 for any person who is enrolled as a student in any public

21 or non-public secondary school at the time such instruction is

22 to be provided, or who was so enrolled during the semester last

23 ended if that instruction is to be provided between semesters

24 or during the summer after the regular school term ends, unless

25 that student has received a passing grade in at least 8 courses

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1 during the 2 semesters last ending prior to requesting a

2 certificate of completion from the Secretary of State for the

3 student.

4 (b) No driver training school or driving training

5 instructor licensed under this Act may request a certificate of

6 completion from the Secretary of State as provided in Section

7 6-411 for any person who has dropped out of school and has not

8 yet attained the age of 18 years unless the driver training

9 school or driving training instructor has: 1) obtained written

10 documentation verifying the dropout's enrollment in ahigh

11 school equivalency testing ~~GED~~ or alternative education

12 program or has obtained a copy of the dropout'shigh school

13 equivalency ~~GED~~certificate; 2) obtained verification that the

14 student prior to dropping out had received a passing grade in

15 at least 8 courses during the 2 previous semesters last ending

16 prior to requesting a certificate of completion; or 3) obtained

17 written consent from the dropout's parents or guardians and the

18 regional superintendent.

19 (c) Students shall be informed of the eligibility

20 requirements of this Act in writing at the time of

21 registration.

22 (d) The superintendent of schools of the school district in

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

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

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

26 public high school) or the chief school administrator (with

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

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

3 requirements of this Section if the superintendent or chief

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

5 best interests of the student or dropout. Before requesting a

6 certificate of completion from the Secretary of State for any

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

8 secondary school or who was so enrolled in the semester last

9 ending prior to the request for a certificate of completion

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

11 driver training school shall determine from the school district

12 in which that person resides or resided at the time of dropping

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

14 non-public high school attended or last attended by such

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

16 to receive a certificate of completion under this Section.

17 (Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)

18 Section 130. The Unified Code of Corrections is amended by

19 changing Sections 3-3-8, 3-6-3, 3-6-8, 3-12-16, 5-5-3, 5-6-3,

20 5-6-3.1, 5-6-3.3, 5-6-3.4, 5-7-1, and 5-8-1.3 as follows:

21 (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)

22 Sec. 3-3-8. Length of parole, aftercare release, and

23 mandatory supervised release; discharge.)

24 (a) The length of parole for a person sentenced under the

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1 law in effect prior to the effective date of this amendatory

2 Act of 1977 and the length of mandatory supervised release for

3 those sentenced under the law in effect on and after such

4 effective date shall be as set out in Section 5-8-1 unless

5 sooner terminated under paragraph (b) of this Section. The

6 aftercare release period of a juvenile committed to the

7 Department under the Juvenile Court Act or the Juvenile Court

8 Act of 1987 shall extend until he or she is 21 years of age

9 unless sooner terminated under paragraph (b) of this Section.

10 (b) The Prisoner Review Board may enter an order releasing

11 and discharging one from parole, aftercare release, or

12 mandatory supervised release, and his or her commitment to the

13 Department, when it determines that he or she is likely to

14 remain at liberty without committing another offense.

15 (b-1) Provided that the subject is in compliance with the

16 terms and conditions of his or her parole, aftercare release,

17 or mandatory supervised release, the Prisoner Review Board may

18 reduce the period of a parolee or releasee's parole, aftercare

19 release, or mandatory supervised release by 90 days upon the

20 parolee or releasee receiving a high school diploma or upon

21 passage of high school equivalency testing ~~the high school~~

22 ~~level Test of General Educational Development~~ during the period

23 of his or her parole, aftercare release, or mandatory

24 supervised release. This reduction in the period of a subject's

25 term of parole, aftercare release, or mandatory supervised

26 release shall be available only to subjects who have not

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1 previously earned a high school diploma or who have not

2 previously passed high school equivalency testing ~~the high~~

3 ~~school level Test of General Educational Development~~.

4 (c) The order of discharge shall become effective upon

5 entry of the order of the Board. The Board shall notify the

6 clerk of the committing court of the order. Upon receipt of

7 such copy, the clerk shall make an entry on the record judgment

8 that the sentence or commitment has been satisfied pursuant to

9 the order.

10 (d) Rights of the person discharged under this Section

11 shall be restored under Section 5-5-5. This Section is subject

12 to Section 5-750 of the Juvenile Court Act of 1987.

13 (Source: P.A. 97-531, eff. 1-1-12; 98-558, eff. 1-1-14.)

14 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)

15 Sec. 3-6-3. Rules and Regulations for Sentence Credit.

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

17 rules and regulations for awarding and revoking sentence

18 credit for persons committed to the Department which shall

19 be subject to review by the Prisoner Review Board.

20 (1.5) As otherwise provided by law, sentence credit may

21 be awarded for the following:

22 (A) successful completion of programming while in

23 custody of the Department or while in custody prior to

24 sentencing;

25 (B) compliance with the rules and regulations of

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1 the Department; or

2 (C) service to the institution, service to a

3 community, or service to the State.

4 (2) The rules and regulations on sentence credit shall

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

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

7 June 19, 1998 or with respect to the offense listed in

8 clause (iv) of this paragraph (2) committed on or after

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

10 with respect to offense listed in clause (vi) committed on

11 or after June 1, 2008 (the effective date of Public Act

12 95-625) or with respect to the offense of being an armed

13 habitual criminal committed on or after August 2, 2005 (the

14 effective date of Public Act 94-398) or with respect to the

15 offenses listed in clause (v) of this paragraph (2)

16 committed on or after August 13, 2007 (the effective date

17 of Public Act 95-134) or with respect to the offense of

18 aggravated domestic battery committed on or after July 23,

19 2010 (the effective date of Public Act 96-1224) or with

20 respect to the offense of attempt to commit terrorism

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

22 of Public Act 97-990), the following:

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

24 imprisonment for first degree murder or for the offense

25 of terrorism shall receive no sentence credit and shall

26 serve the entire sentence imposed by the court;

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

2 to commit terrorism, attempt to commit first degree

3 murder, solicitation of murder, solicitation of murder

4 for hire, intentional homicide of an unborn child,

5 predatory criminal sexual assault of a child,

6 aggravated criminal sexual assault, criminal sexual

7 assault, aggravated kidnapping, aggravated battery

8 with a firearm as described in Section 12-4.2 or

9 subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of

10 Section 12-3.05, heinous battery as described in

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

12 12-3.05, being an armed habitual criminal, aggravated

13 battery of a senior citizen as described in Section

14 12-4.6 or subdivision (a)(4) of Section 12-3.05, or

15 aggravated battery of a child as described in Section

16 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall

17 receive no more than 4.5 days of sentence credit for

18 each month of his or her sentence of imprisonment;

19 (iii) that a prisoner serving a sentence for home

20 invasion, armed robbery, aggravated vehicular

21 hijacking, aggravated discharge of a firearm, or armed

22 violence with a category I weapon or category II

23 weapon, when the court has made and entered a finding,

24 pursuant to subsection (c-1) of Section 5-4-1 of this

25 Code, that the conduct leading to conviction for the

26 enumerated offense resulted in great bodily harm to a

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1 victim, shall receive no more than 4.5 days of sentence

2 credit for each month of his or her sentence of

3 imprisonment;

4 (iv) that a prisoner serving a sentence for

5 aggravated discharge of a firearm, whether or not the

6 conduct leading to conviction for the offense resulted

7 in great bodily harm to the victim, shall receive no

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

9 his or her sentence of imprisonment;

10 (v) that a person serving a sentence for

11 gunrunning, narcotics racketeering, controlled

12 substance trafficking, methamphetamine trafficking,

13 drug-induced homicide, aggravated

14 methamphetamine-related child endangerment, money

15 laundering pursuant to clause (c) (4) or (5) of Section

16 29B-1 of the Criminal Code of 1961 or the Criminal Code

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

18 a controlled substance, possession of a controlled

19 substance with intent to manufacture or deliver,

20 calculated criminal drug conspiracy, criminal drug

21 conspiracy, street gang criminal drug conspiracy,

22 participation in methamphetamine manufacturing,

23 aggravated participation in methamphetamine

24 manufacturing, delivery of methamphetamine, possession

25 with intent to deliver methamphetamine, aggravated

26 delivery of methamphetamine, aggravated possession

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1 with intent to deliver methamphetamine,

2 methamphetamine conspiracy when the substance

3 containing the controlled substance or methamphetamine

4 is 100 grams or more shall receive no more than 7.5

5 days sentence credit for each month of his or her

6 sentence of imprisonment;

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

8 second or subsequent offense of luring a minor shall

9 receive no more than 4.5 days of sentence credit for

10 each month of his or her sentence of imprisonment; and

11 (vii) that a prisoner serving a sentence for

12 aggravated domestic battery shall receive no more than

13 4.5 days of sentence credit for each month of his or

14 her sentence of imprisonment.

15 (2.1) For all offenses, other than those enumerated in

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

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

18 after June 23, 2005 (the effective date of Public Act

19 94-71) or subdivision (a)(2)(v) committed on or after

20 August 13, 2007 (the effective date of Public Act 95-134)

21 or subdivision (a)(2)(vi) committed on or after June 1,

22 2008 (the effective date of Public Act 95-625) or

23 subdivision (a)(2)(vii) committed on or after July 23, 2010

24 (the effective date of Public Act 96-1224), and other than

25 the offense of aggravated driving under the influence of

26 alcohol, other drug or drugs, or intoxicating compound or

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1 compounds, or any combination thereof as defined in

2 subparagraph (F) of paragraph (1) of subsection (d) of

3 Section 11-501 of the Illinois Vehicle Code, and other than

4 the offense of aggravated driving under the influence of

5 alcohol, other drug or drugs, or intoxicating compound or

6 compounds, or any combination thereof as defined in

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

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

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

10 96-1230), the rules and regulations shall provide that a

11 prisoner who is serving a term of imprisonment shall

12 receive one day of sentence credit for each day of his or

13 her sentence of imprisonment or recommitment under Section

14 3-3-9. Each day of sentence credit shall reduce by one day

15 the prisoner's period of imprisonment or recommitment

16 under Section 3-3-9.

17 (2.2) A prisoner serving a term of natural life

18 imprisonment or a prisoner who has been sentenced to death

19 shall receive no sentence credit.

20 (2.3) The rules and regulations on sentence credit

21 shall provide that a prisoner who is serving a sentence for

22 aggravated driving under the influence of alcohol, other

23 drug or drugs, or intoxicating compound or compounds, or

24 any combination thereof as defined in subparagraph (F) of

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

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

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1 of sentence credit for each month of his or her sentence of

2 imprisonment.

3 (2.4) The rules and regulations on sentence credit

4 shall provide with respect to the offenses of aggravated

5 battery with a machine gun or a firearm equipped with any

6 device or attachment designed or used for silencing the

7 report of a firearm or aggravated discharge of a machine

8 gun or a firearm equipped with any device or attachment

9 designed or used for silencing the report of a firearm,

10 committed on or after July 15, 1999 (the effective date of

11 Public Act 91-121), that a prisoner serving a sentence for

12 any of these offenses shall receive no more than 4.5 days

13 of sentence credit for each month of his or her sentence of

14 imprisonment.

15 (2.5) The rules and regulations on sentence credit

16 shall provide that a prisoner who is serving a sentence for

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

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

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

20 her sentence of imprisonment.

21 (2.6) The rules and regulations on sentence credit

22 shall provide that a prisoner who is serving a sentence for

23 aggravated driving under the influence of alcohol, other

24 drug or drugs, or intoxicating compound or compounds or any

25 combination thereof as defined in subparagraph (C) of

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

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1 Illinois Vehicle Code committed on or after January 1, 2011

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

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

4 or her sentence of imprisonment.

5 (3) The rules and regulations shall also provide that

6 the Director may award up to 180 days additional sentence

7 credit for good conduct in specific instances as the

8 Director deems proper. The good conduct may include, but is

9 not limited to, compliance with the rules and regulations

10 of the Department, service to the Department, service to a

11 community, or service to the State. However, the Director

12 shall not award more than 90 days of sentence credit for

13 good conduct to any prisoner who is serving a sentence for

14 conviction of first degree murder, reckless homicide while

15 under the influence of alcohol or any other drug, or

16 aggravated driving under the influence of alcohol, other

17 drug or drugs, or intoxicating compound or compounds, or

18 any combination thereof as defined in subparagraph (F) of

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

20 Illinois Vehicle Code, aggravated kidnapping, kidnapping,

21 predatory criminal sexual assault of a child, aggravated

22 criminal sexual assault, criminal sexual assault, deviate

23 sexual assault, aggravated criminal sexual abuse,

24 aggravated indecent liberties with a child, indecent

25 liberties with a child, child pornography, heinous battery

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

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1 Section 12-3.05, aggravated battery of a spouse,

2 aggravated battery of a spouse with a firearm, stalking,

3 aggravated stalking, aggravated battery of a child as

4 described in Section 12-4.3 or subdivision (b)(1) of

5 Section 12-3.05, endangering the life or health of a child,

6 or cruelty to a child. Notwithstanding the foregoing,

7 sentence credit for good conduct shall not be awarded on a

8 sentence of imprisonment imposed for conviction of: (i) one

9 of the offenses enumerated in subdivision (a)(2)(i), (ii),

10 or (iii) when the offense is committed on or after June 19,

11 1998 or subdivision (a)(2)(iv) when the offense is

12 committed on or after June 23, 2005 (the effective date of

13 Public Act 94-71) or subdivision (a)(2)(v) when the offense

14 is committed on or after August 13, 2007 (the effective

15 date of Public Act 95-134) or subdivision (a)(2)(vi) when

16 the offense is committed on or after June 1, 2008 (the

17 effective date of Public Act 95-625) or subdivision

18 (a)(2)(vii) when the offense is committed on or after July

19 23, 2010 (the effective date of Public Act 96-1224), (ii)

20 aggravated driving under the influence of alcohol, other

21 drug or drugs, or intoxicating compound or compounds, or

22 any combination thereof as defined in subparagraph (F) of

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

24 Illinois Vehicle Code, (iii) one of the offenses enumerated

25 in subdivision (a)(2.4) when the offense is committed on or

26 after July 15, 1999 (the effective date of Public Act

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1 91-121), (iv) aggravated arson when the offense is

2 committed on or after July 27, 2001 (the effective date of

3 Public Act 92-176), (v) offenses that may subject the

4 offender to commitment under the Sexually Violent Persons

5 Commitment Act, or (vi) aggravated driving under the

6 influence of alcohol, other drug or drugs, or intoxicating

7 compound or compounds or any combination thereof as defined

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

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

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

11 96-1230).

12 Eligible inmates for an award of sentence credit under this

13 paragraph (3) may be selected to receive the credit at the

14 Director's or his or her designee's sole discretion.

15 Consideration may be based on, but not limited to, any

16 available risk assessment analysis on the inmate, any history

17 of conviction for violent crimes as defined by the Rights of

18 Crime Victims and Witnesses Act, facts and circumstances of the

19 inmate's holding offense or offenses, and the potential for

20 rehabilitation.

21 The Director shall not award sentence credit under this

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

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

24 paragraph shall be construed to permit the Director to extend

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

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

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1 Director shall make a written determination that the inmate:

2 (A) is eligible for the sentence credit;

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

4 60 days as the sentence will allow; and

5 (C) has met the eligibility criteria established

6 by rule.

7 The Director shall determine the form and content of

8 the written determination required in this subsection.

9 (3.5) The Department shall provide annual written

10 reports to the Governor and the General Assembly on the

11 award of sentence credit for good conduct, with the first

12 report due January 1, 2014. The Department must publish

13 both reports on its website within 48 hours of transmitting

14 the reports to the Governor and the General Assembly. The

15 reports must include:

16 (A) the number of inmates awarded sentence credit

17 for good conduct;

18 (B) the average amount of sentence credit for good

19 conduct awarded;

20 (C) the holding offenses of inmates awarded

21 sentence credit for good conduct; and

22 (D) the number of sentence credit for good conduct

23 revocations.

24 (4) The rules and regulations shall also provide that

25 the sentence credit accumulated and retained under

26 paragraph (2.1) of subsection (a) of this Section by any

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1 inmate during specific periods of time in which such inmate

2 is engaged full-time in substance abuse programs,

3 correctional industry assignments, educational programs,

4 behavior modification programs, life skills courses, or

5 re-entry planning provided by the Department under this

6 paragraph (4) and satisfactorily completes the assigned

7 program as determined by the standards of the Department,

8 shall be multiplied by a factor of 1.25 for program

9 participation before August 11, 1993 and 1.50 for program

10 participation on or after that date. The rules and

11 regulations shall also provide that sentence credit,

12 subject to the same offense limits and multiplier provided

13 in this paragraph, may be provided to an inmate who was

14 held in pre-trial detention prior to his or her current

15 commitment to the Department of Corrections and

16 successfully completed a full-time, 60-day or longer

17 substance abuse program, educational program, behavior

18 modification program, life skills course, or re-entry

19 planning provided by the county department of corrections

20 or county jail. Calculation of this county program credit

21 shall be done at sentencing as provided in Section

22 5-4.5-100 of this Code and shall be included in the

23 sentencing order. However, no inmate shall be eligible for

24 the additional sentence credit under this paragraph (4) or

25 (4.1) of this subsection (a) while assigned to a boot camp

26 or electronic detention, or if convicted of an offense

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1 enumerated in subdivision (a)(2)(i), (ii), or (iii) of this

2 Section that is committed on or after June 19, 1998 or

3 subdivision (a)(2)(iv) of this Section that is committed on

4 or after June 23, 2005 (the effective date of Public Act

5 94-71) or subdivision (a)(2)(v) of this Section that is

6 committed on or after August 13, 2007 (the effective date

7 of Public Act 95-134) or subdivision (a)(2)(vi) when the

8 offense is committed on or after June 1, 2008 (the

9 effective date of Public Act 95-625) or subdivision

10 (a)(2)(vii) when the offense is committed on or after July

11 23, 2010 (the effective date of Public Act 96-1224), or if

12 convicted of aggravated driving under the influence of

13 alcohol, other drug or drugs, or intoxicating compound or

14 compounds or any combination thereof as defined in

15 subparagraph (F) of paragraph (1) of subsection (d) of

16 Section 11-501 of the Illinois Vehicle Code, or if

17 convicted of aggravated driving under the influence of

18 alcohol, other drug or drugs, or intoxicating compound or

19 compounds or any combination thereof as defined in

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

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

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

23 96-1230), or if convicted of an offense enumerated in

24 paragraph (a)(2.4) of this Section that is committed on or

25 after July 15, 1999 (the effective date of Public Act

26 91-121), or first degree murder, a Class X felony, criminal

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1 sexual assault, felony criminal sexual abuse, aggravated

2 criminal sexual abuse, aggravated battery with a firearm as

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

4 (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or

5 successor offenses with the same or substantially the same

6 elements, or any inchoate offenses relating to the

7 foregoing offenses. No inmate shall be eligible for the

8 additional good conduct credit under this paragraph (4) who

9 (i) has previously received increased good conduct credit

10 under this paragraph (4) and has subsequently been

11 convicted of a felony, or (ii) has previously served more

12 than one prior sentence of imprisonment for a felony in an

13 adult correctional facility.

14 Educational, vocational, substance abuse, behavior

15 modification programs, life skills courses, re-entry

16 planning, and correctional industry programs under which

17 sentence credit may be increased under this paragraph (4)

18 and paragraph (4.1) of this subsection (a) shall be

19 evaluated by the Department on the basis of documented

20 standards. The Department shall report the results of these

21 evaluations to the Governor and the General Assembly by

22 September 30th of each year. The reports shall include data

23 relating to the recidivism rate among program

24 participants.

25 Availability of these programs shall be subject to the

26 limits of fiscal resources appropriated by the General

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1 Assembly for these purposes. Eligible inmates who are

2 denied immediate admission shall be placed on a waiting

3 list under criteria established by the Department. The

4 inability of any inmate to become engaged in any such

5 programs by reason of insufficient program resources or for

6 any other reason established under the rules and

7 regulations of the Department shall not be deemed a cause

8 of action under which the Department or any employee or

9 agent of the Department shall be liable for damages to the

10 inmate.

11 (4.1) The rules and regulations shall also provide that

12 an additional 60 days of sentence credit shall be awarded

13 to any prisoner who passes high school equivalency testing

14 ~~the high school level Test of General Educational~~

15 ~~Development (GED)~~ while the prisoner is committed to the

16 Department of Corrections. The sentence credit awarded

17 under this paragraph (4.1) shall be in addition to, and

18 shall not affect, the award of sentence credit under any

19 other paragraph of this Section, but shall also be pursuant

20 to the guidelines and restrictions set forth in paragraph

21 (4) of subsection (a) of this Section. The sentence credit

22 provided for in this paragraph shall be available only to

23 those prisoners who have not previously earned a high

24 school diploma or a high school equivalency certificate

25 ~~GED~~. If, after an award of the high school equivalency

26 testing ~~GED~~ sentence credit has been made, ~~and~~ the

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1 Department determines that the prisoner was not eligible,

2 then the award shall be revoked. The Department may also

3 award 60 days of sentence credit to any committed person

4 who passed high school equivalency testing ~~the high school~~

5 ~~level Test of General Educational Development (GED)~~ while

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

7 current commitment to the Department of Corrections.

8 (4.5) The rules and regulations on sentence credit

9 shall also provide that when the court's sentencing order

10 recommends a prisoner for substance abuse treatment and the

11 crime was committed on or after September 1, 2003 (the

12 effective date of Public Act 93-354), the prisoner shall

13 receive no sentence credit awarded under clause (3) of this

14 subsection (a) unless he or she participates in and

15 completes a substance abuse treatment program. The

16 Director may waive the requirement to participate in or

17 complete a substance abuse treatment program and award the

18 sentence credit in specific instances if the prisoner is

19 not a good candidate for a substance abuse treatment

20 program for medical, programming, or operational reasons.

21 Availability of substance abuse treatment shall be subject

22 to the limits of fiscal resources appropriated by the

23 General Assembly for these purposes. If treatment is not

24 available and the requirement to participate and complete

25 the treatment has not been waived by the Director, the

26 prisoner shall be placed on a waiting list under criteria

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1 established by the Department. The Director may allow a

2 prisoner placed on a waiting list to participate in and

3 complete a substance abuse education class or attend

4 substance abuse self-help meetings in lieu of a substance

5 abuse treatment program. A prisoner on a waiting list who

6 is not placed in a substance abuse program prior to release

7 may be eligible for a waiver and receive sentence credit

8 under clause (3) of this subsection (a) at the discretion

9 of the Director.

10 (4.6) The rules and regulations on sentence credit

11 shall also provide that a prisoner who has been convicted

12 of a sex offense as defined in Section 2 of the Sex

13 Offender Registration Act shall receive no sentence credit

14 unless he or she either has successfully completed or is

15 participating in sex offender treatment as defined by the

16 Sex Offender Management Board. However, prisoners who are

17 waiting to receive treatment, but who are unable to do so

18 due solely to the lack of resources on the part of the

19 Department, may, at the Director's sole discretion, be

20 awarded sentence credit at a rate as the Director shall

21 determine.

22 (5) Whenever the Department is to release any inmate

23 earlier than it otherwise would because of a grant of

24 sentence credit for good conduct under paragraph (3) of

25 subsection (a) of this Section given at any time during the

26 term, the Department shall give reasonable notice of the

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1 impending release not less than 14 days prior to the date

2 of the release to the State's Attorney of the county where

3 the prosecution of the inmate took place, and if

4 applicable, the State's Attorney of the county into which

5 the inmate will be released. The Department must also make

6 identification information and a recent photo of the inmate

7 being released accessible on the Internet by means of a

8 hyperlink labeled "Community Notification of Inmate Early

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

10 identification information shall include the inmate's:

11 name, any known alias, date of birth, physical

12 characteristics, residence address, commitment offense and

13 county where conviction was imposed. The identification

14 information shall be placed on the website within 3 days of

15 the inmate's release and the information may not be removed

16 until either: completion of the first year of mandatory

17 supervised release or return of the inmate to custody of

18 the Department.

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

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) The Department shall prescribe rules and regulations

24 for revoking sentence credit, including revoking sentence

25 credit awarded for good conduct under paragraph (3) of

26 subsection (a) of this Section. The Department shall prescribe

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1 rules and regulations for suspending or reducing the rate of

2 accumulation of sentence credit for specific rule violations,

3 during imprisonment. These rules and regulations shall provide

4 that no inmate may be penalized more than one year of sentence

5 credit for any one infraction.

6 When the Department seeks to revoke, suspend or reduce the

7 rate of accumulation of any sentence credits for an alleged

8 infraction of its rules, it shall bring charges therefor

9 against the prisoner sought to be so deprived of sentence

10 credits before the Prisoner Review Board as provided in

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

12 amount of credit at issue exceeds 30 days or when during any 12

13 month period, the cumulative amount of credit revoked exceeds

14 30 days except where the infraction is committed or discovered

15 within 60 days of scheduled release. In those cases, the

16 Department of Corrections may revoke up to 30 days of sentence

17 credit. The Board may subsequently approve the revocation of

18 additional sentence credit, if the Department seeks to revoke

19 sentence credit in excess of 30 days. However, the Board shall

20 not be empowered to review the Department's decision with

21 respect to the loss of 30 days of sentence credit within any

22 calendar year for any prisoner or to increase any penalty

23 beyond the length requested by the Department.

24 The Director of the Department of Corrections, in

25 appropriate cases, may restore up to 30 days of sentence

26 credits which have been revoked, suspended or reduced. Any

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1 restoration of sentence credits in excess of 30 days shall be

2 subject to review by the Prisoner Review Board. However, the

3 Board may not restore sentence credit in excess of the amount

4 requested by the Director.

5 Nothing contained in this Section shall prohibit the

6 Prisoner Review Board from ordering, pursuant to Section

7 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the

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

9 accumulation of sentence credit.

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

11 federal court against the State, the Department of Corrections,

12 or the Prisoner Review Board, or against any of their officers

13 or employees, and the court makes a specific finding that a

14 pleading, motion, or other paper filed by the prisoner is

15 frivolous, the Department of Corrections shall conduct a

16 hearing to revoke up to 180 days of sentence credit by bringing

17 charges against the prisoner sought to be deprived of the

18 sentence credits before the Prisoner Review Board as provided

19 in subparagraph (a)(8) of Section 3-3-2 of this Code. If the

20 prisoner has not accumulated 180 days of sentence credit at the

21 time of the finding, then the Prisoner Review Board may revoke

22 all sentence credit accumulated by the prisoner.

23 For purposes of this subsection (d):

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

25 filing which purports to be a legal document filed by a

26 prisoner in his or her lawsuit meets any or all of the

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1 following criteria:

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

3 fact;

4 (B) it is being presented for any improper purpose,

5 such as to harass or to cause unnecessary delay or

6 needless increase in the cost of litigation;

7 (C) the claims, defenses, and other legal

8 contentions therein are not warranted by existing law

9 or by a nonfrivolous argument for the extension,

10 modification, or reversal of existing law or the

11 establishment of new law;

12 (D) the allegations and other factual contentions

13 do not have evidentiary support or, if specifically so

14 identified, are not likely to have evidentiary support

15 after a reasonable opportunity for further

16 investigation or discovery; or

17 (E) the denials of factual contentions are not

18 warranted on the evidence, or if specifically so

19 identified, are not reasonably based on a lack of

20 information or belief.

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

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

23 action under Article X of the Code of Civil Procedure or

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

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

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

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1 subsequent petition for post-conviction relief under

2 Article 122 of the Code of Criminal Procedure of 1963

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

4 subsequent petition for relief from judgment under Section

5 2-1401 of the Code of Civil Procedure.

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

7 validity of Public Act 89-404.

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

9 has been convicted of a violation of an order of protection

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

11 the Criminal Code of 2012, earlier than it otherwise would

12 because of a grant of sentence credit, the Department, as a

13 condition of release, shall require that the person, upon

14 release, be placed under electronic surveillance as provided in

15 Section 5-8A-7 of this Code.

16 (Source: P.A. 96-860, eff. 1-15-10; 96-1110, eff. 7-19-10;

17 96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, eff.

18 7-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333,

19 eff. 8-12-11; 97-697, eff. 6-22-12; 97-990, eff. 1-1-13;

20 97-1150, eff. 1-25-13.)

21 (730 ILCS 5/3-6-8)

22 Sec. 3-6-8. High school equivalency testing ~~General~~

23 ~~Educational Development (GED)~~ programs. The Department of

24 Corrections shall develop and establish a program in the Adult

25 Division designed to increase the number of committed persons

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1 enrolled in programs for high school equivalency testing ~~the~~

2 ~~high school level Test of General Educational Development (GED)~~

3 and pursuing high school equivalency ~~GED~~ certificates by at

4 least 100% over the 4-year period following the effective date

5 of this amendatory Act of the 94th General Assembly. Pursuant

6 to the program, each adult institution and facility shall

7 report annually to the Director of Corrections on the number of

8 committed persons enrolled in high school equivalency testing

9 ~~GED~~ programs and those who pass high school equivalency testing

10 ~~the high school level Test of General Educational Development~~

11 ~~(GED)~~, and the number of committed persons in the Adult

12 Division who are on waiting lists for participation in the high

13 school equivalency testing ~~GED~~ programs.

14 (Source: P.A. 94-128, eff. 7-7-05; 94-744, eff. 5-8-06.)

15 (730 ILCS 5/3-12-16)

16 Sec. 3-12-16. Helping Paws Service Dog Program.

17 (a) In this Section:

18 "Disabled person" means a person who suffers from a

19 physical or mental impairment that substantially limits one or

20 more major life activities.

21 "Program" means the Helping Paws Service Dog Program

22 created by this Section.

23 "Service dog" means a dog trained in obedience and task

24 skills to meet the needs of a disabled person.

25 "Animal care professional" means a person certified to work

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1 in animal care related services, such as grooming, kenneling,

2 and any other related fields.

3 "Service dog professional" means a person certified to

4 train service dogs by an agency, organization, or school

5 approved by the Department.

6 (b) The Department may establish the Helping Paws Service

7 Dog Program to train committed persons to be service dog

8 trainers and animal care professionals. The Department shall

9 select committed persons in various correctional institutions

10 and facilities to participate in the Program.

11 (c) Priority for participation in the Program must be given

12 to committed persons who either have a high school diploma or

13 have passed high school equivalency testing ~~the high school~~

14 ~~level Test of General Educational Development (GED)~~.

15 (d) The Department may contract with service dog

16 professionals to train committed persons to be certified

17 service dog trainers. Service dog professionals shall train

18 committed persons in dog obedience training, service dog

19 training, and animal health care. Upon successful completion of

20 the training, a committed person shall receive certification by

21 an agency, organization, or school approved by the Department.

22 (e) The Department may designate a non-profit organization

23 to select animals from humane societies and shelters for the

24 purpose of being trained as service dogs and for participation

25 in any program designed to train animal care professionals.

26 (f) After a dog is trained by the committed person as a

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1 service dog, a review committee consisting of an equal number

2 of persons from the Department and the non-profit organization

3 shall select a disabled person to receive the service dog free

4 of charge.

5 (g) Employees of the Department shall periodically visit

6 disabled persons who have received service dogs from the

7 Department under this Section to determine whether the needs of

8 the disabled persons have been met by the service dogs trained

9 by committed persons.

10 (h) Employees of the Department shall periodically visit

11 committed persons who have been certified as service dog

12 trainers or animal care professionals and who have been paroled

13 or placed on mandatory supervised release to determine whether

14 the committed persons are using their skills as certified

15 service dog trainers or animal care professionals.

16 (Source: P.A. 92-236, eff. 8-3-01.)

17 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)

18 Sec. 5-5-3. Disposition.

19 (a) (Blank).

20 (b) (Blank).

21 (c) (1) (Blank).

22 (2) A period of probation, a term of periodic

23 imprisonment or conditional discharge shall not be imposed

24 for the following offenses. The court shall sentence the

25 offender to not less than the minimum term of imprisonment

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1 set forth in this Code for the following offenses, and may

2 order a fine or restitution or both in conjunction with

3 such term of imprisonment:

4 (A) First degree murder where the death penalty is

5 not imposed.

6 (B) Attempted first degree murder.

7 (C) A Class X felony.

8 (D) A violation of Section 401.1 or 407 of the

9 Illinois Controlled Substances Act, or a violation of

10 subdivision (c)(1.5) or (c)(2) of Section 401 of that

11 Act which relates to more than 5 grams of a substance

12 containing cocaine, fentanyl, or an analog thereof.

13 (D-5) A violation of subdivision (c)(1) of Section

14 401 of the Illinois Controlled Substances Act which

15 relates to 3 or more grams of a substance containing

16 heroin or an analog thereof.

17 (E) A violation of Section 5.1 or 9 of the Cannabis

18 Control Act.

19 (F) A Class 2 or greater felony if the offender had

20 been convicted of a Class 2 or greater felony,

21 including any state or federal conviction for an

22 offense that contained, at the time it was committed,

23 the same elements as an offense now (the date of the

24 offense committed after the prior Class 2 or greater

25 felony) classified as a Class 2 or greater felony,

26 within 10 years of the date on which the offender

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1 committed the offense for which he or she is being

2 sentenced, except as otherwise provided in Section

3 40-10 of the Alcoholism and Other Drug Abuse and

4 Dependency Act.

5 (F-5) A violation of Section 24-1, 24-1.1, or

6 24-1.6 of the Criminal Code of 1961 or the Criminal

7 Code of 2012 for which imprisonment is prescribed in

8 those Sections.

9 (G) Residential burglary, except as otherwise

10 provided in Section 40-10 of the Alcoholism and Other

11 Drug Abuse and Dependency Act.

12 (H) Criminal sexual assault.

13 (I) Aggravated battery of a senior citizen as

14 described in Section 12-4.6 or subdivision (a)(4) of

15 Section 12-3.05 of the Criminal Code of 1961 or the

16 Criminal Code of 2012.

17 (J) A forcible felony if the offense was related to

18 the activities of an organized gang.

19 Before July 1, 1994, for the purposes of this

20 paragraph, "organized gang" means an association of 5

21 or more persons, with an established hierarchy, that

22 encourages members of the association to perpetrate

23 crimes or provides support to the members of the

24 association who do commit crimes.

25 Beginning July 1, 1994, for the purposes of this

26 paragraph, "organized gang" has the meaning ascribed

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1 to it in Section 10 of the Illinois Streetgang

2 Terrorism Omnibus Prevention Act.

3 (K) Vehicular hijacking.

4 (L) A second or subsequent conviction for the

5 offense of hate crime when the underlying offense upon

6 which the hate crime is based is felony aggravated

7 assault or felony mob action.

8 (M) A second or subsequent conviction for the

9 offense of institutional vandalism if the damage to the

10 property exceeds $300.

11 (N) A Class 3 felony violation of paragraph (1) of

12 subsection (a) of Section 2 of the Firearm Owners

13 Identification Card Act.

14 (O) A violation of Section 12-6.1 or 12-6.5 of the

15 Criminal Code of 1961 or the Criminal Code of 2012.

16 (P) A violation of paragraph (1), (2), (3), (4),

17 (5), or (7) of subsection (a) of Section 11-20.1 of the

18 Criminal Code of 1961 or the Criminal Code of 2012.

19 (Q) A violation of subsection (b) or (b-5) of

20 Section 20-1, Section 20-1.2, or Section 20-1.3 of the

21 Criminal Code of 1961 or the Criminal Code of 2012.

22 (R) A violation of Section 24-3A of the Criminal

23 Code of 1961 or the Criminal Code of 2012.

24 (S) (Blank).

25 (T) A second or subsequent violation of the

26 Methamphetamine Control and Community Protection Act.

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1 (U) A second or subsequent violation of Section

2 6-303 of the Illinois Vehicle Code committed while his

3 or her driver's license, permit, or privilege was

4 revoked because of a violation of Section 9-3 of the

5 Criminal Code of 1961 or the Criminal Code of 2012,

6 relating to the offense of reckless homicide, or a

7 similar provision of a law of another state.

8 (V) A violation of paragraph (4) of subsection (c)

9 of Section 11-20.1B or paragraph (4) of subsection (c)

10 of Section 11-20.3 of the Criminal Code of 1961, or

11 paragraph (6) of subsection (a) of Section 11-20.1 of

12 the Criminal Code of 2012 when the victim is under 13

13 years of age and the defendant has previously been

14 convicted under the laws of this State or any other

15 state of the offense of child pornography, aggravated

16 child pornography, aggravated criminal sexual abuse,

17 aggravated criminal sexual assault, predatory criminal

18 sexual assault of a child, or any of the offenses

19 formerly known as rape, deviate sexual assault,

20 indecent liberties with a child, or aggravated

21 indecent liberties with a child where the victim was

22 under the age of 18 years or an offense that is

23 substantially equivalent to those offenses.

24 (W) A violation of Section 24-3.5 of the Criminal

25 Code of 1961 or the Criminal Code of 2012.

26 (X) A violation of subsection (a) of Section 31-1a

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1 of the Criminal Code of 1961 or the Criminal Code of

2 2012.

3 (Y) A conviction for unlawful possession of a

4 firearm by a street gang member when the firearm was

5 loaded or contained firearm ammunition.

6 (Z) A Class 1 felony committed while he or she was

7 serving a term of probation or conditional discharge

8 for a felony.

9 (AA) Theft of property exceeding $500,000 and not

10 exceeding $1,000,000 in value.

11 (BB) Laundering of criminally derived property of

12 a value exceeding $500,000.

13 (CC) Knowingly selling, offering for sale, holding

14 for sale, or using 2,000 or more counterfeit items or

15 counterfeit items having a retail value in the

16 aggregate of $500,000 or more.

17 (DD) A conviction for aggravated assault under

18 paragraph (6) of subsection (c) of Section 12-2 of the

19 Criminal Code of 1961 or the Criminal Code of 2012 if

20 the firearm is aimed toward the person against whom the

21 firearm is being used.

22 (3) (Blank).

23 (4) A minimum term of imprisonment of not less than 10

24 consecutive days or 30 days of community service shall be

25 imposed for a violation of paragraph (c) of Section 6-303

26 of the Illinois Vehicle Code.

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1 (4.1) (Blank).

2 (4.2) Except as provided in paragraphs (4.3) and (4.8)

3 of this subsection (c), a minimum of 100 hours of community

4 service shall be imposed for a second violation of Section

5 6-303 of the Illinois Vehicle Code.

6 (4.3) A minimum term of imprisonment of 30 days or 300

7 hours of community service, as determined by the court,

8 shall be imposed for a second violation of subsection (c)

9 of Section 6-303 of the Illinois Vehicle Code.

10 (4.4) Except as provided in paragraphs (4.5), (4.6),

11 and (4.9) of this subsection (c), a minimum term of

12 imprisonment of 30 days or 300 hours of community service,

13 as determined by the court, shall be imposed for a third or

14 subsequent violation of Section 6-303 of the Illinois

15 Vehicle Code.

16 (4.5) A minimum term of imprisonment of 30 days shall

17 be imposed for a third violation of subsection (c) of

18 Section 6-303 of the Illinois Vehicle Code.

19 (4.6) Except as provided in paragraph (4.10) of this

20 subsection (c), a minimum term of imprisonment of 180 days

21 shall be imposed for a fourth or subsequent violation of

22 subsection (c) of Section 6-303 of the Illinois Vehicle

23 Code.

24 (4.7) A minimum term of imprisonment of not less than

25 30 consecutive days, or 300 hours of community service,

26 shall be imposed for a violation of subsection (a-5) of

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1 Section 6-303 of the Illinois Vehicle Code, as provided in

2 subsection (b-5) of that Section.

3 (4.8) A mandatory prison sentence shall be imposed for

4 a second violation of subsection (a-5) of Section 6-303 of

5 the Illinois Vehicle Code, as provided in subsection (c-5)

6 of that Section. The person's driving privileges shall be

7 revoked for a period of not less than 5 years from the date

8 of his or her release from prison.

9 (4.9) A mandatory prison sentence of not less than 4

10 and not more than 15 years shall be imposed for a third

11 violation of subsection (a-5) of Section 6-303 of the

12 Illinois Vehicle Code, as provided in subsection (d-2.5) of

13 that Section. The person's driving privileges shall be

14 revoked for the remainder of his or her life.

15 (4.10) A mandatory prison sentence for a Class 1 felony

16 shall be imposed, and the person shall be eligible for an

17 extended term sentence, for a fourth or subsequent

18 violation of subsection (a-5) of Section 6-303 of the

19 Illinois Vehicle Code, as provided in subsection (d-3.5) of

20 that Section. The person's driving privileges shall be

21 revoked for the remainder of his or her life.

22 (5) The court may sentence a corporation or

23 unincorporated association convicted of any offense to:

24 (A) a period of conditional discharge;

25 (B) a fine;

26 (C) make restitution to the victim under Section

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1 5-5-6 of this Code.

2 (5.1) In addition to any other penalties imposed, and

3 except as provided in paragraph (5.2) or (5.3), a person

4 convicted of violating subsection (c) of Section 11-907 of

5 the Illinois Vehicle Code shall have his or her driver's

6 license, permit, or privileges suspended for at least 90

7 days but not more than one year, if the violation resulted

8 in damage to the property of another person.

9 (5.2) In addition to any other penalties imposed, and

10 except as provided in paragraph (5.3), a person convicted

11 of violating subsection (c) of Section 11-907 of the

12 Illinois Vehicle Code shall have his or her driver's

13 license, permit, or privileges suspended for at least 180

14 days but not more than 2 years, if the violation resulted

15 in injury to another person.

16 (5.3) In addition to any other penalties imposed, a

17 person convicted of violating subsection (c) of Section

18 11-907 of the Illinois Vehicle Code shall have his or her

19 driver's license, permit, or privileges suspended for 2

20 years, if the violation resulted in the death of another

21 person.

22 (5.4) In addition to any other penalties imposed, a

23 person convicted of violating Section 3-707 of the Illinois

24 Vehicle Code shall have his or her driver's license,

25 permit, or privileges suspended for 3 months and until he

26 or she has paid a reinstatement fee of $100.

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1 (5.5) In addition to any other penalties imposed, a

2 person convicted of violating Section 3-707 of the Illinois

3 Vehicle Code during a period in which his or her driver's

4 license, permit, or privileges were suspended for a

5 previous violation of that Section shall have his or her

6 driver's license, permit, or privileges suspended for an

7 additional 6 months after the expiration of the original

8 3-month suspension and until he or she has paid a

9 reinstatement fee of $100.

10 (6) (Blank).

11 (7) (Blank).

12 (8) (Blank).

13 (9) A defendant convicted of a second or subsequent

14 offense of ritualized abuse of a child may be sentenced to

15 a term of natural life imprisonment.

16 (10) (Blank).

17 (11) The court shall impose a minimum fine of $1,000

18 for a first offense and $2,000 for a second or subsequent

19 offense upon a person convicted of or placed on supervision

20 for battery when the individual harmed was a sports

21 official or coach at any level of competition and the act

22 causing harm to the sports official or coach occurred

23 within an athletic facility or within the immediate

24 vicinity of the athletic facility at which the sports

25 official or coach was an active participant of the athletic

26 contest held at the athletic facility. For the purposes of

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1 this paragraph (11), "sports official" means a person at an

2 athletic contest who enforces the rules of the contest,

3 such as an umpire or referee; "athletic facility" means an

4 indoor or outdoor playing field or recreational area where

5 sports activities are conducted; and "coach" means a person

6 recognized as a coach by the sanctioning authority that

7 conducted the sporting event.

8 (12) A person may not receive a disposition of court

9 supervision for a violation of Section 5-16 of the Boat

10 Registration and Safety Act if that person has previously

11 received a disposition of court supervision for a violation

12 of that Section.

13 (13) A person convicted of or placed on court

14 supervision for an assault or aggravated assault when the

15 victim and the offender are family or household members as

16 defined in Section 103 of the Illinois Domestic Violence

17 Act of 1986 or convicted of domestic battery or aggravated

18 domestic battery may be required to attend a Partner Abuse

19 Intervention Program under protocols set forth by the

20 Illinois Department of Human Services under such terms and

21 conditions imposed by the court. The costs of such classes

22 shall be paid by the offender.

23 (d) In any case in which a sentence originally imposed is

24 vacated, the case shall be remanded to the trial court. The

25 trial court shall hold a hearing under Section 5-4-1 of the

26 Unified Code of Corrections which may include evidence of the

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1 defendant's life, moral character and occupation during the

2 time since the original sentence was passed. The trial court

3 shall then impose sentence upon the defendant. The trial court

4 may impose any sentence which could have been imposed at the

5 original trial subject to Section 5-5-4 of the Unified Code of

6 Corrections. If a sentence is vacated on appeal or on

7 collateral attack due to the failure of the trier of fact at

8 trial to determine beyond a reasonable doubt the existence of a

9 fact (other than a prior conviction) necessary to increase the

10 punishment for the offense beyond the statutory maximum

11 otherwise applicable, either the defendant may be re-sentenced

12 to a term within the range otherwise provided or, if the State

13 files notice of its intention to again seek the extended

14 sentence, the defendant shall be afforded a new trial.

15 (e) In cases where prosecution for aggravated criminal

16 sexual abuse under Section 11-1.60 or 12-16 of the Criminal

17 Code of 1961 or the Criminal Code of 2012 results in conviction

18 of a defendant who was a family member of the victim at the

19 time of the commission of the offense, the court shall consider

20 the safety and welfare of the victim and may impose a sentence

21 of probation only where:

22 (1) the court finds (A) or (B) or both are appropriate:

23 (A) the defendant is willing to undergo a court

24 approved counseling program for a minimum duration of 2

25 years; or

26 (B) the defendant is willing to participate in a

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1 court approved plan including but not limited to the

2 defendant's:

3 (i) removal from the household;

4 (ii) restricted contact with the victim;

5 (iii) continued financial support of the

6 family;

7 (iv) restitution for harm done to the victim;

8 and

9 (v) compliance with any other measures that

10 the court may deem appropriate; and

11 (2) the court orders the defendant to pay for the

12 victim's counseling services, to the extent that the court

13 finds, after considering the defendant's income and

14 assets, that the defendant is financially capable of paying

15 for such services, if the victim was under 18 years of age

16 at the time the offense was committed and requires

17 counseling as a result of the offense.

18 Probation may be revoked or modified pursuant to Section

19 5-6-4; except where the court determines at the hearing that

20 the defendant violated a condition of his or her probation

21 restricting contact with the victim or other family members or

22 commits another offense with the victim or other family

23 members, the court shall revoke the defendant's probation and

24 impose a term of imprisonment.

25 For the purposes of this Section, "family member" and

26 "victim" shall have the meanings ascribed to them in Section

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1 11-0.1 of the Criminal Code of 2012.

2 (f) (Blank).

3 (g) Whenever a defendant is convicted of an offense under

4 Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,

5 11-14.3, 11-14.4 except for an offense that involves keeping a

6 place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,

7 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,

8 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the

9 Criminal Code of 2012, the defendant shall undergo medical

10 testing to determine whether the defendant has any sexually

11 transmissible disease, including a test for infection with

12 human immunodeficiency virus (HIV) or any other identified

13 causative agent of acquired immunodeficiency syndrome (AIDS).

14 Any such medical test shall be performed only by appropriately

15 licensed medical practitioners and may include an analysis of

16 any bodily fluids as well as an examination of the defendant's

17 person. Except as otherwise provided by law, the results of

18 such test shall be kept strictly confidential by all medical

19 personnel involved in the testing and must be personally

20 delivered in a sealed envelope to the judge of the court in

21 which the conviction was entered for the judge's inspection in

22 camera. Acting in accordance with the best interests of the

23 victim and the public, the judge shall have the discretion to

24 determine to whom, if anyone, the results of the testing may be

25 revealed. The court shall notify the defendant of the test

26 results. The court shall also notify the victim if requested by

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1 the victim, and if the victim is under the age of 15 and if

2 requested by the victim's parents or legal guardian, the court

3 shall notify the victim's parents or legal guardian of the test

4 results. The court shall provide information on the

5 availability of HIV testing and counseling at Department of

6 Public Health facilities to all parties to whom the results of

7 the testing are revealed and shall direct the State's Attorney

8 to provide the information to the victim when possible. A

9 State's Attorney may petition the court to obtain the results

10 of any HIV test administered under this Section, and the court

11 shall grant the disclosure if the State's Attorney shows it is

12 relevant in order to prosecute a charge of criminal

13 transmission of HIV under Section 12-5.01 or 12-16.2 of the

14 Criminal Code of 1961 or the Criminal Code of 2012 against the

15 defendant. The court shall order that the cost of any such test

16 shall be paid by the county and may be taxed as costs against

17 the convicted defendant.

18 (g-5) When an inmate is tested for an airborne communicable

19 disease, as determined by the Illinois Department of Public

20 Health including but not limited to tuberculosis, the results

21 of the test shall be personally delivered by the warden or his

22 or her designee in a sealed envelope to the judge of the court

23 in which the inmate must appear for the judge's inspection in

24 camera if requested by the judge. Acting in accordance with the

25 best interests of those in the courtroom, the judge shall have

26 the discretion to determine what if any precautions need to be

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1 taken to prevent transmission of the disease in the courtroom.

2 (h) Whenever a defendant is convicted of an offense under

3 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the

4 defendant shall undergo medical testing to determine whether

5 the defendant has been exposed to human immunodeficiency virus

6 (HIV) or any other identified causative agent of acquired

7 immunodeficiency syndrome (AIDS). Except as otherwise provided

8 by law, the results of such test shall be kept strictly

9 confidential by all medical personnel involved in the testing

10 and must be personally delivered in a sealed envelope to the

11 judge of the court in which the conviction was entered for the

12 judge's inspection in camera. Acting in accordance with the

13 best interests of the public, the judge shall have the

14 discretion to determine to whom, if anyone, the results of the

15 testing may be revealed. The court shall notify the defendant

16 of a positive test showing an infection with the human

17 immunodeficiency virus (HIV). The court shall provide

18 information on the availability of HIV testing and counseling

19 at Department of Public Health facilities to all parties to

20 whom the results of the testing are revealed and shall direct

21 the State's Attorney to provide the information to the victim

22 when possible. A State's Attorney may petition the court to

23 obtain the results of any HIV test administered under this

24 Section, and the court shall grant the disclosure if the

25 State's Attorney shows it is relevant in order to prosecute a

26 charge of criminal transmission of HIV under Section 12-5.01 or

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1 12-16.2 of the Criminal Code of 1961 or the Criminal Code of

2 2012 against the defendant. The court shall order that the cost

3 of any such test shall be paid by the county and may be taxed as

4 costs against the convicted defendant.

5 (i) All fines and penalties imposed under this Section for

6 any violation of Chapters 3, 4, 6, and 11 of the Illinois

7 Vehicle Code, or a similar provision of a local ordinance, and

8 any violation of the Child Passenger Protection Act, or a

9 similar provision of a local ordinance, shall be collected and

10 disbursed by the circuit clerk as provided under Section 27.5

11 of the Clerks of Courts Act.

12 (j) In cases when prosecution for any violation of Section

13 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,

14 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,

15 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,

16 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,

17 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal

18 Code of 2012, any violation of the Illinois Controlled

19 Substances Act, any violation of the Cannabis Control Act, or

20 any violation of the Methamphetamine Control and Community

21 Protection Act results in conviction, a disposition of court

22 supervision, or an order of probation granted under Section 10

23 of the Cannabis Control Act, Section 410 of the Illinois

24 Controlled Substances ~~Substance~~ Act, or Section 70 of the

25 Methamphetamine Control and Community Protection Act of a

26 defendant, the court shall determine whether the defendant is

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1 employed by a facility or center as defined under the Child

2 Care Act of 1969, a public or private elementary or secondary

3 school, or otherwise works with children under 18 years of age

4 on a daily basis. When a defendant is so employed, the court

5 shall order the Clerk of the Court to send a copy of the

6 judgment of conviction or order of supervision or probation to

7 the defendant's employer by certified mail. If the employer of

8 the defendant is a school, the Clerk of the Court shall direct

9 the mailing of a copy of the judgment of conviction or order of

10 supervision or probation to the appropriate regional

11 superintendent of schools. The regional superintendent of

12 schools shall notify the State Board of Education of any

13 notification under this subsection.

14 (j-5) A defendant at least 17 years of age who is convicted

15 of a felony and who has not been previously convicted of a

16 misdemeanor or felony and who is sentenced to a term of

17 imprisonment in the Illinois Department of Corrections shall as

18 a condition of his or her sentence be required by the court to

19 attend educational courses designed to prepare the defendant

20 for a high school diploma and to work toward a high school

21 diploma or to work toward passing high school equivalency

22 testing ~~the high school level Test of General Educational~~

23 ~~Development (GED)~~or to work toward completing a vocational

24 training program offered by the Department of Corrections. If a

25 defendant fails to complete the educational training required

26 by his or her sentence during the term of incarceration, the

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1 Prisoner Review Board shall, as a condition of mandatory

2 supervised release, require the defendant, at his or her own

3 expense, to pursue a course of study toward a high school

4 diploma or passage of high school equivalency testing ~~the GED~~

5 ~~test~~. The Prisoner Review Board shall revoke the mandatory

6 supervised release of a defendant who wilfully fails to comply

7 with this subsection (j-5) upon his or her release from

8 confinement in a penal institution while serving a mandatory

9 supervised release term; however, the inability of the

10 defendant after making a good faith effort to obtain financial

11 aid or pay for the educational training shall not be deemed a

12 wilful failure to comply. The Prisoner Review Board shall

13 recommit the defendant whose mandatory supervised release term

14 has been revoked under this subsection (j-5) as provided in

15 Section 3-3-9. This subsection (j-5) does not apply to a

16 defendant who has a high school diploma or has successfully

17 passed high school equivalency testing ~~the GED test~~. This

18 subsection (j-5) does not apply to a defendant who is

19 determined by the court to be developmentally disabled or

20 otherwise mentally incapable of completing the educational or

21 vocational program.

22 (k) (Blank).

23 (l) (A) Except as provided in paragraph (C) of subsection

24 (l), whenever a defendant, who is an alien as defined by

25 the Immigration and Nationality Act, is convicted of any

26 felony or misdemeanor offense, the court after sentencing

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1 the defendant may, upon motion of the State's Attorney,

2 hold sentence in abeyance and remand the defendant to the

3 custody of the Attorney General of the United States or his

4 or her designated agent to be deported when:

5 (1) a final order of deportation has been issued

6 against the defendant pursuant to proceedings under

7 the Immigration and Nationality Act, and

8 (2) the deportation of the defendant would not

9 deprecate the seriousness of the defendant's conduct

10 and would not be inconsistent with the ends of justice.

11 Otherwise, the defendant shall be sentenced as

12 provided in this Chapter V.

13 (B) If the defendant has already been sentenced for a

14 felony or misdemeanor offense, or has been placed on

15 probation under Section 10 of the Cannabis Control Act,

16 Section 410 of the Illinois Controlled Substances Act, or

17 Section 70 of the Methamphetamine Control and Community

18 Protection Act, the court may, upon motion of the State's

19 Attorney to suspend the sentence imposed, commit the

20 defendant to the custody of the Attorney General of the

21 United States or his or her designated agent when:

22 (1) a final order of deportation has been issued

23 against the defendant pursuant to proceedings under

24 the Immigration and Nationality Act, and

25 (2) the deportation of the defendant would not

26 deprecate the seriousness of the defendant's conduct

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1 and would not be inconsistent with the ends of justice.

2 (C) This subsection (l) does not apply to offenders who

3 are subject to the provisions of paragraph (2) of

4 subsection (a) of Section 3-6-3.

5 (D) Upon motion of the State's Attorney, if a defendant

6 sentenced under this Section returns to the jurisdiction of

7 the United States, the defendant shall be recommitted to

8 the custody of the county from which he or she was

9 sentenced. Thereafter, the defendant shall be brought

10 before the sentencing court, which may impose any sentence

11 that was available under Section 5-5-3 at the time of

12 initial sentencing. In addition, the defendant shall not be

13 eligible for additional sentence credit for good conduct as

14 provided under Section 3-6-3.

15 (m) A person convicted of criminal defacement of property

16 under Section 21-1.3 of the Criminal Code of 1961 or the

17 Criminal Code of 2012, in which the property damage exceeds

18 $300 and the property damaged is a school building, shall be

19 ordered to perform community service that may include cleanup,

20 removal, or painting over the defacement.

21 (n) The court may sentence a person convicted of a

22 violation of Section 12-19, 12-21, 16-1.3, or 17-56, or

23 subsection (a) or (b) of Section 12-4.4a, of the Criminal Code

24 of 1961 or the Criminal Code of 2012 (i) to an impact

25 incarceration program if the person is otherwise eligible for

26 that program under Section 5-8-1.1, (ii) to community service,

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1 or (iii) if the person is an addict or alcoholic, as defined in

2 the Alcoholism and Other Drug Abuse and Dependency Act, to a

3 substance or alcohol abuse program licensed under that Act.

4 (o) Whenever a person is convicted of a sex offense as

5 defined in Section 2 of the Sex Offender Registration Act, the

6 defendant's driver's license or permit shall be subject to

7 renewal on an annual basis in accordance with the provisions of

8 license renewal established by the Secretary of State.

9 (Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09;

10 96-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article

11 1, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065,

12 eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11;

13 97-159, eff. 7-21-11; 97-697, eff. 6-22-12; 97-917, eff.

14 8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,

15 eff. 1-25-13; revised 11-12-13.)

16 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)

17 Sec. 5-6-3. Conditions of Probation and of Conditional

18 Discharge.

19 (a) The conditions of probation and of conditional

20 discharge shall be that the person:

21 (1) not violate any criminal statute of any

22 jurisdiction;

23 (2) report to or appear in person before such person or

24 agency as directed by the court;

25 (3) refrain from possessing a firearm or other

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1 dangerous weapon where the offense is a felony or, if a

2 misdemeanor, the offense involved the intentional or

3 knowing infliction of bodily harm or threat of bodily harm;

4 (4) not leave the State without the consent of the

5 court or, in circumstances in which the reason for the

6 absence is of such an emergency nature that prior consent

7 by the court is not possible, without the prior

8 notification and approval of the person's probation

9 officer. Transfer of a person's probation or conditional

10 discharge supervision to another state is subject to

11 acceptance by the other state pursuant to the Interstate

12 Compact for Adult Offender Supervision;

13 (5) permit the probation officer to visit him at his

14 home or elsewhere to the extent necessary to discharge his

15 duties;

16 (6) perform no less than 30 hours of community service

17 and not more than 120 hours of community service, if

18 community service is available in the jurisdiction and is

19 funded and approved by the county board where the offense

20 was committed, where the offense was related to or in

21 furtherance of the criminal activities of an organized gang

22 and was motivated by the offender's membership in or

23 allegiance to an organized gang. The community service

24 shall include, but not be limited to, the cleanup and

25 repair of any damage caused by a violation of Section

26 21-1.3 of the Criminal Code of 1961 or the Criminal Code of

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1 2012 and similar damage to property located within the

2 municipality or county in which the violation occurred.

3 When possible and reasonable, the community service should

4 be performed in the offender's neighborhood. For purposes

5 of this Section, "organized gang" has the meaning ascribed

6 to it in Section 10 of the Illinois Streetgang Terrorism

7 Omnibus Prevention Act;

8 (7) if he or she is at least 17 years of age and has

9 been sentenced to probation or conditional discharge for a

10 misdemeanor or felony in a county of 3,000,000 or more

11 inhabitants and has not been previously convicted of a

12 misdemeanor or felony, may be required by the sentencing

13 court to attend educational courses designed to prepare the

14 defendant for a high school diploma and to work toward a

15 high school diploma or to work toward passing high school

16 equivalency testing ~~the high school level Test of General~~

17 ~~Educational Development (GED)~~or to work toward completing

18 a vocational training program approved by the court. The

19 person on probation or conditional discharge must attend a

20 public institution of education to obtain the educational

21 or vocational training required by this clause (7). The

22 court shall revoke the probation or conditional discharge

23 of a person who wilfully fails to comply with this clause

24 (7). The person on probation or conditional discharge shall

25 be required to pay for the cost of the educational courses

26 or high school equivalency testing ~~GED test,~~ if a fee is

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1 charged for those courses or testing~~test~~. The court shall

2 resentence the offender whose probation or conditional

3 discharge has been revoked as provided in Section 5-6-4.

4 This clause (7) does not apply to a person who has a high

5 school diploma or has successfully passed high school

6 equivalency testing~~the GED test~~. This clause (7) does not

7 apply to a person who is determined by the court to be

8 developmentally disabled or otherwise mentally incapable

9 of completing the educational or vocational program;

10 (8) if convicted of possession of a substance

11 prohibited by the Cannabis Control Act, the Illinois

12 Controlled Substances Act, or the Methamphetamine Control

13 and Community Protection Act after a previous conviction or

14 disposition of supervision for possession of a substance

15 prohibited by the Cannabis Control Act or Illinois

16 Controlled Substances Act or after a sentence of probation

17 under Section 10 of the Cannabis Control Act, Section 410

18 of the Illinois Controlled Substances Act, or Section 70 of

19 the Methamphetamine Control and Community Protection Act

20 and upon a finding by the court that the person is

21 addicted, undergo treatment at a substance abuse program

22 approved by the court;

23 (8.5) if convicted of a felony sex offense as defined

24 in the Sex Offender Management Board Act, the person shall

25 undergo and successfully complete sex offender treatment

26 by a treatment provider approved by the Board and conducted

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1 in conformance with the standards developed under the Sex

2 Offender Management Board Act;

3 (8.6) if convicted of a sex offense as defined in the

4 Sex Offender Management Board Act, refrain from residing at

5 the same address or in the same condominium unit or

6 apartment unit or in the same condominium complex or

7 apartment complex with another person he or she knows or

8 reasonably should know is a convicted sex offender or has

9 been placed on supervision for a sex offense; the

10 provisions of this paragraph do not apply to a person

11 convicted of a sex offense who is placed in a Department of

12 Corrections licensed transitional housing facility for sex

13 offenders;

14 (8.7) if convicted for an offense committed on or after

15 June 1, 2008 (the effective date of Public Act 95-464) that

16 would qualify the accused as a child sex offender as

17 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of

18 1961 or the Criminal Code of 2012, refrain from

19 communicating with or contacting, by means of the Internet,

20 a person who is not related to the accused and whom the

21 accused reasonably believes to be under 18 years of age;

22 for purposes of this paragraph (8.7), "Internet" has the

23 meaning ascribed to it in Section 16-0.1 of the Criminal

24 Code of 2012; and a person is not related to the accused if

25 the person is not: (i) the spouse, brother, or sister of

26 the accused; (ii) a descendant of the accused; (iii) a

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1 first or second cousin of the accused; or (iv) a step-child

2 or adopted child of the accused;

3 (8.8) if convicted for an offense under Section 11-6,

4 11-9.1, 11-14.4 that involves soliciting for a juvenile

5 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21

6 of the Criminal Code of 1961 or the Criminal Code of 2012,

7 or any attempt to commit any of these offenses, committed

8 on or after June 1, 2009 (the effective date of Public Act

9 95-983):

10 (i) not access or use a computer or any other

11 device with Internet capability without the prior

12 written approval of the offender's probation officer,

13 except in connection with the offender's employment or

14 search for employment with the prior approval of the

15 offender's probation officer;

16 (ii) submit to periodic unannounced examinations

17 of the offender's computer or any other device with

18 Internet capability by the offender's probation

19 officer, a law enforcement officer, or assigned

20 computer or information technology specialist,

21 including the retrieval and copying of all data from

22 the computer or device and any internal or external

23 peripherals and removal of such information,

24 equipment, or device to conduct a more thorough

25 inspection;

26 (iii) submit to the installation on the offender's

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1 computer or device with Internet capability, at the

2 offender's expense, of one or more hardware or software

3 systems to monitor the Internet use; and

4 (iv) submit to any other appropriate restrictions

5 concerning the offender's use of or access to a

6 computer or any other device with Internet capability

7 imposed by the offender's probation officer;

8 (8.9) if convicted of a sex offense as defined in the

9 Sex Offender Registration Act committed on or after January

10 1, 2010 (the effective date of Public Act 96-262), refrain

11 from accessing or using a social networking website as

12 defined in Section 17-0.5 of the Criminal Code of 2012;

13 (9) if convicted of a felony or of any misdemeanor

14 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or

15 12-3.5 of the Criminal Code of 1961 or the Criminal Code of

16 2012 that was determined, pursuant to Section 112A-11.1 of

17 the Code of Criminal Procedure of 1963, to trigger the

18 prohibitions of 18 U.S.C. 922(g)(9), physically surrender

19 at a time and place designated by the court, his or her

20 Firearm Owner's Identification Card and any and all

21 firearms in his or her possession. The Court shall return

22 to the Department of State Police Firearm Owner's

23 Identification Card Office the person's Firearm Owner's

24 Identification Card;

25 (10) if convicted of a sex offense as defined in

26 subsection (a-5) of Section 3-1-2 of this Code, unless the

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1 offender is a parent or guardian of the person under 18

2 years of age present in the home and no non-familial minors

3 are present, not participate in a holiday event involving

4 children under 18 years of age, such as distributing candy

5 or other items to children on Halloween, wearing a Santa

6 Claus costume on or preceding Christmas, being employed as

7 a department store Santa Claus, or wearing an Easter Bunny

8 costume on or preceding Easter;

9 (11) if convicted of a sex offense as defined in

10 Section 2 of the Sex Offender Registration Act committed on

11 or after January 1, 2010 (the effective date of Public Act

12 96-362) that requires the person to register as a sex

13 offender under that Act, may not knowingly use any computer

14 scrub software on any computer that the sex offender uses;

15 and

16 (12) if convicted of a violation of the Methamphetamine

17 Control and Community Protection Act, the Methamphetamine

18 Precursor Control Act, or a methamphetamine related

19 offense:

20 (A) prohibited from purchasing, possessing, or

21 having under his or her control any product containing

22 pseudoephedrine unless prescribed by a physician; and

23 (B) prohibited from purchasing, possessing, or

24 having under his or her control any product containing

25 ammonium nitrate.

26 (b) The Court may in addition to other reasonable

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1 conditions relating to the nature of the offense or the

2 rehabilitation of the defendant as determined for each

3 defendant in the proper discretion of the Court require that

4 the person:

5 (1) serve a term of periodic imprisonment under Article

6 7 for a period not to exceed that specified in paragraph

7 (d) of Section 5-7-1;

8 (2) pay a fine and costs;

9 (3) work or pursue a course of study or vocational

10 training;

11 (4) undergo medical, psychological or psychiatric

12 treatment; or treatment for drug addiction or alcoholism;

13 (5) attend or reside in a facility established for the

14 instruction or residence of defendants on probation;

15 (6) support his dependents;

16 (7) and in addition, if a minor:

17 (i) reside with his parents or in a foster home;

18 (ii) attend school;

19 (iii) attend a non-residential program for youth;

20 (iv) contribute to his own support at home or in a

21 foster home;

22 (v) with the consent of the superintendent of the

23 facility, attend an educational program at a facility

24 other than the school in which the offense was

25 committed if he or she is convicted of a crime of

26 violence as defined in Section 2 of the Crime Victims

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1 Compensation Act committed in a school, on the real

2 property comprising a school, or within 1,000 feet of

3 the real property comprising a school;

4 (8) make restitution as provided in Section 5-5-6 of

5 this Code;

6 (9) perform some reasonable public or community

7 service;

8 (10) serve a term of home confinement. In addition to

9 any other applicable condition of probation or conditional

10 discharge, the conditions of home confinement shall be that

11 the offender:

12 (i) remain within the interior premises of the

13 place designated for his confinement during the hours

14 designated by the court;

15 (ii) admit any person or agent designated by the

16 court into the offender's place of confinement at any

17 time for purposes of verifying the offender's

18 compliance with the conditions of his confinement; and

19 (iii) if further deemed necessary by the court or

20 the Probation or Court Services Department, be placed

21 on an approved electronic monitoring device, subject

22 to Article 8A of Chapter V;

23 (iv) for persons convicted of any alcohol,

24 cannabis or controlled substance violation who are

25 placed on an approved monitoring device as a condition

26 of probation or conditional discharge, the court shall

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1 impose a reasonable fee for each day of the use of the

2 device, as established by the county board in

3 subsection (g) of this Section, unless after

4 determining the inability of the offender to pay the

5 fee, the court assesses a lesser fee or no fee as the

6 case may be. This fee shall be imposed in addition to

7 the fees imposed under subsections (g) and (i) of this

8 Section. The fee shall be collected by the clerk of the

9 circuit court. The clerk of the circuit court shall pay

10 all monies collected from this fee to the county

11 treasurer for deposit in the substance abuse services

12 fund under Section 5-1086.1 of the Counties Code; and

13 (v) for persons convicted of offenses other than

14 those referenced in clause (iv) above and who are

15 placed on an approved monitoring device as a condition

16 of probation or conditional discharge, the court shall

17 impose a reasonable fee for each day of the use of the

18 device, as established by the county board in

19 subsection (g) of this Section, unless after

20 determining the inability of the defendant to pay the

21 fee, the court assesses a lesser fee or no fee as the

22 case may be. This fee shall be imposed in addition to

23 the fees imposed under subsections (g) and (i) of this

24 Section. The fee shall be collected by the clerk of the

25 circuit court. The clerk of the circuit court shall pay

26 all monies collected from this fee to the county

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1 treasurer who shall use the monies collected to defray

2 the costs of corrections. The county treasurer shall

3 deposit the fee collected in the probation and court

4 services fund.

5 (11) comply with the terms and conditions of an order

6 of protection issued by the court pursuant to the Illinois

7 Domestic Violence Act of 1986, as now or hereafter amended,

8 or an order of protection issued by the court of another

9 state, tribe, or United States territory. A copy of the

10 order of protection shall be transmitted to the probation

11 officer or agency having responsibility for the case;

12 (12) reimburse any "local anti-crime program" as

13 defined in Section 7 of the Anti-Crime Advisory Council Act

14 for any reasonable expenses incurred by the program on the

15 offender's case, not to exceed the maximum amount of the

16 fine authorized for the offense for which the defendant was

17 sentenced;

18 (13) contribute a reasonable sum of money, not to

19 exceed the maximum amount of the fine authorized for the

20 offense for which the defendant was sentenced, (i) to a

21 "local anti-crime program", as defined in Section 7 of the

22 Anti-Crime Advisory Council Act, or (ii) for offenses under

23 the jurisdiction of the Department of Natural Resources, to

24 the fund established by the Department of Natural Resources

25 for the purchase of evidence for investigation purposes and

26 to conduct investigations as outlined in Section 805-105 of

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1 the Department of Natural Resources (Conservation) Law;

2 (14) refrain from entering into a designated

3 geographic area except upon such terms as the court finds

4 appropriate. Such terms may include consideration of the

5 purpose of the entry, the time of day, other persons

6 accompanying the defendant, and advance approval by a

7 probation officer, if the defendant has been placed on

8 probation or advance approval by the court, if the

9 defendant was placed on conditional discharge;

10 (15) refrain from having any contact, directly or

11 indirectly, with certain specified persons or particular

12 types of persons, including but not limited to members of

13 street gangs and drug users or dealers;

14 (16) refrain from having in his or her body the

15 presence of any illicit drug prohibited by the Cannabis

16 Control Act, the Illinois Controlled Substances Act, or the

17 Methamphetamine Control and Community Protection Act,

18 unless prescribed by a physician, and submit samples of his

19 or her blood or urine or both for tests to determine the

20 presence of any illicit drug;

21 (17) if convicted for an offense committed on or after

22 June 1, 2008 (the effective date of Public Act 95-464) that

23 would qualify the accused as a child sex offender as

24 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of

25 1961 or the Criminal Code of 2012, refrain from

26 communicating with or contacting, by means of the Internet,

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1 a person who is related to the accused and whom the accused

2 reasonably believes to be under 18 years of age; for

3 purposes of this paragraph (17), "Internet" has the meaning

4 ascribed to it in Section 16-0.1 of the Criminal Code of

5 2012; and a person is related to the accused if the person

6 is: (i) the spouse, brother, or sister of the accused; (ii)

7 a descendant of the accused; (iii) a first or second cousin

8 of the accused; or (iv) a step-child or adopted child of

9 the accused;

10 (18) if convicted for an offense committed on or after

11 June 1, 2009 (the effective date of Public Act 95-983) that

12 would qualify as a sex offense as defined in the Sex

13 Offender Registration Act:

14 (i) not access or use a computer or any other

15 device with Internet capability without the prior

16 written approval of the offender's probation officer,

17 except in connection with the offender's employment or

18 search for employment with the prior approval of the

19 offender's probation officer;

20 (ii) submit to periodic unannounced examinations

21 of the offender's computer or any other device with

22 Internet capability by the offender's probation

23 officer, a law enforcement officer, or assigned

24 computer or information technology specialist,

25 including the retrieval and copying of all data from

26 the computer or device and any internal or external

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1 peripherals and removal of such information,

2 equipment, or device to conduct a more thorough

3 inspection;

4 (iii) submit to the installation on the offender's

5 computer or device with Internet capability, at the

6 subject's expense, of one or more hardware or software

7 systems to monitor the Internet use; and

8 (iv) submit to any other appropriate restrictions

9 concerning the offender's use of or access to a

10 computer or any other device with Internet capability

11 imposed by the offender's probation officer; and

12 (19) refrain from possessing a firearm or other

13 dangerous weapon where the offense is a misdemeanor that

14 did not involve the intentional or knowing infliction of

15 bodily harm or threat of bodily harm.

16 (c) The court may as a condition of probation or of

17 conditional discharge require that a person under 18 years of

18 age found guilty of any alcohol, cannabis or controlled

19 substance violation, refrain from acquiring a driver's license

20 during the period of probation or conditional discharge. If

21 such person is in possession of a permit or license, the court

22 may require that the minor refrain from driving or operating

23 any motor vehicle during the period of probation or conditional

24 discharge, except as may be necessary in the course of the

25 minor's lawful employment.

26 (d) An offender sentenced to probation or to conditional

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1 discharge shall be given a certificate setting forth the

2 conditions thereof.

3 (e) Except where the offender has committed a fourth or

4 subsequent violation of subsection (c) of Section 6-303 of the

5 Illinois Vehicle Code, the court shall not require as a

6 condition of the sentence of probation or conditional discharge

7 that the offender be committed to a period of imprisonment in

8 excess of 6 months. This 6 month limit shall not include

9 periods of confinement given pursuant to a sentence of county

10 impact incarceration under Section 5-8-1.2.

11 Persons committed to imprisonment as a condition of

12 probation or conditional discharge shall not be committed to

13 the Department of Corrections.

14 (f) The court may combine a sentence of periodic

15 imprisonment under Article 7 or a sentence to a county impact

16 incarceration program under Article 8 with a sentence of

17 probation or conditional discharge.

18 (g) An offender sentenced to probation or to conditional

19 discharge and who during the term of either undergoes mandatory

20 drug or alcohol testing, or both, or is assigned to be placed

21 on an approved electronic monitoring device, shall be ordered

22 to pay all costs incidental to such mandatory drug or alcohol

23 testing, or both, and all costs incidental to such approved

24 electronic monitoring in accordance with the defendant's

25 ability to pay those costs. The county board with the

26 concurrence of the Chief Judge of the judicial circuit in which

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1 the county is located shall establish reasonable fees for the

2 cost of maintenance, testing, and incidental expenses related

3 to the mandatory drug or alcohol testing, or both, and all

4 costs incidental to approved electronic monitoring, involved

5 in a successful probation program for the county. The

6 concurrence of the Chief Judge shall be in the form of an

7 administrative order. The fees shall be collected by the clerk

8 of the circuit court. The clerk of the circuit court shall pay

9 all moneys collected from these fees to the county treasurer

10 who shall use the moneys collected to defray the costs of drug

11 testing, alcohol testing, and electronic monitoring. The

12 county treasurer shall deposit the fees collected in the county

13 working cash fund under Section 6-27001 or Section 6-29002 of

14 the Counties Code, as the case may be.

15 (h) Jurisdiction over an offender may be transferred from

16 the sentencing court to the court of another circuit with the

17 concurrence of both courts. Further transfers or retransfers of

18 jurisdiction are also authorized in the same manner. The court

19 to which jurisdiction has been transferred shall have the same

20 powers as the sentencing court. The probation department within

21 the circuit to which jurisdiction has been transferred, or

22 which has agreed to provide supervision, may impose probation

23 fees upon receiving the transferred offender, as provided in

24 subsection (i). For all transfer cases, as defined in Section

25 9b of the Probation and Probation Officers Act, the probation

26 department from the original sentencing court shall retain all

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1 probation fees collected prior to the transfer. After the

2 transfer all probation fees shall be paid to the probation

3 department within the circuit to which jurisdiction has been

4 transferred.

5 (i) The court shall impose upon an offender sentenced to

6 probation after January 1, 1989 or to conditional discharge

7 after January 1, 1992 or to community service under the

8 supervision of a probation or court services department after

9 January 1, 2004, as a condition of such probation or

10 conditional discharge or supervised community service, a fee of

11 $50 for each month of probation or conditional discharge

12 supervision or supervised community service ordered by the

13 court, unless after determining the inability of the person

14 sentenced to probation or conditional discharge or supervised

15 community service to pay the fee, the court assesses a lesser

16 fee. The court may not impose the fee on a minor who is made a

17 ward of the State under the Juvenile Court Act of 1987 while

18 the minor is in placement. The fee shall be imposed only upon

19 an offender who is actively supervised by the probation and

20 court services department. The fee shall be collected by the

21 clerk of the circuit court. The clerk of the circuit court

22 shall pay all monies collected from this fee to the county

23 treasurer for deposit in the probation and court services fund

24 under Section 15.1 of the Probation and Probation Officers Act.

25 A circuit court may not impose a probation fee under this

26 subsection (i) in excess of $25 per month unless the circuit

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1 court has adopted, by administrative order issued by the chief

2 judge, a standard probation fee guide determining an offender's

3 ability to pay Of the amount collected as a probation fee, up

4 to $5 of that fee collected per month may be used to provide

5 services to crime victims and their families.

6 The Court may only waive probation fees based on an

7 offender's ability to pay. The probation department may

8 re-evaluate an offender's ability to pay every 6 months, and,

9 with the approval of the Director of Court Services or the

10 Chief Probation Officer, adjust the monthly fee amount. An

11 offender may elect to pay probation fees due in a lump sum. Any

12 offender that has been assigned to the supervision of a

13 probation department, or has been transferred either under

14 subsection (h) of this Section or under any interstate compact,

15 shall be required to pay probation fees to the department

16 supervising the offender, based on the offender's ability to

17 pay.

18 This amendatory Act of the 93rd General Assembly deletes

19 the $10 increase in the fee under this subsection that was

20 imposed by Public Act 93-616. This deletion is intended to

21 control over any other Act of the 93rd General Assembly that

22 retains or incorporates that fee increase.

23 (i-5) In addition to the fees imposed under subsection (i)

24 of this Section, in the case of an offender convicted of a

25 felony sex offense (as defined in the Sex Offender Management

26 Board Act) or an offense that the court or probation department

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1 has determined to be sexually motivated (as defined in the Sex

2 Offender Management Board Act), the court or the probation

3 department shall assess additional fees to pay for all costs of

4 treatment, assessment, evaluation for risk and treatment, and

5 monitoring the offender, based on that offender's ability to

6 pay those costs either as they occur or under a payment plan.

7 (j) All fines and costs imposed under this Section for any

8 violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle

9 Code, or a similar provision of a local ordinance, and any

10 violation of the Child Passenger Protection Act, or a similar

11 provision of a local ordinance, shall be collected and

12 disbursed by the circuit clerk as provided under Section 27.5

13 of the Clerks of Courts Act.

14 (k) Any offender who is sentenced to probation or

15 conditional discharge for a felony sex offense as defined in

16 the Sex Offender Management Board Act or any offense that the

17 court or probation department has determined to be sexually

18 motivated as defined in the Sex Offender Management Board Act

19 shall be required to refrain from any contact, directly or

20 indirectly, with any persons specified by the court and shall

21 be available for all evaluations and treatment programs

22 required by the court or the probation department.

23 (l) The court may order an offender who is sentenced to

24 probation or conditional discharge for a violation of an order

25 of protection be placed under electronic surveillance as

26 provided in Section 5-8A-7 of this Code.

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1 (Source: P.A. 97-454, eff. 1-1-12; 97-560, eff. 1-1-12; 97-597,

2 eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1131, eff. 1-1-13;

3 97-1150, eff. 1-25-13; 98-575, eff. 1-1-14.)

4 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)

5 Sec. 5-6-3.1. Incidents and Conditions of Supervision.

6 (a) When a defendant is placed on supervision, the court

7 shall enter an order for supervision specifying the period of

8 such supervision, and shall defer further proceedings in the

9 case until the conclusion of the period.

10 (b) The period of supervision shall be reasonable under all

11 of the circumstances of the case, but may not be longer than 2

12 years, unless the defendant has failed to pay the assessment

13 required by Section 10.3 of the Cannabis Control Act, Section

14 411.2 of the Illinois Controlled Substances Act, or Section 80

15 of the Methamphetamine Control and Community Protection Act, in

16 which case the court may extend supervision beyond 2 years.

17 Additionally, the court shall order the defendant to perform no

18 less than 30 hours of community service and not more than 120

19 hours of community service, if community service is available

20 in the jurisdiction and is funded and approved by the county

21 board where the offense was committed, when the offense (1) was

22 related to or in furtherance of the criminal activities of an

23 organized gang or was motivated by the defendant's membership

24 in or allegiance to an organized gang; or (2) is a violation of

25 any Section of Article 24 of the Criminal Code of 1961 or the

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1 Criminal Code of 2012 where a disposition of supervision is not

2 prohibited by Section 5-6-1 of this Code. The community service

3 shall include, but not be limited to, the cleanup and repair of

4 any damage caused by violation of Section 21-1.3 of the

5 Criminal Code of 1961 or the Criminal Code of 2012 and similar

6 damages to property located within the municipality or county

7 in which the violation occurred. Where possible and reasonable,

8 the community service should be performed in the offender's

9 neighborhood.

10 For the purposes of this Section, "organized gang" has the

11 meaning ascribed to it in Section 10 of the Illinois Streetgang

12 Terrorism Omnibus Prevention Act.

13 (c) The court may in addition to other reasonable

14 conditions relating to the nature of the offense or the

15 rehabilitation of the defendant as determined for each

16 defendant in the proper discretion of the court require that

17 the person:

18 (1) make a report to and appear in person before or

19 participate with the court or such courts, person, or

20 social service agency as directed by the court in the order

21 of supervision;

22 (2) pay a fine and costs;

23 (3) work or pursue a course of study or vocational

24 training;

25 (4) undergo medical, psychological or psychiatric

26 treatment; or treatment for drug addiction or alcoholism;

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1 (5) attend or reside in a facility established for the

2 instruction or residence of defendants on probation;

3 (6) support his dependents;

4 (7) refrain from possessing a firearm or other

5 dangerous weapon;

6 (8) and in addition, if a minor:

7 (i) reside with his parents or in a foster home;

8 (ii) attend school;

9 (iii) attend a non-residential program for youth;

10 (iv) contribute to his own support at home or in a

11 foster home; or

12 (v) with the consent of the superintendent of the

13 facility, attend an educational program at a facility

14 other than the school in which the offense was

15 committed if he or she is placed on supervision for a

16 crime of violence as defined in Section 2 of the Crime

17 Victims Compensation Act committed in a school, on the

18 real property comprising a school, or within 1,000 feet

19 of the real property comprising a school;

20 (9) make restitution or reparation in an amount not to

21 exceed actual loss or damage to property and pecuniary loss

22 or make restitution under Section 5-5-6 to a domestic

23 violence shelter. The court shall determine the amount and

24 conditions of payment;

25 (10) perform some reasonable public or community

26 service;

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1 (11) comply with the terms and conditions of an order

2 of protection issued by the court pursuant to the Illinois

3 Domestic Violence Act of 1986 or an order of protection

4 issued by the court of another state, tribe, or United

5 States territory. If the court has ordered the defendant to

6 make a report and appear in person under paragraph (1) of

7 this subsection, a copy of the order of protection shall be

8 transmitted to the person or agency so designated by the

9 court;

10 (12) reimburse any "local anti-crime program" as

11 defined in Section 7 of the Anti-Crime Advisory Council Act

12 for any reasonable expenses incurred by the program on the

13 offender's case, not to exceed the maximum amount of the

14 fine authorized for the offense for which the defendant was

15 sentenced;

16 (13) contribute a reasonable sum of money, not to

17 exceed the maximum amount of the fine authorized for the

18 offense for which the defendant was sentenced, (i) to a

19 "local anti-crime program", as defined in Section 7 of the

20 Anti-Crime Advisory Council Act, or (ii) for offenses under

21 the jurisdiction of the Department of Natural Resources, to

22 the fund established by the Department of Natural Resources

23 for the purchase of evidence for investigation purposes and

24 to conduct investigations as outlined in Section 805-105 of

25 the Department of Natural Resources (Conservation) Law;

26 (14) refrain from entering into a designated

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1 geographic area except upon such terms as the court finds

2 appropriate. Such terms may include consideration of the

3 purpose of the entry, the time of day, other persons

4 accompanying the defendant, and advance approval by a

5 probation officer;

6 (15) refrain from having any contact, directly or

7 indirectly, with certain specified persons or particular

8 types of person, including but not limited to members of

9 street gangs and drug users or dealers;

10 (16) refrain from having in his or her body the

11 presence of any illicit drug prohibited by the Cannabis

12 Control Act, the Illinois Controlled Substances Act, or the

13 Methamphetamine Control and Community Protection Act,

14 unless prescribed by a physician, and submit samples of his

15 or her blood or urine or both for tests to determine the

16 presence of any illicit drug;

17 (17) refrain from operating any motor vehicle not

18 equipped with an ignition interlock device as defined in

19 Section 1-129.1 of the Illinois Vehicle Code; under this

20 condition the court may allow a defendant who is not

21 self-employed to operate a vehicle owned by the defendant's

22 employer that is not equipped with an ignition interlock

23 device in the course and scope of the defendant's

24 employment; and

25 (18) if placed on supervision for a sex offense as

26 defined in subsection (a-5) of Section 3-1-2 of this Code,

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1 unless the offender is a parent or guardian of the person

2 under 18 years of age present in the home and no

3 non-familial minors are present, not participate in a

4 holiday event involving children under 18 years of age,

5 such as distributing candy or other items to children on

6 Halloween, wearing a Santa Claus costume on or preceding

7 Christmas, being employed as a department store Santa

8 Claus, or wearing an Easter Bunny costume on or preceding

9 Easter.

10 (d) The court shall defer entering any judgment on the

11 charges until the conclusion of the supervision.

12 (e) At the conclusion of the period of supervision, if the

13 court determines that the defendant has successfully complied

14 with all of the conditions of supervision, the court shall

15 discharge the defendant and enter a judgment dismissing the

16 charges.

17 (f) Discharge and dismissal upon a successful conclusion of

18 a disposition of supervision shall be deemed without

19 adjudication of guilt and shall not be termed a conviction for

20 purposes of disqualification or disabilities imposed by law

21 upon conviction of a crime. Two years after the discharge and

22 dismissal under this Section, unless the disposition of

23 supervision was for a violation of Sections 3-707, 3-708,

24 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a

25 similar provision of a local ordinance, or for a violation of

26 Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961

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1 or the Criminal Code of 2012, in which case it shall be 5 years

2 after discharge and dismissal, a person may have his record of

3 arrest sealed or expunged as may be provided by law. However,

4 any defendant placed on supervision before January 1, 1980, may

5 move for sealing or expungement of his arrest record, as

6 provided by law, at any time after discharge and dismissal

7 under this Section. A person placed on supervision for a sexual

8 offense committed against a minor as defined in clause

9 (a)(1)(L) of Section 5.2 of the Criminal Identification Act or

10 for a violation of Section 11-501 of the Illinois Vehicle Code

11 or a similar provision of a local ordinance shall not have his

12 or her record of arrest sealed or expunged.

13 (g) A defendant placed on supervision and who during the

14 period of supervision undergoes mandatory drug or alcohol

15 testing, or both, or is assigned to be placed on an approved

16 electronic monitoring device, shall be ordered to pay the costs

17 incidental to such mandatory drug or alcohol testing, or both,

18 and costs incidental to such approved electronic monitoring in

19 accordance with the defendant's ability to pay those costs. The

20 county board with the concurrence of the Chief Judge of the

21 judicial circuit in which the county is located shall establish

22 reasonable fees for the cost of maintenance, testing, and

23 incidental expenses related to the mandatory drug or alcohol

24 testing, or both, and all costs incidental to approved

25 electronic monitoring, of all defendants placed on

26 supervision. The concurrence of the Chief Judge shall be in the

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1 form of an administrative order. The fees shall be collected by

2 the clerk of the circuit court. The clerk of the circuit court

3 shall pay all moneys collected from these fees to the county

4 treasurer who shall use the moneys collected to defray the

5 costs of drug testing, alcohol testing, and electronic

6 monitoring. The county treasurer shall deposit the fees

7 collected in the county working cash fund under Section 6-27001

8 or Section 6-29002 of the Counties Code, as the case may be.

9 (h) A disposition of supervision is a final order for the

10 purposes of appeal.

11 (i) The court shall impose upon a defendant placed on

12 supervision after January 1, 1992 or to community service under

13 the supervision of a probation or court services department

14 after January 1, 2004, as a condition of supervision or

15 supervised community service, a fee of $50 for each month of

16 supervision or supervised community service ordered by the

17 court, unless after determining the inability of the person

18 placed on supervision or supervised community service to pay

19 the fee, the court assesses a lesser fee. The court may not

20 impose the fee on a minor who is made a ward of the State under

21 the Juvenile Court Act of 1987 while the minor is in placement.

22 The fee shall be imposed only upon a defendant who is actively

23 supervised by the probation and court services department. The

24 fee shall be collected by the clerk of the circuit court. The

25 clerk of the circuit court shall pay all monies collected from

26 this fee to the county treasurer for deposit in the probation

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1 and court services fund pursuant to Section 15.1 of the

2 Probation and Probation Officers Act.

3 A circuit court may not impose a probation fee in excess of

4 $25 per month unless the circuit court has adopted, by

5 administrative order issued by the chief judge, a standard

6 probation fee guide determining an offender's ability to pay.

7 Of the amount collected as a probation fee, not to exceed $5 of

8 that fee collected per month may be used to provide services to

9 crime victims and their families.

10 The Court may only waive probation fees based on an

11 offender's ability to pay. The probation department may

12 re-evaluate an offender's ability to pay every 6 months, and,

13 with the approval of the Director of Court Services or the

14 Chief Probation Officer, adjust the monthly fee amount. An

15 offender may elect to pay probation fees due in a lump sum. Any

16 offender that has been assigned to the supervision of a

17 probation department, or has been transferred either under

18 subsection (h) of this Section or under any interstate compact,

19 shall be required to pay probation fees to the department

20 supervising the offender, based on the offender's ability to

21 pay.

22 (j) All fines and costs imposed under this Section for any

23 violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle

24 Code, or a similar provision of a local ordinance, and any

25 violation of the Child Passenger Protection Act, or a similar

26 provision of a local ordinance, shall be collected and

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1 disbursed by the circuit clerk as provided under Section 27.5

2 of the Clerks of Courts Act.

3 (k) A defendant at least 17 years of age who is placed on

4 supervision for a misdemeanor in a county of 3,000,000 or more

5 inhabitants and who has not been previously convicted of a

6 misdemeanor or felony may as a condition of his or her

7 supervision be required by the court to attend educational

8 courses designed to prepare the defendant for a high school

9 diploma and to work toward a high school diploma or to work

10 toward passing high school equivalency testing ~~the high school~~

11 ~~level Test of General Educational Development (GED)~~or to work

12 toward completing a vocational training program approved by the

13 court. The defendant placed on supervision must attend a public

14 institution of education to obtain the educational or

15 vocational training required by this subsection (k). The

16 defendant placed on supervision shall be required to pay for

17 the cost of the educational courses orhigh school equivalency

18 testing ~~GED test,~~if a fee is charged for those courses or

19 testing ~~test~~. The court shall revoke the supervision of a

20 person who wilfully fails to comply with this subsection (k).

21 The court shall resentence the defendant upon revocation of

22 supervision as provided in Section 5-6-4. This subsection (k)

23 does not apply to a defendant who has a high school diploma or

24 has successfully passedhigh school equivalency testing ~~the GED~~

25 ~~test~~. This subsection (k) does not apply to a defendant who is

26 determined by the court to be developmentally disabled or

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1 otherwise mentally incapable of completing the educational or

2 vocational program.

3 (l) The court shall require a defendant placed on

4 supervision for possession of a substance prohibited by the

5 Cannabis Control Act, the Illinois Controlled Substances Act,

6 or the Methamphetamine Control and Community Protection Act

7 after a previous conviction or disposition of supervision for

8 possession of a substance prohibited by the Cannabis Control

9 Act, the Illinois Controlled Substances Act, or the

10 Methamphetamine Control and Community Protection Act or a

11 sentence of probation under Section 10 of the Cannabis Control

12 Act or Section 410 of the Illinois Controlled Substances Act

13 and after a finding by the court that the person is addicted,

14 to undergo treatment at a substance abuse program approved by

15 the court.

16 (m) The Secretary of State shall require anyone placed on

17 court supervision for a violation of Section 3-707 of the

18 Illinois Vehicle Code or a similar provision of a local

19 ordinance to give proof of his or her financial responsibility

20 as defined in Section 7-315 of the Illinois Vehicle Code. The

21 proof shall be maintained by the individual in a manner

22 satisfactory to the Secretary of State for a minimum period of

23 3 years after the date the proof is first filed. The proof

24 shall be limited to a single action per arrest and may not be

25 affected by any post-sentence disposition. The Secretary of

26 State shall suspend the driver's license of any person

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1 determined by the Secretary to be in violation of this

2 subsection.

3 (n) Any offender placed on supervision for any offense that

4 the court or probation department has determined to be sexually

5 motivated as defined in the Sex Offender Management Board Act

6 shall be required to refrain from any contact, directly or

7 indirectly, with any persons specified by the court and shall

8 be available for all evaluations and treatment programs

9 required by the court or the probation department.

10 (o) An offender placed on supervision for a sex offense as

11 defined in the Sex Offender Management Board Act shall refrain

12 from residing at the same address or in the same condominium

13 unit or apartment unit or in the same condominium complex or

14 apartment complex with another person he or she knows or

15 reasonably should know is a convicted sex offender or has been

16 placed on supervision for a sex offense. The provisions of this

17 subsection (o) do not apply to a person convicted of a sex

18 offense who is placed in a Department of Corrections licensed

19 transitional housing facility for sex offenders.

20 (p) An offender placed on supervision for an offense

21 committed on or after June 1, 2008 (the effective date of

22 Public Act 95-464) that would qualify the accused as a child

23 sex offender as defined in Section 11-9.3 or 11-9.4 of the

24 Criminal Code of 1961 or the Criminal Code of 2012 shall

25 refrain from communicating with or contacting, by means of the

26 Internet, a person who is not related to the accused and whom

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1 the accused reasonably believes to be under 18 years of age.

2 For purposes of this subsection (p), "Internet" has the meaning

3 ascribed to it in Section 16-0.1 of the Criminal Code of 2012;

4 and a person is not related to the accused if the person is

5 not: (i) the spouse, brother, or sister of the accused; (ii) a

6 descendant of the accused; (iii) a first or second cousin of

7 the accused; or (iv) a step-child or adopted child of the

8 accused.

9 (q) An offender placed on supervision for an offense

10 committed on or after June 1, 2008 (the effective date of

11 Public Act 95-464) that would qualify the accused as a child

12 sex offender as defined in Section 11-9.3 or 11-9.4 of the

13 Criminal Code of 1961 or the Criminal Code of 2012 shall, if so

14 ordered by the court, refrain from communicating with or

15 contacting, by means of the Internet, a person who is related

16 to the accused and whom the accused reasonably believes to be

17 under 18 years of age. For purposes of this subsection (q),

18 "Internet" has the meaning ascribed to it in Section 16-0.1 of

19 the Criminal Code of 2012; and a person is related to the

20 accused if the person is: (i) the spouse, brother, or sister of

21 the accused; (ii) a descendant of the accused; (iii) a first or

22 second cousin of the accused; or (iv) a step-child or adopted

23 child of the accused.

24 (r) An offender placed on supervision for an offense under

25 Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a

26 juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or

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1 11-21 of the Criminal Code of 1961 or the Criminal Code of

2 2012, or any attempt to commit any of these offenses, committed

3 on or after the effective date of this amendatory Act of the

4 95th General Assembly shall:

5 (i) not access or use a computer or any other device

6 with Internet capability without the prior written

7 approval of the court, except in connection with the

8 offender's employment or search for employment with the

9 prior approval of the court;

10 (ii) submit to periodic unannounced examinations of

11 the offender's computer or any other device with Internet

12 capability by the offender's probation officer, a law

13 enforcement officer, or assigned computer or information

14 technology specialist, including the retrieval and copying

15 of all data from the computer or device and any internal or

16 external peripherals and removal of such information,

17 equipment, or device to conduct a more thorough inspection;

18 (iii) submit to the installation on the offender's

19 computer or device with Internet capability, at the

20 offender's expense, of one or more hardware or software

21 systems to monitor the Internet use; and

22 (iv) submit to any other appropriate restrictions

23 concerning the offender's use of or access to a computer or

24 any other device with Internet capability imposed by the

25 court.

26 (s) An offender placed on supervision for an offense that

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1 is a sex offense as defined in Section 2 of the Sex Offender

2 Registration Act that is committed on or after January 1, 2010

3 (the effective date of Public Act 96-362) that requires the

4 person to register as a sex offender under that Act, may not

5 knowingly use any computer scrub software on any computer that

6 the sex offender uses.

7 (t) An offender placed on supervision for a sex offense as

8 defined in the Sex Offender Registration Act committed on or

9 after January 1, 2010 (the effective date of Public Act 96-262)

10 shall refrain from accessing or using a social networking

11 website as defined in Section 17-0.5 of the Criminal Code of

12 2012.

13 (u) Jurisdiction over an offender may be transferred from

14 the sentencing court to the court of another circuit with the

15 concurrence of both courts. Further transfers or retransfers of

16 jurisdiction are also authorized in the same manner. The court

17 to which jurisdiction has been transferred shall have the same

18 powers as the sentencing court. The probation department within

19 the circuit to which jurisdiction has been transferred may

20 impose probation fees upon receiving the transferred offender,

21 as provided in subsection (i). The probation department from

22 the original sentencing court shall retain all probation fees

23 collected prior to the transfer.

24 (Source: P.A. 96-262, eff. 1-1-10; 96-362, eff. 1-1-10; 96-409,

25 eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1414, eff. 1-1-11;

26 96-1551, Article 2, Section 1065, eff. 7-1-11; 96-1551, Article

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1 10, Section 10-150, eff. 7-1-11; 97-454, eff. 1-1-12; 97-597,

2 eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)

3 (730 ILCS 5/5-6-3.3)

4 Sec. 5-6-3.3. Offender Initiative Program.

5 (a) Statement of purpose. The General Assembly seeks to

6 continue other successful programs that promote public safety,

7 conserve valuable resources, and reduce recidivism by

8 defendants who can lead productive lives by creating the

9 Offender Initiative Program.

10 (a-1) Whenever any person who has not previously been

11 convicted of, or placed on probation or conditional discharge

12 for, any felony offense under the laws of this State, the laws

13 of any other state, or the laws of the United States, is

14 arrested for and charged with a probationable felony offense of

15 theft, retail theft, forgery, possession of a stolen motor

16 vehicle, burglary, possession of burglary tools, possession of

17 cannabis, possession of a controlled substance, or possession

18 of methamphetamine, the court, with the consent of the

19 defendant and the State's Attorney, may continue this matter to

20 allow a defendant to participate and complete the Offender

21 Initiative Program.

22 (a-2) Exemptions. A defendant shall not be eligible for

23 this Program if the offense he or she has been arrested for and

24 charged with is a violent offense. For purposes of this

25 Program, a "violent offense" is any offense where bodily harm

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1 was inflicted or where force was used against any person or

2 threatened against any person, any offense involving sexual

3 conduct, sexual penetration, or sexual exploitation, any

4 offense of domestic violence, domestic battery, violation of an

5 order of protection, stalking, hate crime, driving under the

6 influence of drugs or alcohol, and any offense involving the

7 possession of a firearm or dangerous weapon. A defendant shall

8 not be eligible for this Program if he or she has previously

9 been adjudicated a delinquent minor for the commission of a

10 violent offense as defined in this subsection.

11 (b) When a defendant is placed in the Program, after both

12 the defendant and State's Attorney waive preliminary hearing

13 pursuant to Section 109-3 of the Code of Criminal Procedure of

14 1963, the court shall enter an order specifying that the

15 proceedings shall be suspended while the defendant is

16 participating in a Program of not less 12 months.

17 (c) The conditions of the Program shall be that the

18 defendant:

19 (1) not violate any criminal statute of this State or

20 any other jurisdiction;

21 (2) refrain from possessing a firearm or other

22 dangerous weapon;

23 (3) make full restitution to the victim or property

24 owner pursuant to Section 5-5-6 of this Code;

25 (4) obtain employment or perform not less than 30 hours

26 of community service, provided community service is

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1 available in the county and is funded and approved by the

2 county board; and

3 (5) attend educational courses designed to prepare the

4 defendant for obtaining a high school diploma or to work

5 toward passing high school equivalency testing ~~the high~~

6 ~~school level test of General Educational Development~~

7 ~~(G.E.D.)~~or to work toward completing a vocational training

8 program.

9 (d) The court may, in addition to other conditions, require

10 that the defendant:

11 (1) undergo medical or psychiatric treatment, or

12 treatment or rehabilitation approved by the Illinois

13 Department of Human Services;

14 (2) refrain from having in his or her body the presence

15 of any illicit drug prohibited by the Methamphetamine

16 Control and Community Protection Act, the Cannabis Control

17 Act or the Illinois Controlled Substances Act, unless

18 prescribed by a physician, and submit samples of his or her

19 blood or urine or both for tests to determine the presence

20 of any illicit drug;

21 (3) submit to periodic drug testing at a time, manner,

22 and frequency as ordered by the court;

23 (4) pay fines, fees and costs; and

24 (5) in addition, if a minor:

25 (i) reside with his or her parents or in a foster

26 home;

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1 (ii) attend school;

2 (iii) attend a non-residential program for youth;

3 or

4 (iv) contribute to his or her own support at home

5 or in a foster home.

6 (e) When the State's Attorney makes a factually specific

7 offer of proof that the defendant has failed to successfully

8 complete the Program or has violated any of the conditions of

9 the Program, the court shall enter an order that the defendant

10 has not successfully completed the Program and continue the

11 case for arraignment pursuant to Section 113-1 of the Code of

12 Criminal Procedure of 1963 for further proceedings as if the

13 defendant had not participated in the Program.

14 (f) Upon fulfillment of the terms and conditions of the

15 Program, the State's Attorney shall dismiss the case or the

16 court shall discharge the person and dismiss the proceedings

17 against the person.

18 (g) There may be only one discharge and dismissal under

19 this Section with respect to any person.

20 (Source: P.A. 97-1118, eff. 1-1-13.)

21 (730 ILCS 5/5-6-3.4)

22 Sec. 5-6-3.4. Second Chance Probation.

23 (a) Whenever any person who has not previously been

24 convicted of, or placed on probation or conditional discharge

25 for, any felony offense under the laws of this State, the laws

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1 of any other state, or the laws of the United States, including

2 probation under Section 410 of the Illinois Controlled

3 Substances Act, Section 70 of the Methamphetamine Control and

4 Community Protection Act, Section 10 of the Cannabis Control

5 Act, subsection (c) of Section 11-14 of the Criminal Code of

6 2012, Treatment Alternatives for Criminal Justice Clients

7 (TASC) under Article 40 of the Alcoholism and Other Drug Abuse

8 and Dependency Act, or prior successful completion of the

9 Offender Initiative Program under Section 5-6-3.3 of this Code,

10 and pleads guilty to, or is found guilty of, a probationable

11 felony offense of possession of a controlled substance that is

12 punishable as a Class 4 felony; possession of methamphetamine

13 that is punishable as a Class 4 felony; theft that is

14 punishable as a Class 3 felony based on the value of the

15 property or punishable as a Class 4 felony if the theft was

16 committed in a school or place of worship or if the theft was

17 of governmental property; retail theft that is punishable as a

18 Class 3 felony based on the value of the property; criminal

19 damage to property that is punishable as a Class 4 felony;

20 criminal damage to government supported property that is

21 punishable as a Class 4 felony; or possession of cannabis which

22 is punishable as a Class 4 felony, the court, with the consent

23 of the defendant and the State's Attorney, may, without

24 entering a judgment, sentence the defendant to probation under

25 this Section.

26 (a-1) Exemptions. A defendant is not eligible for this

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1 probation if the offense he or she pleads guilty to, or is

2 found guilty of, is a violent offense, or he or she has

3 previously been convicted of a violent offense. For purposes of

4 this probation, a "violent offense" is any offense where bodily

5 harm was inflicted or where force was used against any person

6 or threatened against any person, any offense involving sexual

7 conduct, sexual penetration, or sexual exploitation, any

8 offense of domestic violence, domestic battery, violation of an

9 order of protection, stalking, hate crime, driving under the

10 influence of drugs or alcohol, and any offense involving the

11 possession of a firearm or dangerous weapon. A defendant shall

12 not be eligible for this probation if he or she has previously

13 been adjudicated a delinquent minor for the commission of a

14 violent offense as defined in this subsection.

15 (b) When a defendant is placed on probation, the court

16 shall enter an order specifying a period of probation of not

17 less than 24 months and shall defer further proceedings in the

18 case until the conclusion of the period or until the filing of

19 a petition alleging violation of a term or condition of

20 probation.

21 (c) The conditions of probation shall be that the

22 defendant:

23 (1) not violate any criminal statute of this State or

24 any other jurisdiction;

25 (2) refrain from possessing a firearm or other

26 dangerous weapon;

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1 (3) make full restitution to the victim or property

2 owner under Section 5-5-6 of this Code;

3 (4) obtain or attempt to obtain employment;

4 (5) pay fines and costs;

5 (6) attend educational courses designed to prepare the

6 defendant for obtaining a high school diploma or to work

7 toward passing high school equivalency testing ~~the high~~

8 ~~school level test of General Educational Development~~

9 ~~(G.E.D.)~~ or to work toward completing a vocational training

10 program;

11 (7) submit to periodic drug testing at a time and in a

12 manner as ordered by the court, but no less than 3 times

13 during the period of probation, with the cost of the

14 testing to be paid by the defendant; and

15 (8) perform a minimum of 30 hours of community service.

16 (d) The court may, in addition to other conditions, require

17 that the defendant:

18 (1) make a report to and appear in person before or

19 participate with the court or such courts, person, or

20 social service agency as directed by the court in the order

21 of probation;

22 (2) undergo medical or psychiatric treatment, or

23 treatment or rehabilitation approved by the Illinois

24 Department of Human Services;

25 (3) attend or reside in a facility established for the

26 instruction or residence of defendants on probation;

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1 (4) support his or her dependents; or

2 (5) refrain from having in his or her body the presence

3 of any illicit drug prohibited by the Methamphetamine

4 Control and Community Protection Act, the Cannabis Control

5 Act, or the Illinois Controlled Substances Act, unless

6 prescribed by a physician, and submit samples of his or her

7 blood or urine or both for tests to determine the presence

8 of any illicit drug.

9 (e) Upon violation of a term or condition of probation, the

10 court may enter a judgment on its original finding of guilt and

11 proceed as otherwise provided by law.

12 (f) Upon fulfillment of the terms and conditions of

13 probation, the court shall discharge the person and dismiss the

14 proceedings against the person.

15 (g) A disposition of probation is considered to be a

16 conviction for the purposes of imposing the conditions of

17 probation and for appeal; however, a discharge and dismissal

18 under this Section is not a conviction for purposes of this

19 Code or for purposes of disqualifications or disabilities

20 imposed by law upon conviction of a crime.

21 (h) There may be only one discharge and dismissal under

22 this Section, Section 410 of the Illinois Controlled Substances

23 Act, Section 70 of the Methamphetamine Control and Community

24 Protection Act, Section 10 of the Cannabis Control Act,

25 Treatment Alternatives for Criminal Justice Clients (TASC)

26 under Article 40 of the Alcoholism and Other Drug Abuse and

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1 Dependency Act, the Offender Initiative Program under Section

2 5-6-3.3 of this Code, and subsection (c) of Section 11-14 of

3 the Criminal Code of 2012 with respect to any person.

4 (i) If a person is convicted of any offense which occurred

5 within 5 years subsequent to a discharge and dismissal under

6 this Section, the discharge and dismissal under this Section

7 shall be admissible in the sentencing proceeding for that

8 conviction as evidence in aggravation.

9 (Source: P.A. 98-164, eff. 1-1-14.)

10 (730 ILCS 5/5-7-1) (from Ch. 38, par. 1005-7-1)

11 Sec. 5-7-1. Sentence of Periodic Imprisonment.

12 (a) A sentence of periodic imprisonment is a sentence of

13 imprisonment during which the committed person may be released

14 for periods of time during the day or night or for periods of

15 days, or both, or if convicted of a felony, other than first

16 degree murder, a Class X or Class 1 felony, committed to any

17 county, municipal, or regional correctional or detention

18 institution or facility in this State for such periods of time

19 as the court may direct. Unless the court orders otherwise, the

20 particular times and conditions of release shall be determined

21 by the Department of Corrections, the sheriff, or the

22 Superintendent of the house of corrections, who is

23 administering the program.

24 (b) A sentence of periodic imprisonment may be imposed to

25 permit the defendant to:

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1 (1) seek employment;

2 (2) work;

3 (3) conduct a business or other self-employed

4 occupation including housekeeping;

5 (4) attend to family needs;

6 (5) attend an educational institution, including

7 vocational education;

8 (6) obtain medical or psychological treatment;

9 (7) perform work duties at a county, municipal, or

10 regional correctional or detention institution or

11 facility;

12 (8) continue to reside at home with or without

13 supervision involving the use of an approved electronic

14 monitoring device, subject to Article 8A of Chapter V; or

15 (9) for any other purpose determined by the court.

16 (c) Except where prohibited by other provisions of this

17 Code, the court may impose a sentence of periodic imprisonment

18 for a felony or misdemeanor on a person who is 17 years of age

19 or older. The court shall not impose a sentence of periodic

20 imprisonment if it imposes a sentence of imprisonment upon the

21 defendant in excess of 90 days.

22 (d) A sentence of periodic imprisonment shall be for a

23 definite term of from 3 to 4 years for a Class 1 felony, 18 to

24 30 months for a Class 2 felony, and up to 18 months, or the

25 longest sentence of imprisonment that could be imposed for the

26 offense, whichever is less, for all other offenses; however, no

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1 person shall be sentenced to a term of periodic imprisonment

2 longer than one year if he is committed to a county

3 correctional institution or facility, and in conjunction with

4 that sentence participate in a county work release program

5 comparable to the work and day release program provided for in

6 Article 13 of the Unified Code of Corrections in State

7 facilities. The term of the sentence shall be calculated upon

8 the basis of the duration of its term rather than upon the

9 basis of the actual days spent in confinement. No sentence of

10 periodic imprisonment shall be subject to the good time credit

11 provisions of Section 3-6-3 of this Code.

12 (e) When the court imposes a sentence of periodic

13 imprisonment, it shall state:

14 (1) the term of such sentence;

15 (2) the days or parts of days which the defendant is to

16 be confined;

17 (3) the conditions.

18 (f) The court may issue an order of protection pursuant to

19 the Illinois Domestic Violence Act of 1986 as a condition of a

20 sentence of periodic imprisonment. The Illinois Domestic

21 Violence Act of 1986 shall govern the issuance, enforcement and

22 recording of orders of protection issued under this Section. A

23 copy of the order of protection shall be transmitted to the

24 person or agency having responsibility for the case.

25 (f-5) An offender sentenced to a term of periodic

26 imprisonment for a felony sex offense as defined in the Sex

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1 Offender Management Board Act shall be required to undergo and

2 successfully complete sex offender treatment by a treatment

3 provider approved by the Board and conducted in conformance

4 with the standards developed under the Sex Offender Management

5 Board Act.

6 (g) An offender sentenced to periodic imprisonment who

7 undergoes mandatory drug or alcohol testing, or both, or is

8 assigned to be placed on an approved electronic monitoring

9 device, shall be ordered to pay the costs incidental to such

10 mandatory drug or alcohol testing, or both, and costs

11 incidental to such approved electronic monitoring in

12 accordance with the defendant's ability to pay those costs. The

13 county board with the concurrence of the Chief Judge of the

14 judicial circuit in which the county is located shall establish

15 reasonable fees for the cost of maintenance, testing, and

16 incidental expenses related to the mandatory drug or alcohol

17 testing, or both, and all costs incidental to approved

18 electronic monitoring, of all offenders with a sentence of

19 periodic imprisonment. The concurrence of the Chief Judge shall

20 be in the form of an administrative order. The fees shall be

21 collected by the clerk of the circuit court. The clerk of the

22 circuit court shall pay all moneys collected from these fees to

23 the county treasurer who shall use the moneys collected to

24 defray the costs of drug testing, alcohol testing, and

25 electronic monitoring. The county treasurer shall deposit the

26 fees collected in the county working cash fund under Section

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1 6-27001 or Section 6-29002 of the Counties Code, as the case

2 may be.

3 (h) All fees and costs imposed under this Section for any

4 violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle

5 Code, or a similar provision of a local ordinance, and any

6 violation of the Child Passenger Protection Act, or a similar

7 provision of a local ordinance, shall be collected and

8 disbursed by the circuit clerk as provided under Section 27.5

9 of the Clerks of Courts Act.

10 (i) A defendant at least 17 years of age who is convicted

11 of a misdemeanor or felony in a county of 3,000,000 or more

12 inhabitants and who has not been previously convicted of a

13 misdemeanor or a felony and who is sentenced to a term of

14 periodic imprisonment may as a condition of his or her sentence

15 be required by the court to attend educational courses designed

16 to prepare the defendant for a high school diploma and to work

17 toward receiving a high school diploma or to work toward

18 passing high school equivalency testing ~~the high school level~~

19 ~~Test of General Educational Development (GED)~~ or to work toward

20 completing a vocational training program approved by the court.

21 The defendant sentenced to periodic imprisonment must attend a

22 public institution of education to obtain the educational or

23 vocational training required by this subsection (i). The

24 defendant sentenced to a term of periodic imprisonment shall be

25 required to pay for the cost of the educational courses orhigh

26 school equivalency testing ~~GED test,~~ if a fee is charged for

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1 those courses or testing ~~test~~. The court shall revoke the

2 sentence of periodic imprisonment of the defendant who wilfully

3 fails to comply with this subsection (i). The court shall

4 resentence the defendant whose sentence of periodic

5 imprisonment has been revoked as provided in Section 5-7-2.

6 This subsection (i) does not apply to a defendant who has a

7 high school diploma or has successfully passedhigh school

8 equivalency testing ~~the GED test~~. This subsection (i) does not

9 apply to a defendant who is determined by the court to be

10 developmentally disabled or otherwise mentally incapable of

11 completing the educational or vocational program.

12 (Source: P.A. 93-616, eff. 1-1-04.)

13 (730 ILCS 5/5-8-1.3)

14 Sec. 5-8-1.3. Pilot residential and transition treatment

15 program for women.

16 (a) The General Assembly recognizes:

17 (1) that drug-offending women with children who have

18 been in and out of the criminal justice system for years

19 are a serious problem;

20 (2) that the intergenerational cycle of women

21 continuously being part of the criminal justice system

22 needs to be broken;

23 (3) that the effects of drug offending women with

24 children disrupts family harmony and creates an atmosphere

25 that is not conducive to healthy childhood development;

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1 (4) that there is a need for an effective residential

2 community supervision model to provide help to women to

3 become drug free, recover from trauma, focus on healthy

4 mother-child relationships, and establish economic

5 independence and long-term support;

6 (5) that certain non-violent women offenders with

7 children eligible for sentences of incarceration, may

8 benefit from the rehabilitative aspects of gender

9 responsive treatment programs and services. This Section

10 shall not be construed to allow violent offenders to

11 participate in a treatment program.

12 (b) Under the direction of the sheriff and with the

13 approval of the county board of commissioners, the sheriff, in

14 any county with more than 3,000,000 inhabitants, may operate a

15 residential and transition treatment program for women

16 established by the Illinois Department of Corrections if

17 funding has been provided by federal, local or private

18 entities. If the court finds during the sentencing hearing

19 conducted under Section 5-4-1 that a woman convicted of a

20 felony meets the eligibility requirements of the sheriff's

21 residential and transition treatment program for women, the

22 court may refer the offender to the sheriff's residential and

23 transition treatment program for women for consideration as a

24 participant as an alternative to incarceration in the

25 penitentiary. The sheriff shall be responsible for supervising

26 all women who are placed in the residential and transition

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1 treatment program for women for the 12-month period. In the

2 event that the woman is not accepted for placement in the

3 sheriff's residential and transition treatment program for

4 women, the court shall proceed to sentence the woman to any

5 other disposition authorized by this Code. If the woman does

6 not successfully complete the residential and transition

7 treatment program for women, the woman's failure to do so shall

8 constitute a violation of the sentence to the residential and

9 transition treatment program for women.

10 (c) In order to be eligible to be a participant in the

11 pilot residential and transition treatment program for women,

12 the participant shall meet all of the following conditions:

13 (1) The woman has not been convicted of a violent crime

14 as defined in subsection (c) of Section 3 of the Rights of

15 Crime Victims and Witnesses Act, a Class X felony, first or

16 second degree murder, armed violence, aggravated

17 kidnapping, criminal sexual assault, aggravated criminal

18 sexual abuse or a subsequent conviction for criminal sexual

19 abuse, forcible detention, or arson and has not been

20 previously convicted of any of those offenses.

21 (2) The woman must undergo an initial assessment

22 evaluation to determine the treatment and program plan.

23 (3) The woman was recommended and accepted for

24 placement in the pilot residential and transition

25 treatment program for women by the Department of

26 Corrections and has consented in writing to participation

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1 in the program under the terms and conditions of the

2 program. The Department of Corrections may consider

3 whether space is available.

4 (d) The program may include a substance abuse treatment

5 program designed for women offenders, mental health, trauma,

6 and medical treatment; parenting skills and family

7 relationship counseling, preparation for ahigh school

8 equivalency ~~GED~~ or vocational certificate; life skills

9 program; job readiness and job skill training, and a community

10 transition development plan.

11 (e) With the approval of the Department of Corrections, the

12 sheriff shall issue requirements for the program and inform the

13 participants who shall sign an agreement to adhere to all rules

14 and all requirements for the pilot residential and transition

15 treatment program.

16 (f) Participation in the pilot residential and transition

17 treatment program for women shall be for a period not to exceed

18 12 months. The period may not be reduced by accumulation of

19 good time.

20 (g) If the woman successfully completes the pilot

21 residential and transition treatment program for women, the

22 sheriff shall notify the Department of Corrections, the court,

23 and the State's Attorney of the county of the woman's

24 successful completion.

25 (h) A woman may be removed from the pilot residential and

26 transition treatment program for women for violation of the

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1 terms and conditions of the program or in the event she is

2 unable to participate. The failure to complete the program

3 shall be deemed a violation of the conditions of the program.

4 The sheriff shall give notice to the Department of Corrections,

5 the court, and the State's Attorney of the woman's failure to

6 complete the program. The Department of Corrections or its

7 designee shall file a petition alleging that the woman has

8 violated the conditions of the program with the court. The

9 State's Attorney may proceed on the petition under Section

10 5-4-1 of this Code.

11 (i) The conditions of the pilot residential and transition

12 treatment program for women shall include that the woman while

13 in the program:

14 (1) not violate any criminal statute of any

15 jurisdiction;

16 (2) report or appear in person before any person or

17 agency as directed by the court, the sheriff, or Department

18 of Corrections;

19 (3) refrain from possessing a firearm or other

20 dangerous weapon;

21 (4) consent to drug testing;

22 (5) not leave the State without the consent of the

23 court or, in circumstances in which reason for the absence

24 is of such an emergency nature that prior consent by the

25 court is not possible, without prior notification and

26 approval of the Department of Corrections;

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1 (6) upon placement in the program, must agree to follow

2 all requirements of the program.

3 (j) The Department of Corrections or the sheriff may

4 terminate the program at any time by mutual agreement or with

5 30 days prior written notice by either the Department of

6 Corrections or the sheriff.

7 (k) The Department of Corrections may enter into a joint

8 contract with a county with more than 3,000,000 inhabitants to

9 establish and operate a pilot residential and treatment program

10 for women.

11 (l) The Director of the Department of Corrections shall

12 have the authority to develop rules to establish and operate a

13 pilot residential and treatment program for women that shall

14 include criteria for selection of the participants of the

15 program in conjunction and approval by the sentencing court.

16 Violent crime offenders are not eligible to participate in the

17 program.

18 (m) The Department shall report to the Governor and the

19 General Assembly before September 30th of each year on the

20 pilot residential and treatment program for women, including

21 the composition of the program by offenders, sentence, age,

22 offense, and race. Reporting is only required if the pilot

23 residential and treatment program for women is operational.

24 (n) The Department of Corrections or the sheriff may

25 terminate the program with 30 days prior written notice.

26 (o) A county with more than 3,000,000 inhabitants is

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1 authorized to apply for funding from federal, local or private

2 entities to create a Residential and Treatment Program for

3 Women. This sentencing option may not go into effect until the

4 funding is secured for the program and the program has been

5 established.

6 (Source: P.A. 97-800, eff. 7-13-12.)

7 Section 995. No acceleration or delay. Where this Act makes

8 changes in a statute that is represented in this Act by text

9 that is not yet or no longer in effect (for example, a Section

10 represented by multiple versions), the use of that text does

11 not accelerate or delay the taking effect of (i) the changes

12 made by this Act or (ii) provisions derived from any other

13 Public Act.

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1 INDEX

2 Statutes amended in order of appearance

3 20 ILCS 415/8c from Ch. 127, par. 63b108c

4 20 ILCS 505/8 from Ch. 23, par. 5008

5 20 ILCS 1315/25

6 20 ILCS 1510/30

7 20 ILCS 1705/15.4

8 20 ILCS 3970/3 from Ch. 127, par. 3833

9 105 ILCS 5/2-3.66 from Ch. 122, par. 2-3.66

10 105 ILCS 5/3-15.12 from Ch. 122, par. 3-15.12

11 105 ILCS 5/10-22.20 from Ch. 122, par. 10-22.20

12 105 ILCS 5/13-40 from Ch. 122, par. 13-40

13 105 ILCS 5/13B-20.20

14 105 ILCS 5/13B-30.15

15 105 ILCS 5/13B-85

16 105 ILCS 5/26-2 from Ch. 122, par. 26-2

17 105 ILCS 5/26-16

18 105 ILCS 405/3-1 from Ch. 122, par. 203-1

19 110 ILCS 305/8 from Ch. 144, par. 29

20 110 ILCS 520/8e from Ch. 144, par. 658e

21 110 ILCS 660/5-85

22 110 ILCS 665/10-85

23 110 ILCS 670/15-85

24 110 ILCS 675/20-85

25 110 ILCS 680/25-85

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