102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB3792

Introduced 1/21/2022, by Sen. Cristina Castro

SYNOPSIS AS INTRODUCED:

See Index

Amends the Children and Family Services Act, the Illinois Youthbuild Act, the Mental Health and Developmental Disabilities Administrative Act, the School Code, the Public University Uniform Admission Pilot Program Act, the Public Community College Act, the Higher Education Student Assistance Act, the Illinois Insurance Code, the Pharmacy Practice Act, the Structural Pest Control Act, the Community Association Manager Licensing and Disciplinary Act, the Home Inspector License Act, the Real Estate License Act of 2000, the Illinois Public Aid Code, the Firearm Concealed Carry Act, the Illinois Vehicle Code, and the Unified Code of Corrections. Changes references from high school equivalency certificate to State of Illinois High School Diploma.

LRB102 25808 CMG 35148 b

A BILL FOR

SB3792

LRB102 25808 CMG 35148 b

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 Children and Family Services Act is amended

5 by changing Sections 8 and 35.10 as follows:

6 (20 ILCS 505/8) (from Ch. 23, par. 5008)

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

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

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

10 receive scholarships and fee waivers which will enable them to

11 attend and complete their post-secondary education at a

12 community college, university, or college. Youth shall be

13 selected from among the youth for whom the Department has

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

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

16 adopted or who have been placed in private guardianship.

17 Recipients must have earned a high school diploma from an

18 accredited institution or a State of Illinois High School

19 Diploma ~~high school equivalency certificate~~ or diploma or have

20 met the State criteria for high school graduation before the

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

22 scholarship and waiver. Scholarships and fee waivers shall be

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

SB3792

- 2 -

LRB102 25808 CMG 35148 b

1 continuing to work toward graduation. Unused scholarship

2 dollars and fee waivers shall be reallocated to new

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

4 shall promulgate rules identifying the criteria for

5 "continuing to work toward graduation" and for reallocating

6 unused scholarships and fee waivers. Selection shall be made

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

8 to, scholastic record, aptitude, and general interest in

9 higher education. The selection committee shall include at

10 least 2 individuals formerly under the care of the Department

11 who have completed their post-secondary education. In

12 accordance with this Act, tuition scholarships and fee waivers

13 shall be available to such students at any university or

14 college maintained by the State of Illinois. The Department

15 shall provide maintenance and school expenses, except tuition

16 and fees, during the academic years to supplement the

17 students' earnings or other resources so long as they

18 consistently maintain scholastic records which are acceptable

19 to their schools and to the Department. Students may attend

20 other colleges and universities, if scholarships are awarded

21 them, and receive the same benefits for maintenance and other

22 expenses as those students attending any Illinois State

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

24 Beginning with recipients receiving scholarships and waivers

25 in August 2014, the Department shall collect data and report

26 annually to the General Assembly on measures of success,

SB3792

- 3 -

LRB102 25808 CMG 35148 b

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

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

3 waiver recipients who complete their college or university

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

5 takes for scholarship or waiver recipients to complete their

6 college or university degree, (iv) the reasons that

7 scholarship or waiver recipients are discharged or fail to

8 complete their college or university degree, (v) when

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

10 awarded the scholarships or waivers, and (vi) budget

11 allocations for maintenance and school expenses incurred by

12 the Department.

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

14 them in attending and completing their post-secondary

15 education at any community college, university, or college

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

17 the Department has court-ordered legal responsibility, youth

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

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

20 adoption assistance agreement or who have been placed in

21 private guardianship and were the subject of a subsidized

22 guardianship agreement.

23 To receive a waiver under this subsection, an applicant

24 must:

25 (1) have earned a high school diploma from an

26 accredited institution or a State of Illinois High School

SB3792

- 4 -

LRB102 25808 CMG 35148 b

1 Diploma ~~high school equivalency certificate~~ or have met

2 the State criteria for high school graduation before the

3 start of the school year for which the applicant is

4 applying for the waiver;

5 (2) enroll in a qualifying post-secondary education

6 before the applicant reaches the age of 26; and

7 (3) apply for federal and State grant assistance by

8 completing the Free Application for Federal Student Aid.

9 The community college or public university that an

10 applicant attends must waive any tuition and fee amounts that

11 exceed the amounts paid to the applicant under the federal

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

13 Tuition and fee waivers shall be available to a student

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

15 community college, university, or college maintained by the

16 State of Illinois so long as the student makes satisfactory

17 progress toward completing his or her degree. The age

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

19 this subsection shall be waived and eligibility for tuition

20 and fee waivers shall be extended for any applicant or student

21 who the Department determines was unable to enroll in a

22 qualifying post-secondary school or complete an academic term

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

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

25 for service in the United States Public Health Service

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

SB3792

- 5 -

LRB102 25808 CMG 35148 b

1 the AmeriCorps. The Department shall extend eligibility for a

2 qualifying applicant or student by the total number of months

3 or years during which the applicant or student served on

4 active duty with the United States Armed Forces, was deployed

5 for service in the United States Public Health Service

6 Commissioned Corps, or volunteered in the Peace Corps or the

7 AmeriCorps. The number of months an applicant or student

8 served on active duty with the United States Armed Forces

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

10 maximum length of time to extend eligibility for the applicant

11 or student.

12 The Department may provide the student with a stipend to

13 cover maintenance and school expenses, except tuition and

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

15 earnings or other resources so long as the student

16 consistently maintains scholastic records which are acceptable

17 to the student's school and to the Department.

18 The Department shall develop outreach programs to ensure

19 that youths who qualify for the tuition and fee waivers under

20 this subsection who are high school students in grades 9

21 through 12 or who are enrolled in a high school equivalency

22 testing program are aware of the availability of the tuition

23 and fee waivers.

24 (c) Subject to appropriation, the Department shall provide

25 eligible youth an apprenticeship stipend to cover those costs

26 associated with entering and sustaining through completion an

SB3792

- 6 -

LRB102 25808 CMG 35148 b

1 apprenticeship, including, but not limited to fees, tuition

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

3 occupation-specific tools. The following youth may be eligible

4 for the apprenticeship stipend provided under this subsection:

5 youth for whom the Department has court-ordered legal

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

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

8 subject of an adoption assistance agreement or who have been

9 placed in private guardianship and were the subject of a

10 subsidized guardianship agreement.

11 To receive a stipend under this subsection, an applicant

12 must:

13 (1) be enrolled in an apprenticeship training program

14 approved or recognized by the Illinois Department of

15 Employment Security or an apprenticeship program approved

16 by the United States Department of Labor;

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

18 under subsection (a) or (b); and

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

20 qualified apprenticeship program.

21 Apprenticeship stipends shall be available to an eligible

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

23 qualifying apprenticeship program so long as the youth makes

24 satisfactory progress toward completing his or her

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

26 apprenticeship stipend provided under this subsection shall be

SB3792

- 7 -

LRB102 25808 CMG 35148 b

1 extended for any applicant who the Department determines was

2 unable to enroll in a qualifying apprenticeship program

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

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

5 in the United States Public Health Service Commissioned Corps;

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

7 Department shall extend eligibility for a qualifying applicant

8 by the total number of months or years during which the

9 applicant served on active duty with the United States Armed

10 Forces, was deployed for service in the United States Public

11 Health Service Commissioned Corps, or volunteered in the Peace

12 Corps or the AmeriCorps. The number of months an applicant

13 served on active duty with the United States Armed Forces

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

15 maximum length of time to extend eligibility for the

16 applicant.

17 The Department shall develop outreach programs to ensure

18 that youths who qualify for the apprenticeship stipends under

19 this subsection who are high school students in grades 9

20 through 12 or who are enrolled in a high school equivalency

21 testing program are aware of the availability of the

22 apprenticeship stipend.

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

24 (20 ILCS 505/35.10)

25 Sec. 35.10. Documents necessary for adult living. The

SB3792

- 8 -

LRB102 25808 CMG 35148 b

1 Department shall assist a youth in care in identifying and

2 obtaining documents necessary to function as an independent

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

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

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

6 limited to, any of the following:

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

8 (2) Social Security card.

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

10 health passport, dental records, immunization records,

11 name and contact information for all current medical,

12 dental, and mental health providers, and a signed

13 certification that the Department provided the youth with

14 education on executing a healthcare power of attorney.

15 (4) Medicaid card or other health eligibility

16 documentation.

17 (5) Certified copy of birth certificate.

18 (6) Any applicable religious documents.

19 (7) Voter registration card.

20 (8) Immigration, citizenship, or naturalization

21 documentation, if applicable.

22 (9) Death certificates of parents, if applicable.

23 (10) Life book or compilation of personal history and

24 photographs.

25 (11) List of known relatives with relationships,

26 addresses, telephone numbers, and other contact

SB3792

- 9 -

LRB102 25808 CMG 35148 b

1 information, with the permission of the involved relative.

2 (12) Resume.

3 (13) Educational records, including list of schools

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

5 Illinois High School Diploma ~~high school equivalency~~

6 ~~certificate~~.

7 (14) List of placements while in care.

8 (15) List of community resources with referral

9 information, including the Midwest Adoption Center for

10 search and reunion services for former youth in care,

11 whether or not they were adopted, and the Illinois Chapter

12 of Foster Care Alumni of America.

13 (16) All documents necessary to complete a Free

14 Application for Federal Student Aid form, if applicable,

15 or an application for State financial aid.

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

17 wardship of the court and orders the wardship terminated and

18 all proceedings under the Juvenile Court Act of 1987

19 respecting the youth in care finally closed and discharged,

20 the Department shall ensure that the youth in care receives a

21 copy of the court's order.

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

23 Section 10. The Illinois Youthbuild Act is amended by

24 changing Section 25 as follows:

SB3792

- 10 -

LRB102 25808 CMG 35148 b

1 (20 ILCS 1315/25)

2 Sec. 25. Eligible participants. Eligible participants are

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

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

5 are part of one of the following groups:

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

7 not received a secondary school diploma or its equivalent.

8 (b) Persons currently enrolled in a traditional or

9 alternative school setting or a high school equivalency

10 testing program and who are in danger of dropping out of

11 school.

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

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

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

15 incarcerated parents, or a migrant youth.

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

17 individuals who do not meet the requirements of subsections

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

19 having attained a secondary school diploma, State of Illinois

20 High School Diploma ~~high school equivalency certificate~~, or

21 other State-recognized equivalent, or who have been referred

22 by a local secondary school for participation in a Youthbuild

23 program leading to the attainment of a secondary school

24 diploma.

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

SB3792

- 11 -

LRB102 25808 CMG 35148 b

1 Section 15. The Mental Health and Developmental

2 Disabilities Administrative Act is amended by changing Section

3 15.4 as follows:

4 (20 ILCS 1705/15.4)

5 Sec. 15.4. Authorization for nursing delegation to permit

6 direct care staff to administer medications.

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

8 for persons with a developmental disability in settings of 16

9 persons or fewer that are funded or licensed by the Department

10 of Human Services and that distribute or administer

11 medications, (ii) all intermediate care facilities for persons

12 with developmental disabilities with 16 beds or fewer that are

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

14 programs certified to serve persons with developmental

15 disabilities by the Department of Human Services. The

16 Department of Human Services shall develop a training program

17 for authorized direct care staff to administer medications

18 under the supervision and monitoring of a registered

19 professional nurse. The training program for authorized direct

20 care staff shall include educational and oversight components

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

22 for staff who work in residential programs. This training

23 program shall be developed in consultation with professional

24 associations representing (i) physicians licensed to practice

25 medicine in all its branches, (ii) registered professional

SB3792

- 12 -

LRB102 25808 CMG 35148 b

1 nurses, and (iii) pharmacists.

2 (b) For the purposes of this Section:

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

4 who have successfully completed a medication administration

5 training program approved by the Department of Human Services

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

7 specific to an individual receiving service in a specific

8 agency and does not transfer to another agency.

9 "Medications" means oral and topical medications, insulin

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

11 vaginal and rectal creams and suppositories. "Oral" includes

12 inhalants and medications administered through enteral tubes,

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

14 nasal medications. Any controlled substances must be packaged

15 specifically for an identified individual.

16 "Insulin in an injectable form" means a subcutaneous

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

18 Authorized direct care staff may administer insulin, as

19 ordered by a physician, advanced practice registered nurse, or

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

21 completed a Department-approved advanced training program

22 specific to insulin administration developed in consultation

23 with professional associations listed in subsection (a) of

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

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

26 determined based on a blood glucose test result. The

SB3792

- 13 -

LRB102 25808 CMG 35148 b

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

2 insulin dosage needed when the dose is dependent upon a blood

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

4 who require blood glucose monitoring greater than 3 times

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

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

7 competency-based medication administration train-the-trainer

8 program provided by the Department of Human Services and

9 conducted by a Department of Human Services master

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

11 train persons employed or under contract to provide direct

12 care or treatment to individuals receiving services to

13 administer medications and provide self-administration of

14 medication training to individuals under the supervision and

15 monitoring of the nurse-trainer. The program incorporates

16 adult learning styles, teaching strategies, classroom

17 management, and a curriculum overview, including the ethical

18 and legal aspects of supervising those administering

19 medications.

20 "Self-administration of medications" means an individual

21 administers his or her own medications. To be considered

22 capable to self-administer their own medication, individuals

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

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

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

26 time.

SB3792

- 14 -

LRB102 25808 CMG 35148 b

1 "Training program" means a standardized medication

2 administration training program approved by the Department of

3 Human Services and conducted by a registered professional

4 nurse for the purpose of training persons employed or under

5 contract to provide direct care or treatment to individuals

6 receiving services to administer medications and provide

7 self-administration of medication training to individuals

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

9 program incorporates adult learning styles, teaching

10 strategies, classroom management, curriculum overview,

11 including ethical-legal aspects, and standardized

12 competency-based evaluations on administration of medications

13 and self-administration of medication training programs.

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

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

16 subsection.

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

18 to administer medication, the nurse-trainer shall perform

19 the following for each individual to whom medication will

20 be administered by non-licensed direct care staff:

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

22 history and physical and mental status.

23 (B) An evaluation of the medications prescribed.

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

25 meet the following criteria:

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

SB3792

- 15 -

LRB102 25808 CMG 35148 b

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

2 Illinois High School Diploma ~~high school equivalency~~

3 ~~certificate~~.

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

SB3792

- 16 -

LRB102 25808 CMG 35148 b

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

13 to, 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 registered nurse, physician

20 assistant, or physician licensed to practice medicine

21 in all its 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

SB3792

- 17 -

LRB102 25808 CMG 35148 b

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, an advanced

10 practice registered nurse, or a physician assistant;

11 and

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

13 individual's Community Support Team or

14 Interdisciplinary Team, which includes a registered

15 professional nurse or an advanced practice registered

16 nurse.

17 (e) Quality Assurance.

18 (1) A registered professional nurse, advanced practice

19 registered nurse, licensed practical nurse, physician

20 licensed to practice medicine in all its branches,

21 physician assistant, or pharmacist shall review the

22 following for all individuals:

23 (A) Medication orders.

24 (B) Medication labels, including medications

25 listed on the medication administration record for

26 persons who are not self-medicating to ensure the

SB3792

- 18 -

LRB102 25808 CMG 35148 b

1 labels match the orders issued by the physician

2 licensed to practice medicine in all its branches,

3 advanced practice registered nurse, or physician

4 assistant.

5 (C) Medication administration records for persons

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

7 are completed appropriately for:

8 (i) medication administered as prescribed;

9 (ii) refusal by the individual; and

10 (iii) full signatures provided for all

11 initials used.

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

13 done more frequently at the discretion of the registered

14 professional nurse or advanced practice registered nurse.

15 (3) A quality assurance review of medication errors

16 and data collection for the purpose of monitoring and

17 recommending corrective action shall be conducted within 7

18 days and included in the required annual review.

19 (f) Programs using authorized direct care staff to

20 administer medications are responsible for documenting and

21 maintaining records on the training that is completed.

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

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

24 necessitates emergency rulemaking by the Departments of Human

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

26 Administrative Procedure Act.

SB3792

- 19 -

LRB102 25808 CMG 35148 b

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

2 authority to administer medications pursuant to the provisions

3 of this Section shall be given additional education and

4 testing to meet criteria for delegation authority to

5 administer medications. Any direct care staff person who fails

6 to qualify as an authorized direct care staff after initial

7 training and testing must within 3 months be given another

8 opportunity for retraining and retesting. A direct care staff

9 person who fails to meet criteria for delegated authority to

10 administer medication, including, but not limited to, failure

11 of the written test on 2 occasions shall be given

12 consideration for shift transfer or reassignment, if possible.

13 No employee shall be terminated for failure to qualify during

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

15 complete training and testing required by this Section may be

16 grounds for immediate dismissal.

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

18 administer medication shall be subject to suspension or

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

20 omissions when performing the functions unless the staff

21 person's actions or omissions constitute willful and wanton

22 conduct. Nothing in this subsection is intended to supersede

23 paragraph (4) of subsection (c).

24 (j) A registered professional nurse, advanced practice

25 registered nurse, physician licensed to practice medicine in

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

SB3792

- 20 -

LRB102 25808 CMG 35148 b

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

2 (k) The employer shall be responsible for maintaining

3 liability insurance for any program covered by this Section.

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

5 authorized direct care staff pursuant to this Section shall be

6 granted consideration for a one-time additional salary

7 differential. The Department shall determine and provide the

8 necessary funding for the differential in the base. This

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

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

11 99-581, eff. 1-1-17; 100-50, eff. 1-1-18; 100-513, eff.

12 1-1-18; 100-863, eff. 8-14-18.)

13 Section 20. The School Code is amended by changing

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

15 (105 ILCS 5/3-15.12) (from Ch. 122, par. 3-15.12)

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

17 superintendent of schools and the Illinois Community College

18 Board shall make available for qualified individuals residing

19 within the region a High School Equivalency Testing Program

20 and alternative methods of credentialing, as identified under

21 this Section. For that purpose the regional superintendent

22 alone or with other regional superintendents may establish and

23 supervise a testing center or centers to administer the secure

24 forms for high school equivalency testing to qualified

SB3792

- 21 -

LRB102 25808 CMG 35148 b

1 persons. Such centers shall be under the supervision of the

2 regional superintendent in whose region such centers are

3 located, subject to the approval of the Executive Director of

4 the Illinois Community College Board. The Illinois Community

5 College Board shall also establish criteria and make available

6 alternative methods of credentialing throughout the State.

7 An individual is eligible to apply to the regional

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

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

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

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

12 completing an alternative education program under Section

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

14 enrolled in a youth education program sponsored by the

15 Illinois National Guard. For purposes of this Section,

16 residence is that abode which the applicant considers his or

17 her home. Applicants may provide as sufficient proof of such

18 residence and as an acceptable form of identification a

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

20 of government-issued national or foreign identification that

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

22 and photograph or other acceptable identification as may be

23 allowed by law or as regulated by the Illinois Community

24 College Board. Such regional superintendent shall determine if

25 the applicant meets statutory and regulatory state standards.

26 If qualified the applicant shall at the time of such

SB3792

- 22 -

LRB102 25808 CMG 35148 b

1 application pay a fee established by the Illinois Community

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

3 under the control and supervision of the regional

4 superintendent. Such moneys received by the regional

5 superintendent shall be used, first, for the expenses incurred

6 in administering and scoring the examination, and next for

7 other educational programs that are developed and designed by

8 the regional superintendent of schools to assist those who

9 successfully complete high school equivalency testing or meet

10 the criteria for alternative methods of credentialing in

11 furthering their academic development or their ability to

12 secure and retain gainful employment, including programs for

13 the competitive award based on test scores of college or adult

14 education scholarship grants or similar educational

15 incentives. Any excess moneys shall be paid into the institute

16 fund.

17 Any applicant who has achieved the minimum passing

18 standards as established by the Illinois Community College

19 Board shall be notified in writing by the regional

20 superintendent and shall be issued aState of Illinois High

21 School Diploma ~~high school equivalency certificate~~ on the

22 forms provided by the Illinois Community College Board. The

23 regional superintendent shall then certify to the Illinois

24 Community College Board the score of the applicant and such

25 other and additional information that may be required by the

26 Illinois Community College Board. The moneys received

SB3792

- 23 -

LRB102 25808 CMG 35148 b

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

2 this Section.

3 The Illinois Community College Board shall establish

4 alternative methods of credentialing for the issuance of a

5 State of Illinois High School Diploma ~~high school equivalency~~

6 ~~certification~~. In addition to high school equivalency testing,

7 the following alternative methods of receiving a State of

8 Illinois High School Diploma ~~high school equivalency~~

9 ~~credential~~ shall be made available to qualified individuals on

10 or after January 1, 2018:

11 (A) High School Equivalency based on High School

12 Credit. A qualified candidate may petition to have his or

13 her high school transcripts evaluated to determine what

14 the candidate needs to meet criteria as established by the

15 Illinois Community College Board.

16 (B) High School Equivalency based on Post-Secondary

17 Credit. A qualified candidate may petition to have his or

18 her post-secondary transcripts evaluated to determine what

19 the candidate needs to meet criteria established by the

20 Illinois Community College Board.

21 (C) High School Equivalency based on a Foreign

22 Diploma. A qualified candidate may petition to have his or

23 her foreign high school or post-secondary transcripts

24 evaluated to determine what the candidate needs to meet

25 criteria established by the Illinois Community College

26 Board.

SB3792

- 24 -

LRB102 25808 CMG 35148 b

1 (D) High School Equivalency based on Completion of a

2 Competency-Based Program as approved by the Illinois

3 Community College Board. The Illinois Community College

4 Board shall establish guidelines for competency-based high

5 school equivalency programs.

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

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

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

9 education program sponsored by the Illinois National Guard, or

10 any person who has successfully completed an alternative

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

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

13 School Diploma ~~high school equivalency certificate~~ (if he or

14 she meets the requirements prescribed by the Illinois

15 Community College Board) upon showing evidence that he or she

16 has completed, successfully, high school equivalency testing,

17 administered by the United States Armed Forces Institute,

18 official high school equivalency testing centers established

19 in other states, Veterans' Administration Hospitals, or the

20 office of the State Superintendent of Education for the

21 Illinois State Penitentiary System and the Department of

22 Corrections. Such applicant shall apply to the regional

23 superintendent of the region wherein he or she has maintained

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

25 Illinois Community College Board, the regional superintendent

26 shall issue a State of Illinois High School Diploma ~~high~~

SB3792

- 25 -

LRB102 25808 CMG 35148 b

1 ~~school equivalency certificate~~ and immediately thereafter

2 certify to the Illinois Community College Board the score of

3 the applicant and such other and additional information as may

4 be required by the Illinois Community College Board.

5 Notwithstanding the provisions of this Section, any

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

7 request the regional superintendent of schools to administer

8 restricted high school equivalency testing upon written

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

10 Chief Examiner of an official high school equivalency testing

11 center that the applicant has completed a program of

12 instruction provided by such agencies as the Job Corps, the

13 Postal Service Academy, or an apprenticeship training program;

14 an employer or program director for purposes of entry into

15 apprenticeship programs; another state's department of

16 education in order to meet regulations established by that

17 department of education; or a post high school educational

18 institution for purposes of admission, the Department of

19 Financial and Professional Regulation for licensing purposes,

20 or the Armed Forces for induction purposes. The regional

21 superintendent shall administer such testing, and the

22 applicant shall be notified in writing that he or she is

23 eligible to receive a State of Illinois High School Diploma

24 ~~high school equivalency certificate~~upon reaching age 17,

25 provided he or she meets the standards established by the

26 Illinois Community College Board.

SB3792

- 26 -

LRB102 25808 CMG 35148 b

1 Any test administered under this Section to an applicant

2 who does not speak and understand English may at the

3 discretion of the administering agency be given and answered

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

5 superintendent of schools may waive any fees required by this

6 Section in case of hardship. The regional superintendent of

7 schools and the Illinois Community College Board shall waive

8 any fees required by this Section for an applicant who meets

9 all of the following criteria:

10 (1) The applicant qualifies as a homeless person,

11 child, or youth as defined in the Education for Homeless

12 Children Act.

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

14 of the date of the scheduled test.

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

16 homeless person, child, or youth. A homeless services

17 provider that is qualified to verify an individual's

18 housing status, as determined by the Illinois Community

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

20 housing status may verify the applicant's status for

21 purposes of this subdivision (3).

22 (4) The applicant has completed a high school

23 equivalency preparation course through an Illinois

24 Community College Board-approved provider.

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

26 center operated by a regional superintendent of schools or

SB3792

- 27 -

LRB102 25808 CMG 35148 b

1 the Cook County High School Equivalency Office.

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

3 Illinois High School Diploma ~~high school equivalency~~

4 ~~certificate~~shall contain the signatures of the Executive

5 Director of the Illinois Community College Board and the

6 superintendent, president, or other chief executive officer of

7 the institution where high school equivalency testing

8 instruction occurred and any other signatures authorized by

9 the Illinois Community College Board.

10 The regional superintendent of schools shall furnish the

11 Illinois Community College Board with any information that the

12 Illinois Community College Board requests with regard to

13 testing and diplomas ~~certificates~~under this Section.

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

15 100-130, eff. 1-1-18.)

16 (105 ILCS 5/13-40) (from Ch. 122, par. 13-40)

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

18 Department of Juvenile Justice and thereby to better serve the

19 interests of the people of Illinois the following bill is

20 presented.

21 Its purpose is to enhance the quality and scope of

22 education for inmates and wards within the Department of

23 Juvenile Justice so that they will be better motivated and

24 better equipped to restore themselves to constructive and law

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

SB3792

- 28 -

LRB102 25808 CMG 35148 b

1 the creation of a school district within the Department so

2 that its educational programs can meet the needs of persons

3 committed and so the resources of public education at the

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

5 contemplated within the provisions of the Illinois State

6 Constitution of 1970 which provides that "A fundamental goal

7 of the People of the State is the educational development of

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

9 July 1, 2006, the Department of Corrections school district

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

11 shall be responsible for the education of youth within the

12 Department of Juvenile Justice and inmates age 21 or under

13 within the Department of Corrections who have not yet earned a

14 high school diploma or a State of Illinois High School Diploma

15 ~~high school equivalency certificate~~, and the district may

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

17 advanced educational schools as provided in this Act. The

18 Department of Corrections retains authority as provided for in

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

20 Corrections. The Board of Education for this district shall

21 with the aid and advice of professional educational personnel

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

23 Education determine the needs and type of schools and the

24 curriculum for each school within the school district and may

25 proceed to establish the same through existing means within

26 present and future appropriations, federal and state school

SB3792

- 29 -

LRB102 25808 CMG 35148 b

1 funds, vocational rehabilitation grants and funds and all

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

3 federal funds, but not exclusive to the said sources but

4 inclusive of all funds which might be available for school

5 purposes.

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

7 (105 ILCS 5/26-2) (from Ch. 122, par. 26-2)

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

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

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

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

12 enrolled in any of grades kindergarten through 12 in the

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

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

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

16 2, 3, 4, 5, or 6 of Section 26-1. Beginning with the 2014-2015

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

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

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

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

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

22 session during the regular school term, unless the child is

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

24 this Code.

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

SB3792

- 30 -

LRB102 25808 CMG 35148 b

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

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

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

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

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

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

7 alternative learning opportunities program established under

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

9 above reasons unless the school district first offers the

10 child due process as required in cases of expulsion under

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

12 provided with due process, the school district must provide

13 counseling to that child and must direct that child to

14 alternative educational programs, including adult education

15 programs, that lead to graduation or receipt of aState of

16 Illinois High School Diploma ~~high school equivalency~~

17 ~~certificate~~.

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

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

20 to meet minimum attendance standards if all of the following

21 conditions are met:

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

23 or more of the attendance days in the semester immediately

24 prior to the current semester.

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

26 are given written notice warning that the student is

SB3792

- 31 -

LRB102 25808 CMG 35148 b

1 subject to denial from enrollment for one semester unless

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

3 the attendance days in the current semester.

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

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

6 Board of Education in accordance with due process.

7 (4) The student is provided with attendance

8 remediation services, including without limitation

9 assessment, counseling, and support services.

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

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

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

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

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

15 consecutive semester for failure to meet attendance standards.

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

17 in violation of the federal Individuals with Disabilities

18 Education Act or the Americans with Disabilities Act.

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

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

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

22 educational progress and outcomes of reenrolled students as a

23 subset of the district's required reporting on all

24 enrollments. A reenrolled student who again drops out must not

25 be counted again against a district's dropout rate performance

26 measure. The State Board of Education shall set performance

SB3792

- 32 -

LRB102 25808 CMG 35148 b

1 standards for programs serving reenrolled students.

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

3 necessary to implement the changes to this Section made by

4 Public Act 93-803.

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

6 Section 25. The Public University Uniform Admission Pilot

7 Program Act is amended by changing Section 25 as follows:

8 (110 ILCS 118/25)

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

10 Sec. 25. Graduates of nonaccredited private schools.

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

12 education" means a course of study at the secondary school

13 level in a nonaccredited private school setting.

14 (b) Because the State of Illinois considers successful

15 completion of a nonaccredited secondary education to be

16 equivalent to graduation from a public high school, an

17 institution, in complying with this Act and for all other

18 purposes, must treat an applicant for admission to the

19 institution as an undergraduate student who presents evidence

20 that he or she has successfully completed a nonaccredited

21 secondary education according to the same general standards,

22 including specific standardized testing score requirements, as

23 other applicants for undergraduate admission who have

24 graduated from a public high school.

SB3792

- 33 -

LRB102 25808 CMG 35148 b

1 (c) An institution may not require an applicant for

2 admission to the institution as an undergraduate student who

3 presents evidence that he or she has successfully completed a

4 nonaccredited secondary education to:

5 (1) obtain or submit evidence that the person has

6 obtained a general educational development certificate,

7 State of Illinois High School Diploma ~~certificate of high~~

8 ~~school equivalency~~, or other credentials equivalent to a

9 public high school degree; or

10 (2) take an examination or comply with any other

11 application or admission requirement not generally

12 applicable to other applicants for undergraduate admission

13 to the institution.

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

15 institution in its undergraduate admission review process

16 sorts or is required to sort applicants by high school

17 graduating class rank, the institution shall place any

18 applicant who presents evidence that the applicant has

19 successfully completed a nonaccredited secondary education

20 that does not include a high school graduating class ranking

21 at the average high school graduating class rank of

22 undergraduate applicants to the institution who have

23 equivalent standardized testing scores as the applicant.

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

25 respect to admission into the institution or any program

26 within the institution, with respect to scholarship programs,

SB3792

- 34 -

LRB102 25808 CMG 35148 b

1 and with respect to other terms and conditions, and in

2 complying with this Act, an institution may not treat an

3 applicant who has successfully completed a nonaccredited

4 secondary education that does not include a high school

5 graduating class ranking differently than an applicant who

6 graduated from an accredited public school.

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

8 Section 30. The Public Community College Act is amended by

9 changing Section 2-22 as follows:

10 (110 ILCS 805/2-22)

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

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

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

14 Education and State Superintendent of Education with regard to

15 high school equivalency testing ~~certificates~~under the School

16 Code shall be transferred to the Illinois Community College

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

18 assets, liabilities, contracts, property, records, pending

19 business, and unexpended appropriations of the State Board of

20 Education with regard to high school equivalency testing

21 ~~certificates~~ shall be transferred to the Illinois Community

22 College Board. The Illinois Community College Board may adopt

23 any rules necessary to carry out its responsibilities under

24 the School Code with regard to high school equivalencytesting

SB3792

- 35 -

LRB102 25808 CMG 35148 b

1 ~~certificates~~ and to carry into efficient and uniform effect

2 the provisions for the issuance of State of Illinois High

3 School Diplomas ~~high school equivalency certificates~~ in this

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

5 State Board of Education under the School Code with regard to

6 high school equivalency testing ~~certificates~~shall continue in

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

8 Community College Board, until they are modified by the

9 Illinois Community College Board.

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

11 Section 35. The Higher Education Student Assistance Act is

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

13 (110 ILCS 947/50)

14 Sec. 50. Minority Teachers of Illinois scholarship

15 program.

16 (a) As used in this Section:

17 "Eligible applicant" means a minority student who has

18 graduated from high school or has received aState of

19 Illinois High School Diploma ~~high school equivalency~~

20 ~~certificate~~and has maintained a cumulative grade point

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

22 reason thereof is entitled to apply for scholarships to be

23 awarded under this Section.

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

SB3792

- 36 -

LRB102 25808 CMG 35148 b

1 following:

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

3 having origins in any of the original peoples of North

4 and South America, including Central America, and who

5 maintains tribal affiliation or community attachment).

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

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

8 the Indian subcontinent, including, but not limited

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

10 Pakistan, the Philippine Islands, Thailand, and

11 Vietnam).

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

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

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

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

16 other Spanish culture or origin, regardless of race).

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

18 person having origins in any of the original peoples

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

20 "Qualified bilingual minority applicant" means a

21 qualified student who demonstrates proficiency in a

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

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

24 receiving a passing score on an educator licensure target

25 language proficiency test.

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

SB3792

- 37 -

LRB102 25808 CMG 35148 b

1 resident of this State and a citizen or permanent resident

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

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

4 applicant, has made a timely application for a minority

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

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

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

8 enrolled in a course of study leading to teacher

9 licensure, including alternative teacher licensure, or, if

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

11 study leading to an additional teaching endorsement or a

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

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

14 College and Career Pathway Endorsements pursuant to

15 Section 80 of the Postsecondary and Workforce Readiness

16 Act and commits to enrolling in a course of study leading

17 to teacher licensure, including alternative teacher

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

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

20 advance satisfactorily toward the attainment of a degree.

21 (b) In order to encourage academically talented Illinois

22 minority students to pursue teaching careers at the preschool

23 or elementary or secondary school level and to address and

24 alleviate the teacher shortage crisis in this State described

25 under the provisions of the Transitions in Education Act, each

26 qualified student shall be awarded a minority teacher

SB3792

- 38 -

LRB102 25808 CMG 35148 b

1 scholarship to any qualified Illinois institution of higher

2 learning. However, preference may be given to qualified

3 applicants enrolled at or above the junior level.

4 (c) Each minority teacher scholarship awarded under this

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

6 fees and room and board costs of the qualified Illinois

7 institution of higher learning at which the recipient is

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

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

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

11 scholarship shall be sufficient to pay tuition and fee

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

13 $5,000. However, if at least $2,850,000 is appropriated in a

14 given fiscal year for the Minority Teachers of Illinois

15 scholarship program, then, in each fiscal year thereafter,

16 each scholarship awarded under this Section shall be in an

17 amount sufficient to pay the tuition and fees and room and

18 board costs of the qualified Illinois institution of higher

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

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

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

22 is enrolled, the amount of the scholarship shall be sufficient

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

24 an annual maximum of $7,500.

25 (d) The total amount of minority teacher scholarship

26 assistance awarded by the Commission under this Section to an

SB3792

- 39 -

LRB102 25808 CMG 35148 b

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

2 financial assistance awarded to that individual for that year,

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

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

5 teacher scholarship to be awarded to a qualified student as

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

7 attendance at the institution at which the student is

8 enrolled, the minority teacher scholarship shall be reduced by

9 an amount equal to the amount by which the combined financial

10 assistance available to the student exceeds the cost of

11 attendance.

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

13 qualified student can receive minority teacher scholarship

14 assistance shall be 8 semesters or 12 quarters.

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

16 under this Section accepts financial assistance through the

17 Paul Douglas Teacher Scholarship Program, as authorized by

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

19 applicant shall not be eligible for scholarship assistance

20 awarded under this Section.

21 (g) All applications for minority teacher scholarships to

22 be awarded under this Section shall be made to the Commission

23 on forms which the Commission shall provide for eligible

24 applicants. The form of applications and the information

25 required to be set forth therein shall be determined by the

26 Commission, and the Commission shall require eligible

SB3792

- 40 -

LRB102 25808 CMG 35148 b

1 applicants to submit with their applications such supporting

2 documents or recommendations as the Commission deems

3 necessary.

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

5 payment of any minority teacher scholarship awarded under this

6 Section shall be determined by the Commission. All scholarship

7 funds distributed in accordance with this subsection shall be

8 paid to the institution and used only for payment of the

9 tuition and fee and room and board expenses incurred by the

10 student in connection with his or her attendance at a

11 qualified Illinois institution of higher learning. Any

12 minority teacher scholarship awarded under this Section shall

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

14 qualified student withdraws from enrollment prior to

15 completion of the first semester or quarter for which the

16 minority teacher scholarship is applicable, the school shall

17 refund to the Commission the full amount of the minority

18 teacher scholarship.

19 (i) The Commission shall administer the minority teacher

20 scholarship aid program established by this Section and shall

21 make all necessary and proper rules not inconsistent with this

22 Section for its effective implementation.

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

24 fiscal year is insufficient to provide scholarships to all

25 qualified students, the Commission shall allocate the

26 appropriation in accordance with this subsection. If funds are

SB3792

- 41 -

LRB102 25808 CMG 35148 b

1 insufficient to provide all qualified students with a

2 scholarship as authorized by this Section, the Commission

3 shall allocate the available scholarship funds for that fiscal

4 year to qualified students who submit a complete application

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

6 the following order of priority:

7 (1) To students who received a scholarship under this

8 Section in the prior academic year and who remain eligible

9 for a minority teacher scholarship under this Section.

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

11 students who demonstrate financial need, as determined by

12 the Commission.

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

14 least 35% of the funds appropriated for scholarships awarded

15 under this Section in each fiscal year shall be reserved for

16 qualified male minority applicants, with priority being given

17 to qualified Black male applicants beginning with fiscal year

18 2023. If the Commission does not receive enough applications

19 from qualified male minorities on or before January 1 of each

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

21 scholarships to qualified male minority applicants, then the

22 Commission may award a portion of the reserved funds to

23 qualified female minority applicants in accordance with

24 subsection (j).

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

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

SB3792

- 42 -

LRB102 25808 CMG 35148 b

1 year for scholarships awarded under this Section, then at

2 least 10% of the funds appropriated shall be reserved for

3 qualified bilingual minority applicants, with priority being

4 given to qualified bilingual minority applicants who are

5 enrolled in an educator preparation program with a

6 concentration in bilingual, bicultural education. Beginning

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

8 in a given fiscal year for the Minority Teachers of Illinois

9 scholarship program, then at least 30% of the funds

10 appropriated shall be reserved for qualified bilingual

11 minority applicants, with priority being given to qualified

12 bilingual minority applicants who are enrolled in an educator

13 preparation program with a concentration in bilingual,

14 bicultural education. Beginning with fiscal year 2023, if at

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

16 scholarships awarded under this Section but the Commission

17 does not receive enough applications from qualified bilingual

18 minority applicants on or before January 1 of that fiscal year

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

20 bilingual minority applicants, then the Commission may, in its

21 discretion, award a portion of the reserved funds to other

22 qualified students in accordance with subsection (j).

23 (l) Prior to receiving scholarship assistance for any

24 academic year, each recipient of a minority teacher

25 scholarship awarded under this Section shall be required by

26 the Commission to sign an agreement under which the recipient

SB3792

- 43 -

LRB102 25808 CMG 35148 b

1 pledges that, within the one-year period following the

2 termination of the program for which the recipient was awarded

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

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

5 of scholarship assistance he or she was awarded under this

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

7 nonprofit Illinois public, private, or parochial preschool,

8 elementary school, or secondary school at which no less than

9 30% of the enrolled students are minority students in the year

10 during which the recipient begins teaching at the school or

11 may instead, if the recipient received a scholarship as a

12 qualified bilingual minority applicant, fulfill this teaching

13 obligation in a program in transitional bilingual education

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

15 which 20 or more English learner students in the same language

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

17 the Commission, provide the Commission with evidence that he

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

19 agreement provided for in this subsection.

20 (m) If a recipient of a minority teacher scholarship

21 awarded under this Section fails to fulfill the teaching

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

23 Commission shall require the recipient to repay the amount of

24 the scholarships received, prorated according to the fraction

25 of the teaching obligation not completed, at a rate of

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

SB3792

- 44 -

LRB102 25808 CMG 35148 b

1 collection fees. The Commission is authorized to establish

2 rules relating to its collection activities for repayment of

3 scholarships under this Section. All repayments collected

4 under this Section shall be forwarded to the State Comptroller

5 for deposit into the State's General Revenue Fund.

6 (n) A recipient of minority teacher scholarship shall not

7 be considered in violation of the agreement entered into

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

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

10 related to the field of teaching at a qualified Illinois

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

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

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

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

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

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

17 public, private, or parochial preschool or elementary or

18 secondary school that satisfies the criteria set forth in

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

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

21 disability as established by sworn affidavit of a qualified

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

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

24 Illinois; or (vii) is fulfilling teaching requirements

25 associated with other programs administered by the Commission

26 and cannot concurrently fulfill them under this Section in a

SB3792

- 45 -

LRB102 25808 CMG 35148 b

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

2 (o) Scholarship recipients under this Section who withdraw

3 from a program of teacher education but remain enrolled in

4 school to continue their postsecondary studies in another

5 academic discipline shall not be required to commence

6 repayment of their Minority Teachers of Illinois scholarship

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

8 or if they can document for the Commission special

9 circumstances that warrant extension of repayment.

10 (p) If the Minority Teachers of Illinois scholarship

11 program does not expend at least 90% of the amount

12 appropriated for the program in a given fiscal year for 3

13 consecutive fiscal years and the Commission does not receive

14 enough applications from the groups identified in subsection

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

16 meet the percentage reserved for those groups under subsection

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

18 each of next 3 fiscal years shall be allocated to increasing

19 awareness of the program and for the recruitment of Black male

20 applicants. The Commission shall make a recommendation to the

21 General Assembly by January 1 of the year immediately

22 following the end of that third fiscal year regarding whether

23 the amount allocated to increasing awareness and recruitment

24 should continue.

25 (q) Each qualified Illinois institution of higher learning

26 that receives funds from the Minority Teachers of Illinois

SB3792

- 46 -

LRB102 25808 CMG 35148 b

1 scholarship program shall host an annual information session

2 at the institution about the program for teacher candidates of

3 color in accordance with rules adopted by the Commission.

4 Additionally, the institution shall ensure that each

5 scholarship recipient enrolled at the institution meets with

6 an academic advisor at least once per academic year to

7 facilitate on-time completion of the recipient's educator

8 preparation program.

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

10 ~~this amendatory Act of the 101st General Assembly~~ will first

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

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

13 revised 9-28-21.)

14 (110 ILCS 947/52)

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

16 Apple Foundation for Excellence in Teaching.

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

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

19 not-for-profit corporation.

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

21 students, especially minority students, to pursue teaching

22 careers, especially in teacher shortage disciplines (which

23 shall be defined to include early childhood education) or at

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

25 consultation with the State Board of Education), to provide

SB3792

- 47 -

LRB102 25808 CMG 35148 b

1 those students with the crucial mentoring, guidance, and

2 in-service support that will significantly increase the

3 likelihood that they will complete their full teaching

4 commitments and elect to continue teaching in targeted

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

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

7 of highly-qualified teachers, each qualified student shall be

8 awarded a Golden Apple Scholars of Illinois Program

9 scholarship to any Illinois institution of higher learning.

10 The Commission shall administer the Golden Apple Scholars of

11 Illinois Program, which shall be managed by the Foundation

12 pursuant to the terms of a grant agreement meeting the

13 requirements of Section 4 of the Illinois Grant Funds Recovery

14 Act.

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

16 shall be a student who meets the following qualifications:

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

18 eligible noncitizen of the United States;

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

20 received a State of Illinois High School Diploma ~~high~~

21 ~~school equivalency certificate~~;

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

23 basis, at an institution of higher learning;

24 (4) is pursuing a postsecondary course of study

25 leading to initial certification or pursuing additional

26 course work needed to gain State Board of Education

SB3792

- 48 -

LRB102 25808 CMG 35148 b

1 approval to teach, including alternative teacher

2 licensure; and

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

4 approved to receive a scholarship from the Foundation.

5 (a-5) (Blank).

6 (b) (Blank).

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

8 Illinois Program shall be used by the Commission for the

9 payment of scholarship assistance under this Section or for

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

11 Recovery Act, to the Foundation. Subject to appropriation,

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

13 annual basis and following an application for grant funds by

14 the Foundation.

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

16 application to the Commission for grant funds an estimate of

17 the amount of scholarship assistance to be provided to

18 qualified students during the grant period. Any amount of

19 appropriated funds exceeding the estimated amount of

20 scholarship assistance may be awarded by the Commission to the

21 Foundation for management expenses expected to be incurred by

22 the Foundation in providing the mentoring, guidance, and

23 in-service supports that will increase the likelihood that

24 qualified students will complete their teaching commitments

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

26 the estimate of the amount of scholarship assistance described

SB3792

- 49 -

LRB102 25808 CMG 35148 b

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

2 required for the award of scholarship assistance to qualified

3 students, the Foundation shall be responsible for using

4 awarded grant funds to ensure all qualified students receive

5 scholarship assistance under this Section.

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

7 within the time specified in a grant agreement between the

8 Foundation and the Commission shall be returned to the

9 Commission within 45 days. Any funds legally obligated by the

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

11 otherwise returned to the Commission within 90 days after the

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

13 funds.

14 (c) Each scholarship awarded under this Section shall be

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

16 and board costs of the Illinois institution of higher learning

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

18 $5,000; except that in the case of a recipient who does not

19 reside on-campus at the institution of higher learning at

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

21 shall be sufficient to pay tuition and fee expenses and a

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

23 scholarship funds distributed in accordance with this Section

24 shall be paid to the institution on behalf of recipients.

25 (d) The total amount of scholarship assistance awarded by

26 the Commission under this Section to an individual in any

SB3792

- 50 -

LRB102 25808 CMG 35148 b

1 given fiscal year, when added to other financial assistance

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

3 cost of attendance at the institution of higher learning at

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

5 qualified student under this Section accepts financial

6 assistance through any other teacher scholarship program

7 administered by the Commission, a qualified student shall not

8 be eligible for scholarship assistance awarded under this

9 Section.

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

11 quarters of scholarship assistance under this Section.

12 Scholarship funds are applicable toward 2 semesters or 3

13 quarters of enrollment each academic year.

14 (f) All applications for scholarship assistance to be

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

16 form determined by the Foundation. Each year, the Foundation

17 shall notify the Commission of the individuals awarded

18 scholarship assistance under this Section. Each year, at least

19 30% of the Golden Apple Scholars of Illinois Program

20 scholarships shall be awarded to students residing in counties

21 having a population of less than 500,000.

22 (g) (Blank).

23 (h) The Commission shall administer the payment of

24 scholarship assistance provided through the Golden Apple

25 Scholars of Illinois Program and shall make all necessary and

26 proper rules not inconsistent with this Section for the

SB3792

- 51 -

LRB102 25808 CMG 35148 b

1 effective implementation of this Section.

2 (i) Prior to receiving scholarship assistance for any

3 academic year, each recipient of a scholarship awarded under

4 this Section shall be required by the Foundation to sign an

5 agreement under which the recipient pledges that, within the

6 2-year period following the termination of the academic

7 program for which the recipient was awarded a scholarship, the

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

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

10 nonprofit Illinois public, private, or parochial preschool or

11 an Illinois public elementary or secondary school that

12 qualifies for teacher loan cancellation under Section

13 465(a)(2)(A) of the federal Higher Education Act of 1965 (20

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

15 eligible for fulfilling the teaching commitment as designated

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

17 Foundation, provide the Foundation with evidence that he or

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

19 agreement provided for in this subsection. Upon request, the

20 Foundation shall provide evidence of teacher fulfillment to

21 the Commission.

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

23 Section fails to fulfill the teaching obligation set forth in

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

25 the recipient to repay the amount of the scholarships

26 received, prorated according to the fraction of the teaching

SB3792

- 52 -

LRB102 25808 CMG 35148 b

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

2 applicable, reasonable collection fees. Payments received by

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

4 the State Comptroller for deposit into the General Revenue

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

6 equals the amount in expenses that the Commission has

7 reasonably incurred in attempting collection from that

8 recipient shall be remitted to the State Comptroller for

9 deposit into the Commission's Accounts Receivable Fund.

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

11 under this Section shall not be considered to have failed to

12 fulfill the teaching obligations of the agreement entered into

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

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

15 related to the field of teaching at an institution of higher

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

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

18 disability, as established by sworn affidavit of a qualified

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

20 employment as a teacher at a school that satisfies the

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

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

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

24 teacher in Illinois; (vi) is fulfilling teaching requirements

25 associated with other programs administered by the Commission

26 and cannot concurrently fulfill them under this Section in a

SB3792

- 53 -

LRB102 25808 CMG 35148 b

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

2 or (vii) is participating in a program established under

3 Executive Order 10924 of the President of the United States or

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

5 12501 et seq.). Any such extension of the period during which

6 the teaching requirement must be fulfilled shall be subject to

7 limitations of duration as established by the Commission.

8 (l) A recipient who fails to fulfill the teaching

9 obligations of the agreement entered into pursuant to

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

11 scholarship assistance awarded to them under this Section

12 within 10 years.

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

14 consultation with the Foundation, the Foundation shall submit

15 a report to assist the Commission in monitoring the

16 Foundation's performance of grant activities. The report shall

17 describe the following:

18 (1) the Foundation's anticipated expenditures for the

19 next fiscal year;

20 (2) the number of qualified students receiving

21 scholarship assistance at each institution of higher

22 learning where a qualified student was enrolled under this

23 Section during the previous fiscal year;

24 (3) the total monetary value of scholarship funds paid

25 to each institution of higher learning at which a

26 qualified student was enrolled during the previous fiscal

SB3792

- 54 -

LRB102 25808 CMG 35148 b

1 year;

2 (4) the number of scholarship recipients who completed

3 a baccalaureate degree during the previous fiscal year;

4 (5) the number of scholarship recipients who fulfilled

5 their teaching obligation during the previous fiscal year;

6 (6) the number of scholarship recipients who failed to

7 fulfill their teaching obligation during the previous

8 fiscal year;

9 (7) the number of scholarship recipients granted an

10 extension described in subsection (k) of this Section

11 during the previous fiscal year;

12 (8) the number of scholarship recipients required to

13 repay scholarship assistance in accordance with subsection

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

15 (9) the number of scholarship recipients who

16 successfully repaid scholarship assistance in full during

17 the previous fiscal year;

18 (10) the number of scholarship recipients who

19 defaulted on their obligation to repay scholarship

20 assistance during the previous fiscal year;

21 (11) the amount of scholarship assistance subject to

22 collection in accordance with subsection (j) of this

23 Section at the end of the previous fiscal year;

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

25 the Comptroller in accordance with subsection (j) of this

26 Section at the end of the previous fiscal year; and

SB3792

- 55 -

LRB102 25808 CMG 35148 b

1 (13) other information that the Commission may

2 reasonably request.

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

4 Commission to collect moneys owed to it by recipients of

5 scholarship assistance through the Illinois Future Teacher

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

7 General Assembly.

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

9 the operations and finances of the Golden Apple Scholars of

10 Illinois Program. This audit shall be provided to the

11 Governor, General Assembly, and the Commission.

12 (p) The suspension of grant making authority found in

13 Section 4.2 of the Illinois Grant Funds Recovery Act shall not

14 apply to grants made pursuant to this Section.

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

16 99-143, eff. 7-27-15.)

17 (110 ILCS 947/62)

18 Sec. 62. Grants for exonerated persons.

19 (a) In this Section:

20 "Exonerated person" means an individual who has received a

21 pardon from the Governor of the State of Illinois stating that

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

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

24 has received a certificate of innocence from a circuit court

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

SB3792

- 56 -

LRB102 25808 CMG 35148 b

1 "Satisfactory academic progress" means the qualified

2 applicant's maintenance of minimum standards of academic

3 performance, consistent with requirements for maintaining

4 federal financial aid eligibility, as determined by the

5 institution of higher learning.

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

7 the Commission shall, each year, receive and consider

8 applications for grant assistance under this Section.

9 Recipients of grants issued by the Commission in accordance

10 with this Section must be exonerated persons. Provided that

11 the recipient is maintaining satisfactory academic progress,

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

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

14 any public university or public community college located in

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

16 may be used for undergraduate or graduate study.

17 In addition, an exonerated person who has not yet received

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

19 Diploma ~~high school equivalency certificate~~ and completes a

20 high school equivalency preparation course through an Illinois

21 Community College Board-approved provider may use grant funds

22 to pay costs associated with obtaining a State of Illinois

23 High School Diploma ~~high school equivalency certificate~~,

24 including payment of the cost of the high school equivalency

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

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

SB3792

- 57 -

LRB102 25808 CMG 35148 b

1 of Illinois High School Diploma ~~an Illinois High School~~

2 ~~Equivalency Certificate~~ or an official transcript of test

3 scores after successful completion of the high school

4 equivalency test.

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

6 demonstrate financial need to qualify for the benefits.

7 (d) The Commission may adopt any rules necessary to

8 implement and administer this Section.

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

10 Section 40. The Illinois Insurance Code is amended by

11 changing Section 500-50 as follows:

12 (215 ILCS 5/500-50)

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

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

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

16 qualifications of persons to be licensed as insurance

17 producers has a direct and far-reaching effect on persons

18 seeking those licenses, on insurance companies, and on the

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

20 public welfare to insure that examinations for licensing do

21 not have the effect of unlawfully discriminating against

22 applicants for licensing as insurance producers on the basis

23 of race, color, national origin, or sex.

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

SB3792

- 58 -

LRB102 25808 CMG 35148 b

1 meanings given in this subsection.

2 Examination. "Examination" means the examination in each

3 line of insurance administered pursuant to Section 500-30.

4 Examinee. "Examinee" means a person who takes an

5 examination.

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

7 score is calculated.

8 Operational item. "Operational item" means a test question

9 considered in determining an examinee's score.

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

11 instrument used for a part of an examination.

12 Pretest item. "Pretest item" means a prospective test

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

14 performance, but is not considered in determining an

15 examinee's score.

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

17 examinees" means examinees who are American Indian or Alaska

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

19 or Native Hawaiian or Other Pacific Islander.

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

21 means the number of examinees who provided the correct answer

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

23 item.

24 Correlation. "Correlation" means a statistical measure of

25 the relationship between performance on an item and

26 performance on a part of the examination.

SB3792

- 59 -

LRB102 25808 CMG 35148 b

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

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

3 other appropriate means, the following information:

4 (1) race or ethnicity (American Indian or Alaska

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

6 Latino, Native Hawaiian or Other Pacific Islander, or

7 White);

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

9 grade; high school diploma orState of Illinois High

10 School Diploma ~~high school equivalency certificate~~; some

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

12 and

13 (3) gender (male or female).

14 The Director must advise all examinees that they are not

15 required to provide this information, that they will not be

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

17 information provided exclusively for research and statistical

18 purposes and to improve the quality and fairness of the

19 examinations.

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

21 prepare, publicly announce, and publish an Examination Report

22 of summary statistical information relating to each

23 examination administered during the preceding calendar year.

24 Each Examination Report shall show with respect to each

25 examination:

26 (1) For all examinees combined and separately by race

SB3792

- 60 -

LRB102 25808 CMG 35148 b

1 or ethnicity, by educational level, by gender, by

2 educational level within race or ethnicity, by education

3 level within gender, and by race or ethnicity within

4 gender:

5 (A) number of examinees;

6 (B) percentage and number of examinees who passed

7 each part;

8 (C) percentage and number of examinees who passed

9 all parts;

10 (D) mean scaled scores on each part; and

11 (E) standard deviation of scaled scores on each

12 part.

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

14 African American examinees, white examinees, American

15 Indian or Alaska Native examinees, Asian examinees,

16 Hispanic or Latino examinees, and Native Hawaiian or Other

17 Pacific Islander, respectively, with a high school diploma

18 or State of Illinois High School Diploma ~~high school~~

19 ~~equivalency certificate~~, the distribution of scaled scores

20 on each part.

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

22 and make available on request an Item Report of summary

23 statistical information relating to each operational item on

24 each test form administered during the preceding calendar

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

26 for all examinees combined and separately for Black or African

SB3792

- 61 -

LRB102 25808 CMG 35148 b

1 American examinees, white examinees, American Indian or Alaska

2 Native examinees, Asian examinees, Hispanic or Latino

3 examinees, and Native Hawaiian or Other Pacific Islander, the

4 correct-answer rates and correlations.

5 The Director is not required to report separate

6 statistical information for any group or subgroup comprising

7 fewer than 50 examinees.

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

9 data collected under this Section, and any other relevant

10 information, for purposes of the development of new test

11 forms. The analysis shall continue the implementation of the

12 item selection methodology as recommended in the Final Report

13 of the Illinois Insurance Producer's Licensing Examination

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

15 Department unless some other methodology is determined by the

16 Director to be as effective in minimizing differences between

17 white and minority examinee pass-fail rates.

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

19 for the examinations, provided that scaled scores on test

20 forms administered after July 1, 1993, shall be made

21 comparable to scaled scores on test forms administered in 1991

22 by use of professionally acceptable methods so as to minimize

23 changes in passing rates related to the presence or absence of

24 or changes in equating or scaling equations or methods or

25 content outlines. Each calendar year, the scaled cutoff score

26 for each part of each examination shall fluctuate by no more

SB3792

- 62 -

LRB102 25808 CMG 35148 b

1 than the standard error of measurement from the scaled cutoff

2 score employed during the preceding year.

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

4 every fourth year thereafter, the Director must release to the

5 public and make generally available one representative test

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

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

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

9 forms, answer sheets, operational items and pretest items,

10 item analyses, and other statistical analyses relating to the

11 examinations. All personal identifying information regarding

12 examinees and the content of test items must be maintained

13 confidentially as necessary for purposes of protecting the

14 personal privacy of examinees and the maintenance of test

15 security.

16 (i) In administering the examinations, the Director must

17 make such accommodations for examinees with disabilities as

18 are reasonably warranted by the particular disability

19 involved, including the provision of additional time if

20 necessary to complete an examination or special assistance in

21 taking an examination.

22 (j) For the purposes of this Section:

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

24 having origins in any of the original peoples of North and

25 South America, including Central America, and who

26 maintains tribal affiliation or community attachment.

SB3792

- 63 -

LRB102 25808 CMG 35148 b

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

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

3 the Indian subcontinent, including, but not limited to,

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

5 the Philippine Islands, Thailand, and Vietnam.

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

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

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

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

10 Spanish culture or origin, regardless of race.

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

12 a person having origins in any of the original peoples of

13 Hawaii, Guam, Samoa, or other Pacific Islands.

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

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

16 Africa.

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

18 Section 45. The Nurse Practice Act is amended by changing

19 Section 80-40 as follows:

20 (225 ILCS 65/80-40)

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

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

23 licensure by examination to practice as a licensed medication

24 aide must:

SB3792

- 64 -

LRB102 25808 CMG 35148 b

1 (1) submit a completed written application on forms

2 provided by the Department and fees as established by the

3 Department;

4 (2) be age 18 or older;

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

6 High School Diploma ~~high school equivalency certificate~~;

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

8 the English language, as determined by rule;

9 (5) demonstrate competency in math, as determined by

10 rule;

11 (6) be currently certified in good standing as a

12 certified nursing assistant and provide proof of 2,000

13 hours of practice as a certified nursing assistant within

14 3 years before application for licensure;

15 (7) submit to the criminal history records check

16 required under Section 50-35 of this Act;

17 (8) have not engaged in conduct or behavior determined

18 to be grounds for discipline under this Act;

19 (9) be currently certified to perform cardiopulmonary

20 resuscitation by the American Heart Association or

21 American Red Cross;

22 (10) have successfully completed a course of study

23 approved by the Department as defined by rule; to be

24 approved, the program must include a minimum of 60 hours

25 of classroom-based medication aide education, a minimum of

26 10 hours of simulation laboratory study, and a minimum of

SB3792

- 65 -

LRB102 25808 CMG 35148 b

1 30 hours of registered nurse-supervised clinical practicum

2 with progressive responsibility of patient medication

3 assistance;

4 (11) have successfully completed the Medication Aide

5 Certification Examination or other examination authorized

6 by the Department; and

7 (12) submit proof of employment by a qualifying

8 facility.

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

10 Section 50. The Pharmacy Practice Act is amended by

11 changing Section 9 as follows:

12 (225 ILCS 85/9) (from Ch. 111, par. 4129)

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

14 Sec. 9. Licensure as registered pharmacy technician.

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

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

17 has not engaged in conduct or behavior determined to be

18 grounds for discipline under this Act, is attending or has

19 graduated from an accredited high school or comparable school

20 or educational institution or received aState of Illinois

21 High School Diploma ~~high school equivalency certificate~~, and

22 has filed a written or electronic application for licensure on

23 a form to be prescribed and furnished by the Department for

24 that purpose. The Department shall issue a license as a

SB3792

- 66 -

LRB102 25808 CMG 35148 b

1 registered pharmacy technician to any applicant who has

2 qualified as aforesaid, and such license shall be the sole

3 authority required to assist licensed pharmacists in the

4 practice of pharmacy, under the supervision of a licensed

5 pharmacist. A registered pharmacy technician may be delegated

6 to perform any task within the practice of pharmacy if

7 specifically trained for that task, except for patient

8 counseling, drug regimen review, or clinical conflict

9 resolution.

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

11 initial licensure as a registered pharmacy technician, the

12 licensee must meet the requirements described in Section 9.5

13 of this Act and become licensed as a registered certified

14 pharmacy technician. If the licensee has not yet attained the

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

16 technician, the licensee must meet the requirements described

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

18 certified pharmacy technician. This requirement does not apply

19 to pharmacy technicians registered prior to January 1, 2008.

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

21 also enrolled in a first professional degree program in

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

23 pharmacy of a university approved by the Department or has

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

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

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

SB3792

- 67 -

LRB102 25808 CMG 35148 b

1 of the requirements for licensure as a registered pharmacy

2 technician set forth in this Section excluding the requirement

3 of certification prior to the second license renewal and pay

4 the required registered pharmacy technician license fees. A

5 student pharmacist may, under the supervision of a pharmacist,

6 assist in the practice of pharmacy and perform any and all

7 functions delegated to him or her by the pharmacist.

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

9 graduated from a pharmacy program outside the United States

10 must register as a pharmacy technician and shall be considered

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

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

13 of training approved by the Board of Pharmacy described and

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

15 These individuals are not required to become registered

16 certified pharmacy technicians while completing their Board

17 approved clinical training, but must become licensed as a

18 pharmacist or become licensed as a registered certified

19 pharmacy technician before the second pharmacy technician

20 license renewal following completion of the Board approved

21 clinical training.

22 (e) The Department shall not renew the registered pharmacy

23 technician license of any person who has been licensed as a

24 registered pharmacy technician with the designation "student

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

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

SB3792

- 68 -

LRB102 25808 CMG 35148 b

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

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

3 licensure examination 3 times. The Department shall require

4 these individuals to meet the requirements of and become

5 licensed as a registered certified pharmacy technician.

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

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

8 this Section.

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

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

11 is licensed as a registered pharmacist under the laws of

12 another United States jurisdiction shall be permitted to

13 engage in the program of practice experience required in the

14 academic program by virtue of such license. Such person shall

15 be exempt from the requirement of licensure as a registered

16 pharmacy technician or registered certified pharmacy

17 technician while engaged in the program of practice experience

18 required in the academic program.

19 An applicant for licensure as a registered pharmacy

20 technician may assist a pharmacist in the practice of pharmacy

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

22 license if the applicant has submitted the required fee and an

23 application for licensure to the Department. The applicant

24 shall keep a copy of the submitted application on the premises

25 where the applicant is assisting in the practice of pharmacy.

26 The Department shall forward confirmation of receipt of the

SB3792

- 69 -

LRB102 25808 CMG 35148 b

1 application with start and expiration dates of practice

2 pending licensure.

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

4 Section 55. The Structural Pest Control Act is amended by

5 changing Section 5 as follows:

6 (225 ILCS 235/5) (from Ch. 111 1/2, par. 2205)

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

8 Sec. 5. Certification requirements. No individual shall

9 apply any general use or restricted pesticide while engaged in

10 commercial structural pest control in this State unless the

11 individual is engaged in or has completed the training

12 requirements prescribed by the Department and is certified, or

13 supervised by someone who is certified, by the Department in

14 accordance with this Section.

15 No individual shall apply any restricted pesticide while

16 engaged in non-commercial structural pest control in this

17 State unless the individual is engaged in or has completed the

18 training requirements prescribed by the Department and is

19 certified or supervised by someone who is certified in

20 accordance with this Section. In addition, any individual at

21 any non-commercial structural pest control location using

22 general use pesticides shall comply with the labeling

23 requirements of the pesticides used at that location.

24 Each commercial structural pest control location shall be

SB3792

- 70 -

LRB102 25808 CMG 35148 b

1 required to employ at least one certified technician at each

2 location. In addition, each non-commercial structural pest

3 control location utilizing restricted pesticides shall be

4 required to employ at least one certified technician at each

5 location. Individuals who are not certified technicians may

6 work under the supervision of a certified technician employed

7 at the commercial or non-commercial location who shall be

8 responsible for their pest control activities. Any technician

9 providing supervision for the use of restricted pesticides

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

11 providing supervision.

12 A. Any individual engaging in commercial structural pest

13 control and utilizing general use pesticides must:

14 1. be at least 18 years of age;

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

16 High School Diploma ~~high school equivalency certificate~~;

17 and

18 3. have filed an original application, paid the fee

19 required for examination, and have passed the General

20 Standards examination.

21 B. Any individual engaging in commercial or non-commercial

22 structural pest control and supervising the use of restricted

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

24 this Act must:

25 1. be at least 18 years of age;

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

SB3792

- 71 -

LRB102 25808 CMG 35148 b

1 High School Diploma ~~high school equivalency certificate~~;

2 and

3 3. have:

4 a. six months of practical experience in

5 structural pest control; or

6 b. successfully completed a minimum of 16 semester

7 hours, or their equivalent, in entomology or related

8 fields from a recognized college or university; or

9 c. successfully completed a pest control course,

10 approved by the Department, from a recognized

11 educational institution or other entity.

12 Each applicant shall have filed an original application

13 and paid the fee required for examination. Every applicant who

14 successfully passes the General Standards examination and at

15 least one sub-category examination shall be certified in each

16 sub-category which he has successfully passed.

17 A certified technician who wishes to be certified in

18 sub-categories for which he has not been previously certified

19 may apply for any sub-category examination provided he meets

20 the requirements set forth in this Section, files an original

21 application, and pays the fee for examination.

22 An applicant who fails to pass the General Standards

23 examination or any sub-category examination may reapply for

24 that examination, provided that he files an application and

25 pays the fee required for an original examination.

26 Re-examination applications shall be on forms prescribed by

SB3792

- 72 -

LRB102 25808 CMG 35148 b

1 the Department.

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

3 Section 60. The Community Association Manager Licensing

4 and Disciplinary Act is amended by changing Section 40 as

5 follows:

6 (225 ILCS 427/40)

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

8 Sec. 40. Qualifications for licensure as a community

9 association manager.

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

11 community association manager under this Act unless the person

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

13 required, nonrefundable fees and has met all of the following

14 qualifications:

15 (1) Is at least 18 years of age.

16 (1.5) Successfully completed a 4-year course of study

17 in a high school, secondary school, or an equivalent

18 course of study approved by the state in which the school

19 is located, or possess a State of Illinois High School

20 Diploma ~~high school equivalency certificate~~, which shall

21 be verified under oath by the applicant.

22 (2) Provided satisfactory evidence of having completed

23 at least 20 classroom hours in community association

24 management courses approved by the Board.

SB3792

- 73 -

LRB102 25808 CMG 35148 b

1 (3) Passed an examination authorized by the

2 Department.

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

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

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

6 character under this Section, the Department may take into

7 consideration whether the applicant has engaged in conduct

8 or activities that would constitute grounds for discipline

9 under this Act. Good moral character is a continuing

10 requirement of licensure. Conviction of crimes may be used

11 in determining moral character, but shall not constitute

12 an absolute bar to licensure.

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

14 jurisdiction to be incompetent by reason of mental or

15 physical defect or disease, unless subsequently declared

16 by a court to be competent.

17 (7) Complies with any additional qualifications for

18 licensure as determined by rule of the Department.

19 (b) (Blank).

20 (c) (Blank).

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

22 to complete the application process. If the process has not

23 been completed within the 3 years, the application shall be

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

25 reapply and meet the requirements in effect at the time of

26 re-application.

SB3792

- 74 -

LRB102 25808 CMG 35148 b

1 (e) The Department shall not require applicants to report

2 the following information and shall not consider the following

3 criminal history records in connection with an application for

4 licensure:

5 (1) juvenile adjudications of delinquent minors as

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

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

8 that Act;

9 (2) law enforcement records, court records, and

10 conviction records of an individual who was 17 years old

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

12 unless the nature of the offense required the individual

13 to be tried as an adult;

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

15 conviction;

16 (4) records of arrest in which the charges were

17 dismissed unless related to the practice of the

18 profession; however, applicants shall not be asked to

19 report any arrests, and an arrest not followed by a

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

21 used only to assess an applicant's rehabilitation;

22 (5) convictions overturned by a higher court; or

23 (6) convictions or arrests that have been sealed or

24 expunged.

25 (f) An applicant or licensee shall report to the

26 Department, in a manner prescribed by the Department, and

SB3792

- 75 -

LRB102 25808 CMG 35148 b

1 within 30 days after the occurrence if during the term of

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

3 contendere to forgery, embezzlement, obtaining money under

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

5 any similar offense or offenses or any conviction of a felony

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

7 sanction by a government agency in this State or any other

8 jurisdiction that has as an essential element dishonesty or

9 fraud or involves larceny, embezzlement, or obtaining money,

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

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

12 that subjects the licensee to compliance with the requirements

13 of the Sex Offender Registration Act.

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

15 Section 65. The Home Inspector License Act is amended by

16 changing Section 5-10 as follows:

17 (225 ILCS 441/5-10)

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

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

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

21 inspector license shall:

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

23 the Department and accompanied by the required fee; all

24 applications shall contain the information that, in the

SB3792

- 76 -

LRB102 25808 CMG 35148 b

1 judgment of the Department, enables the Department to pass

2 on the qualifications of the applicant for a license to

3 practice as a home inspector as set by rule;

4 (2) be at least 18 years of age;

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

6 a high school or secondary school or an equivalent course

7 of study approved by the state in which the school is

8 located, or possess a State of Illinois High School

9 Diploma ~~high school equivalency certificate~~, which shall

10 be verified under oath by the applicant;

11 (4) personally take and pass a written examination and

12 a field examination authorized by the Department; and

13 (5) prior to taking the examination, provide evidence

14 to the Department that the applicant has successfully

15 completed the prerequisite classroom hours of instruction

16 in home inspection, as established by rule.

17 (b) The Department shall not require applicants to report

18 the following information and shall not consider the following

19 criminal history records in connection with an application for

20 licensure or registration:

21 (1) juvenile adjudications of delinquent minors as

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

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

24 that Act;

25 (2) law enforcement records, court records, and

26 conviction records of an individual who was 17 years old

SB3792

- 77 -

LRB102 25808 CMG 35148 b

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

2 unless the nature of the offense required the individual

3 to be tried as an adult;

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

5 conviction;

6 (4) records of arrest where the charges were dismissed

7 unless related to the practice of the profession; however,

8 applicants shall not be asked to report any arrests, and

9 an arrest not followed by a conviction shall not be the

10 basis of denial and may be used only to assess an

11 applicant's rehabilitation;

12 (5) convictions overturned by a higher court; or

13 (6) convictions or arrests that have been sealed or

14 expunged.

15 (c) An applicant or licensee shall report to the

16 Department, in a manner prescribed by the Department, upon

17 application and within 30 days after the occurrence, if during

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

19 or nolo contendere to forgery, embezzlement, obtaining money

20 under false pretenses, larceny, extortion, conspiracy to

21 defraud, or any similar offense or offenses or any conviction

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

23 administrative sanction by a government agency in this State

24 or any other jurisdiction that has as an essential element

25 dishonesty or fraud or involves larceny, embezzlement, or

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

SB3792

- 78 -

LRB102 25808 CMG 35148 b

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

2 the requirements of the Sex Offender Registration Act.

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

4 application to complete the application process. If the

5 process has not been completed within 3 years, the application

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

7 reapply and meet the requirements in effect at the time of

8 reapplication.

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

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

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

12 (225 ILCS 454/5-10)

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

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

15 leasing agent; continuing education.

16 (a) Every applicant for licensure as a residential leasing

17 agent must meet the following qualifications:

18 (1) be at least 18 years of age;

19 (2) be of good moral character;

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

21 a high school or secondary school or an equivalent course

22 of study approved by the state in which the school is

23 located, or possess a State of Illinois High School

24 Diploma ~~high school equivalency certificate~~, which shall

SB3792

- 79 -

LRB102 25808 CMG 35148 b

1 be verified under oath by the applicant;

2 (4) personally take and pass a written examination

3 authorized by the Department sufficient to demonstrate the

4 applicant's knowledge of the provisions of this Act

5 relating to residential leasing agents and the applicant's

6 competence to engage in the activities of a licensed

7 residential leasing agent;

8 (5) provide satisfactory evidence of having completed

9 15 hours of instruction in an approved course of study

10 relating to the leasing of residential real property. The

11 Board may recommend to the Department the number of hours

12 each topic of study shall require. The course of study

13 shall, among other topics, cover the provisions of this

14 Act applicable to residential leasing agents; fair housing

15 and human rights issues relating to residential leasing;

16 advertising and marketing issues; leases, applications,

17 and credit and criminal background reports; owner-tenant

18 relationships and owner-tenant laws; the handling of

19 funds; and environmental issues relating to residential

20 real property;

21 (6) complete any other requirements as set forth by

22 rule; and

23 (7) present a valid application for issuance of an

24 initial license accompanied by fees specified by rule.

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

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

SB3792

- 80 -

LRB102 25808 CMG 35148 b

1 sponsorship has been registered with the Department.

2 (c) Successfully completed course work, completed pursuant

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

4 course work requirements to obtain a managing broker's or

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

6 to the Department and the Department may adopt requirements

7 for approved courses, course content, and the approval of

8 courses, instructors, and education providers, as well as

9 education provider and instructor fees. The Department may

10 establish continuing education requirements for residential

11 licensed leasing agents, by rule, consistent with the language

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

13 (d) The continuing education requirement for residential

14 leasing agents shall consist of a single core curriculum to be

15 prescribed by the Department as recommended by the Board.

16 Leasing agents shall be required to complete no less than 8

17 hours of continuing education in the core curriculum for each

18 2-year renewal period. The curriculum shall, at a minimum,

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

20 housing and human rights issues related to residential

21 leasing, advertising and marketing issues, leases,

22 applications, credit reports, and criminal history, the

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

24 laws, and environmental issues relating to residential real

25 estate.

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

SB3792

- 81 -

LRB102 25808 CMG 35148 b

1 (225 ILCS 454/5-27)

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

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

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

5 the following qualifications:

6 (1) Be at least 18 years of age;

7 (2) Be of good moral character;

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

9 a high school or secondary school approved by the state in

10 which the school is located, or possess a State of

11 Illinois High School Diploma ~~high school equivalency~~

12 ~~certificate~~, which shall be verified under oath by the

13 applicant;

14 (4) (Blank);

15 (5) Provide satisfactory evidence of having completed

16 75 hours of instruction in real estate courses approved by

17 the Department, 15 hours of which must consist of

18 situational and case studies presented in the classroom or

19 by live, interactive webinar or online distance education

20 courses;

21 (6) Personally take and pass a written examination

22 authorized by the Department;

23 (7) Present a valid application for issuance of a

24 license accompanied by the fees specified by rule.

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

SB3792

- 82 -

LRB102 25808 CMG 35148 b

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

2 are currently admitted to practice law by the Supreme Court of

3 Illinois and are currently in active standing.

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

5 covered by this Act until a valid sponsorship has been

6 registered with the Department.

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

8 at the licensee's place of business.

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

10 broker may, upon written request to the Department,

11 permanently and irrevocably place his or her managing broker

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

13 license in exchange. Any individual obtaining a broker's

14 license under this subsection (e) shall be considered as

15 having obtained a broker's license by education and passing

16 the required test and shall be treated as such in determining

17 compliance with this Act.

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

19 (225 ILCS 454/5-28)

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

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

22 broker.

23 (a) Every applicant for licensure as a managing broker

24 must meet the following qualifications:

25 (1) be at least 20 years of age;

SB3792

- 83 -

LRB102 25808 CMG 35148 b

1 (2) be of good moral character;

2 (3) have been licensed at least 2 consecutive years

3 out of the preceding 3 years as a broker;

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

5 high school or secondary school approved by the state in

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

7 School Diploma ~~high school equivalency certificate~~, which

8 shall be verified under oath by the applicant;

9 (5) provide satisfactory evidence of having completed

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

11 required pre-licensure and post-licensure to obtain a

12 broker's license, and 45 additional hours completed within

13 the year immediately preceding the filing of an

14 application for a managing broker's license, which hours

15 shall focus on brokerage administration and management and

16 residential leasing agent management and include at least

17 15 hours in the classroom or by live, interactive webinar

18 or online distance education courses;

19 (6) personally take and pass a written examination

20 authorized by the Department; and

21 (7) submit a valid application for issuance of a

22 license accompanied by the fees specified by rule.

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

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

25 currently admitted to practice law by the Supreme Court of

26 Illinois and are currently in active standing.

SB3792

- 84 -

LRB102 25808 CMG 35148 b

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

2 Section 75. The Illinois Public Aid Code is amended by

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

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

5 Sec. 4-1.9. Participation in Educational and Vocational

6 Training Programs.

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

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

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

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

11 suitable, must participate in the educational and vocational

12 training programs provided pursuant to Article IXA.

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

14 not received a high school diploma orState of Illinois High

15 School Diploma ~~high school equivalency certificate~~ is required

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

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

18 State of Illinois High School Diploma ~~high school equivalency~~

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

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

21 individualized assessment that secondary school is

22 inappropriate.

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

SB3792

- 85 -

LRB102 25808 CMG 35148 b

1 (305 ILCS 5/9A-8) (from Ch. 23, par. 9A-8)

2 Sec. 9A-8. Operation of program.

3 (a) At the time of application or redetermination of

4 eligibility under Article IV, as determined by rule, the

5 Illinois Department shall provide information in writing and

6 orally regarding the education, training and employment

7 program to all applicants and recipients. The information

8 required shall be established by rule and shall include, but

9 need not be limited to:

10 (1) education (including literacy training),

11 employment and training opportunities available, the

12 criteria for approval of those opportunities, and the

13 right to request changes in the personal responsibility

14 and services plan to include those opportunities;

15 (1.1) a complete list of all activities that are

16 approvable activities, and the circumstances under which

17 they are approvable, including work activities, substance

18 use disorder or mental health treatment, activities to

19 escape and prevent domestic violence, caring for a

20 medically impaired family member, and any other approvable

21 activities, together with the right to and procedures for

22 amending the responsibility and services plan to include

23 these activities;

24 (1.2) the rules concerning the lifetime limit on

25 eligibility, including the current status of the applicant

26 or recipient in terms of the months of remaining

SB3792

- 86 -

LRB102 25808 CMG 35148 b

1 eligibility, the criteria under which a month will not

2 count towards the lifetime limit, and the criteria under

3 which a recipient may receive benefits beyond the end of

4 the lifetime limit;

5 (2) supportive services including child care and the

6 rules regarding eligibility for and access to the child

7 care assistance program, transportation, initial expenses

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

9 other supportive services;

10 (3) the obligation of the Department to provide

11 supportive services;

12 (4) the rights and responsibilities of participants,

13 including exemption, sanction, reconciliation, and good

14 cause criteria and procedures, termination for

15 non-cooperation and reinstatement rules and procedures,

16 and appeal and grievance procedures; and

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

18 (b) The Illinois Department shall notify the recipient in

19 writing of the opportunity to volunteer to participate in the

20 program.

21 (c) (Blank).

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

23 and self-sufficiency, the Department shall conduct an

24 individualized assessment of the participant's employability.

25 No participant may be assigned to any component of the

26 education, training and employment activity prior to such

SB3792

- 87 -

LRB102 25808 CMG 35148 b

1 assessment. The plan shall include collection of information

2 on the individual's background, proficiencies, skills

3 deficiencies, education level, work history, employment goals,

4 interests, aptitudes, and employment preferences, as well as

5 factors affecting employability or ability to meet

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

7 limitations, child care, family circumstances, domestic

8 violence, sexual violence, substance use disorders, and

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

10 plan, individuals and Department staff shall work together to

11 identify any supportive service needs required to enable the

12 client to participate and meet the objectives of his or her

13 employability plan. The assessment may be conducted through

14 various methods such as interviews, testing, counseling, and

15 self-assessment instruments. In the assessment process, the

16 Department shall offer to include standard literacy testing

17 and a determination of English language proficiency and shall

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

19 assessment, the individual will be assigned to the appropriate

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

21 individual's level of preparation for employment as defined by

22 rule.

23 (e) Recipients determined to be exempt may volunteer to

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

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

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

SB3792

- 88 -

LRB102 25808 CMG 35148 b

1 for recipients shall be developed in consultation with the

2 participant. The Department shall have final responsibility

3 for approving the employability plan. The employability plan

4 shall:

5 (1) contain an employment goal of the participant;

6 (2) describe the services to be provided by the

7 Department, including child care and other support

8 services;

9 (3) describe the activities, such as component

10 assignment, that will be undertaken by the participant to

11 achieve the employment goal. The Department shall treat

12 participation in high school and high school equivalency

13 programs as a core activity and count participation in

14 high school and high school equivalency programs toward

15 the first 20 hours per week of participation. The

16 Department shall approve participation in high school or

17 high school equivalency programs upon written or oral

18 request of the participant if he or she has not already

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

20 School Diploma ~~high school equivalency certificate~~.

21 However, participation in high school or high school

22 equivalency programs may be delayed as part of an

23 applicant's or recipient's personal plan for achieving

24 employment and self-sufficiency if it is determined that

25 the benefit from participating in another activity, such

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

SB3792

- 89 -

LRB102 25808 CMG 35148 b

1 disorder or an English proficiency program, would be

2 greater to the applicant or recipient than participation

3 in high school or a high school equivalency program. The

4 availability of high school and high school equivalency

5 programs may also delay enrollment in those programs. The

6 Department shall treat such activities as a core activity

7 as long as satisfactory progress is made, as determined by

8 the high school or high school equivalency program. Proof

9 of satisfactory progress shall be provided by the

10 participant or the school at the end of each academic

11 term; and

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

13 be met by the Department.

14 (g) The employability plan shall take into account:

15 (1) available program resources;

16 (2) the participant's support service needs;

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

18 (4) local employment opportunities; and

19 (5) the preferences of the participant.

20 (h) A reassessment shall be conducted to assess a

21 participant's progress and to review the employability plan on

22 the following occasions:

23 (1) upon completion of an activity and before

24 assignment to an activity;

25 (2) upon the request of the participant;

26 (3) if the individual is not cooperating with the

SB3792

- 90 -

LRB102 25808 CMG 35148 b

1 requirements of the program; and

2 (4) if the individual has failed to make satisfactory

3 progress in an education or training program.

4 Based on the reassessment, the Department may revise the

5 employability plan of the participant.

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

7 Section 80. The Firearm Concealed Carry Act is amended by

8 changing Section 80 as follows:

9 (430 ILCS 66/80)

10 Sec. 80. Certified firearms instructors.

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

12 Illinois State Police shall begin approval of certified

13 firearms instructors and enter certified firearms instructors

14 into an online registry on the Illinois State Police's

15 website.

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

17 shall not teach applicant training courses or advertise or

18 otherwise represent courses they teach as qualifying their

19 students to meet the requirements to receive a license under

20 this Act. Each violation of this subsection is a business

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

22 (c) A person seeking to become a certified firearms

23 instructor shall:

24 (1) be at least 21 years of age;

SB3792

- 91 -

LRB102 25808 CMG 35148 b

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

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

3 except for the Illinois residency requirement in item

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

5 the Firearm Owners Identification Card Act; and any

6 additional uniformly applied requirements established by

7 the Illinois State Police.

8 (d) A person seeking to become a certified firearms

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

10 of this Section, shall:

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

12 High School Diploma ~~high school equivalency certificate~~;

13 and

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

15 instructor certifications:

16 (A) certification from a law enforcement agency;

17 (B) certification from a firearm instructor course

18 offered by a State or federal governmental agency;

19 (C) certification from a firearm instructor

20 qualification course offered by the Illinois Law

21 Enforcement Training Standards Board; or

22 (D) certification from an entity approved by the

23 Illinois State Police that offers firearm instructor

24 education and training in the use and safety of

25 firearms.

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

SB3792

- 92 -

LRB102 25808 CMG 35148 b

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

2 requirements to obtain a license under this Act, provides

3 false or misleading information to the Illinois State Police,

4 or has had a prior instructor certification revoked or denied

5 by the Illinois State Police.

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

7 Section 85. The Illinois Vehicle Code is amended by

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

9 (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)

10 Sec. 6-107. Graduated license.

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

12 develop safe and mature driving habits in young, inexperienced

13 drivers and reduce or prevent motor vehicle accidents,

14 fatalities, and injuries by:

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

16 period before granting permission to obtain a driver's

17 license;

18 (2) strengthening driver licensing and testing

19 standards for persons under the age of 21 years;

20 (3) sanctioning driving privileges of drivers under

21 age 21 who have committed serious traffic violations or

22 other specified offenses; and

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

24 health and safety.

SB3792

- 93 -

LRB102 25808 CMG 35148 b

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

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

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

4 State, shall be accompanied by the written consent of either

5 parent of the applicant; otherwise by the guardian having

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

7 guardian, then by another responsible adult. The written

8 consent must accompany any application for a driver's license

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

10 required written consent also accompanied the person's

11 previous application for an instruction permit.

12 No graduated driver's license shall be issued to any

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

14 least 16 years of age and has:

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

16 months.

17 (2) Passed an approved driver education course and

18 submits proof of having passed the course as may be

19 required.

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

21 responsible adult that the applicant has had a minimum of

22 50 hours of behind-the-wheel practice time, at least 10

23 hours of which have been at night, and is sufficiently

24 prepared and able to safely operate a motor vehicle.

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

26 applicant who is under 18 years of age and not legally

SB3792

- 94 -

LRB102 25808 CMG 35148 b

1 emancipated, unless the applicant has graduated from a

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

3 in a course leading to aState of Illinois High School Diploma

4 ~~high school equivalency certificate~~, has obtained aState of

5 Illinois High School Diploma ~~high school equivalency~~

6 ~~certificate~~, is enrolled in an elementary or secondary school

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

8 is not a chronic or habitual truant as provided in Section

9 26-2a of the School Code, or is receiving home instruction and

10 submits proof of meeting any of those requirements at the time

11 of application.

12 An applicant under 18 years of age who provides proof

13 acceptable to the Secretary that the applicant has resumed

14 regular school attendance or home instruction or that his or

15 her application was denied in error shall be eligible to

16 receive a graduated license if other requirements are met. The

17 Secretary shall adopt rules for implementing this subsection

18 (b-1).

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

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

21 the offense of operating a motor vehicle without a valid

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

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

24 license or permit shall be issued to any applicant under 18

25 years of age who has committed an offense that would otherwise

26 result in a mandatory revocation of a license or permit as

SB3792

- 95 -

LRB102 25808 CMG 35148 b

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

2 convicted of or adjudicated a delinquent based upon a

3 violation of the Cannabis Control Act, the Illinois Controlled

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

5 Methamphetamine Control and Community Protection Act while

6 that individual was in actual physical control of a motor

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

8 probation under Section 10 of the Cannabis Control Act,

9 Section 410 of the Illinois Controlled Substances Act, or

10 Section 70 of the Methamphetamine Control and Community

11 Protection Act shall not be considered convicted. Any person

12 found guilty of this offense, while in actual physical control

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

14 record by the judge that this offense did occur while the

15 person was in actual physical control of a motor vehicle and

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

17 Secretary of State as such.

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

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

20 committed and subsequently been convicted of an offense

21 against traffic regulations governing the movement of

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

23 this Code, or who has received a disposition of court

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

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

26 ordinance.

SB3792

- 96 -

LRB102 25808 CMG 35148 b

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

2 18 years shall operate any motor vehicle, except a motor

3 driven cycle or motorcycle, with more than one passenger in

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

5 the back seats than the number of available seat safety belts

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

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

8 offense against traffic regulations governing the movement of

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

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

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

12 of the violation, the provisions of this paragraph shall

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

14 months has elapsed without an additional violation and

15 subsequent conviction of an offense against traffic

16 regulations governing the movement of vehicles or any

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

18 (f) (Blank).

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

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

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

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

23 holder may not operate a motor vehicle with more than one

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

25 additional passenger or passengers are siblings,

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

SB3792

- 97 -

LRB102 25808 CMG 35148 b

1 graduated driver's license holder committed an offense against

2 traffic regulations governing the movement of vehicles or any

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

4 during the first 12 months the license is held and

5 subsequently is convicted of the violation, the provisions of

6 this paragraph shall remain in effect until such time as a

7 period of 6 consecutive months has elapsed without an

8 additional violation and subsequent conviction of an offense

9 against traffic regulations governing the movement of vehicles

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

11 Code.

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

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

14 driver holding a graduated driver's license during the first

15 12 months the driver holds the license or until the driver

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

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

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

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

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

21 issued a traffic citation for which a disposition has not been

22 rendered at the time of application.

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

24 98-168, eff. 1-1-14; 98-718, eff. 1-1-15.)

25 (625 ILCS 5/6-408.5)

SB3792

- 98 -

LRB102 25808 CMG 35148 b

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

2 dropouts; limitation.

3 (a) No driver training school or driving training

4 instructor licensed under this Act may request a certificate

5 of completion from the Secretary of State as provided in

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

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

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

9 the semester last ended if that instruction is to be provided

10 between semesters or during the summer after the regular

11 school term ends, unless that student has received a passing

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

13 prior to requesting a certificate of completion from the

14 Secretary of State for the student.

15 (b) No driver training school or driving training

16 instructor licensed under this Act may request a certificate

17 of completion from the Secretary of State as provided in

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

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

20 training school or driving training instructor has: 1)

21 obtained written documentation verifying the dropout's

22 enrollment in a high school equivalency testing or alternative

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

24 State of Illinois High School Diploma ~~high school equivalency~~

25 ~~certificate~~; 2) obtained verification that the student prior

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

SB3792

- 99 -

LRB102 25808 CMG 35148 b

1 courses during the 2 previous semesters last ending prior to

2 requesting a certificate of completion; or 3) obtained written

3 consent from the dropout's parents or guardians and the

4 regional superintendent.

5 (c) Students shall be informed of the eligibility

6 requirements of this Act in writing at the time of

7 registration.

8 (d) The superintendent of schools of the school district

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

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

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

12 public high school) or the chief school administrator (with

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

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

15 requirements of this Section if the superintendent or chief

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

17 best interests of the student or dropout. Before requesting a

18 certificate of completion from the Secretary of State for any

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

20 secondary school or who was so enrolled in the semester last

21 ending prior to the request for a certificate of completion

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

23 driver training school shall determine from the school

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

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

26 non-public high school attended or last attended by such

SB3792

- 100 -

LRB102 25808 CMG 35148 b

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

2 to receive a certificate of completion under this Section.

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

4 Section 90. The Unified Code of Corrections is amended by

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

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

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

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

9 and regulations for awarding and revoking sentence credit for

10 persons committed to the Department which shall be subject to

11 review by the Prisoner Review Board.

12 (1.5) As otherwise provided by law, sentence credit may be

13 awarded for the following:

14 (A) successful completion of programming while in

15 custody of the Department or while in custody prior to

16 sentencing;

17 (B) compliance with the rules and regulations of the

18 Department; or

19 (C) service to the institution, service to a

20 community, or service to the State.

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

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

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

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

SB3792

- 101 -

LRB102 25808 CMG 35148 b

1 19, 1998 or with respect to the offense listed in clause (iv)

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

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

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

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

6 offense of being an armed habitual criminal committed on or

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

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

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

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

11 offense of aggravated domestic battery committed on or after

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

13 with respect to the offense of attempt to commit terrorism

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

15 Public Act 97-990), the following:

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

17 imprisonment for first degree murder or for the offense of

18 terrorism shall receive no sentence credit and shall serve

19 the entire sentence imposed by the court;

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

21 commit terrorism, attempt to commit first degree murder,

22 solicitation of murder, solicitation of murder for hire,

23 intentional homicide of an unborn child, predatory

24 criminal sexual assault of a child, aggravated criminal

25 sexual assault, criminal sexual assault, aggravated

26 kidnapping, aggravated battery with a firearm as described

SB3792

- 102 -

LRB102 25808 CMG 35148 b

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

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

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

4 12-3.05, being an armed habitual criminal, aggravated

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

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

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

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

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

10 or her sentence of imprisonment;

11 (iii) that a prisoner serving a sentence for home

12 invasion, armed robbery, aggravated vehicular hijacking,

13 aggravated discharge of a firearm, or armed violence with

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

15 has made and entered a finding, pursuant to subsection

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

17 leading to conviction for the enumerated offense resulted

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

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

20 her sentence of imprisonment;

21 (iv) that a prisoner serving a sentence for aggravated

22 discharge of a firearm, whether or not the conduct leading

23 to conviction for the offense resulted in great bodily

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

25 sentence credit for each month of his or her sentence of

26 imprisonment;

SB3792

- 103 -

LRB102 25808 CMG 35148 b

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

2 narcotics racketeering, controlled substance trafficking,

3 methamphetamine trafficking, drug-induced homicide,

4 aggravated methamphetamine-related child endangerment,

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

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

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

8 of a controlled substance, possession of a controlled

9 substance with intent to manufacture or deliver,

10 calculated criminal drug conspiracy, criminal drug

11 conspiracy, street gang criminal drug conspiracy,

12 participation in methamphetamine manufacturing,

13 aggravated participation in methamphetamine

14 manufacturing, delivery of methamphetamine, possession

15 with intent to deliver methamphetamine, aggravated

16 delivery of methamphetamine, aggravated possession with

17 intent to deliver methamphetamine, methamphetamine

18 conspiracy when the substance containing the controlled

19 substance or methamphetamine is 100 grams or more shall

20 receive no more than 7.5 days sentence credit for each

21 month of his or her sentence of imprisonment;

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

23 or subsequent offense of luring a minor shall receive no

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

25 or her sentence of imprisonment; and

26 (vii) that a prisoner serving a sentence for

SB3792

- 104 -

LRB102 25808 CMG 35148 b

1 aggravated domestic battery shall receive no more than 4.5

2 days of sentence credit for each month of his or her

3 sentence of imprisonment.

4 (2.1) For all offenses, other than those enumerated in

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

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

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

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

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

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

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

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

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

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

15 or intoxicating compound or compounds, or any combination

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

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

18 and other than the offense of aggravated driving under the

19 influence of alcohol, other drug or drugs, or intoxicating

20 compound or compounds, or any combination thereof as defined

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

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

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

24 96-1230), the rules and regulations shall provide that a

25 prisoner who is serving a term of imprisonment shall receive

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

SB3792

- 105 -

LRB102 25808 CMG 35148 b

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

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

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

4 (2.2) A prisoner serving a term of natural life

5 imprisonment or a prisoner who has been sentenced to death

6 shall receive no sentence credit.

7 (2.3) Except as provided in paragraph (4.7) of this

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

9 shall provide that a prisoner who is serving a sentence for

10 aggravated driving under the influence of alcohol, other drug

11 or drugs, or intoxicating compound or compounds, or any

12 combination thereof as defined in subparagraph (F) of

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

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

15 sentence credit for each month of his or her sentence of

16 imprisonment.

17 (2.4) Except as provided in paragraph (4.7) of this

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

19 shall provide with respect to the offenses of aggravated

20 battery with a machine gun or a firearm equipped with any

21 device or attachment designed or used for silencing the report

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

23 firearm equipped with any device or attachment designed or

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

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

26 that a prisoner serving a sentence for any of these offenses

SB3792

- 106 -

LRB102 25808 CMG 35148 b

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

2 month of his or her sentence of imprisonment.

3 (2.5) Except as provided in paragraph (4.7) of this

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

5 shall provide that a prisoner who is serving a sentence for

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

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

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

9 sentence of imprisonment.

10 (2.6) Except as provided in paragraph (4.7) of this

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

12 shall provide that a prisoner who is serving a sentence for

13 aggravated driving under the influence of alcohol, other drug

14 or drugs, or intoxicating compound or compounds or any

15 combination thereof as defined in subparagraph (C) of

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

17 Illinois Vehicle Code committed on or after January 1, 2011

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

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

20 her sentence of imprisonment.

21 (3) In addition to the sentence credits earned under

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

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

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

25 credit for prisoners serving a sentence of incarceration of

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

SB3792

- 107 -

LRB102 25808 CMG 35148 b

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

2 Director may grant this credit for good conduct in specific

3 instances as the Director deems proper. The good conduct may

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

5 regulations of the Department, service to the Department,

6 service to a community, or service to the State.

7 Eligible inmates for an award of earned sentence credit

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

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

10 Eligibility for the additional earned sentence credit under

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

12 participation in programming offered by the Department as

13 appropriate for the prisoner based on the results of any

14 available risk/needs assessment or other relevant assessments

15 or evaluations administered by the Department using a

16 validated instrument, the circumstances of the crime,

17 demonstrated commitment to rehabilitation by a prisoner with a

18 history of conviction for a forcible felony enumerated in

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

20 behavior and improvements in disciplinary history while

21 incarcerated, and the inmate's commitment to rehabilitation,

22 including participation in programming offered by the

23 Department.

24 The Director shall not award sentence credit under this

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

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

SB3792

- 108 -

LRB102 25808 CMG 35148 b

1 paragraph shall be construed to permit the Director to extend

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

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

4 Director shall make a written determination that the inmate:

5 (A) is eligible for the earned sentence credit;

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

7 days as the sentence will allow;

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

9 relevant evaluation or assessment administered by the

10 Department using a validated instrument; and

11 (C) has met the eligibility criteria established by

12 rule for earned sentence credit.

13 The Director shall determine the form and content of the

14 written determination required in this subsection.

15 (3.5) The Department shall provide annual written reports

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

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

18 Department must publish both reports on its website within 48

19 hours of transmitting the reports to the Governor and the

20 General Assembly. The reports must include:

21 (A) the number of inmates awarded earned sentence

22 credit;

23 (B) the average amount of earned sentence credit

24 awarded;

25 (C) the holding offenses of inmates awarded earned

26 sentence credit; and

SB3792

- 109 -

LRB102 25808 CMG 35148 b

1 (D) the number of earned sentence credit revocations.

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

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

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

5 programs, correctional industry assignments, educational

6 programs, work-release programs or activities in accordance

7 with Article 13 of Chapter III of this Code, behavior

8 modification programs, life skills courses, or re-entry

9 planning provided by the Department under this paragraph (4)

10 and satisfactorily completes the assigned program as

11 determined by the standards of the Department, shall receive

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

13 is engaged in the activities described in this paragraph. The

14 rules and regulations shall also provide that sentence credit

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

16 detention prior to his or her current commitment to the

17 Department of Corrections and successfully completed a

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

19 educational program, behavior modification program, life

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

21 department of corrections or county jail. Calculation of this

22 county program credit shall be done at sentencing as provided

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

24 sentencing order. The rules and regulations shall also provide

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

26 compliance with programming requirements in an adult

SB3792

- 110 -

LRB102 25808 CMG 35148 b

1 transition center.

2 (B) The Department shall award sentence credit under this

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

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

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

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

7 the Department determines that the inmate is entitled to this

8 sentence credit, based upon:

9 (i) documentation provided by the Department that the

10 inmate engaged in any full-time substance abuse programs,

11 correctional industry assignments, educational programs,

12 behavior modification programs, life skills courses, or

13 re-entry planning provided by the Department under this

14 paragraph (4) and satisfactorily completed the assigned

15 program as determined by the standards of the Department

16 during the inmate's current term of incarceration; or

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

18 affidavit or documentation, or a third party's

19 documentation or testimony in the form of an affidavit

20 that the inmate likely engaged in any full-time substance

21 abuse programs, correctional industry assignments,

22 educational programs, behavior modification programs, life

23 skills courses, or re-entry planning provided by the

24 Department under paragraph (4) and satisfactorily

25 completed the assigned program as determined by the

26 standards of the Department during the inmate's current

SB3792

- 111 -

LRB102 25808 CMG 35148 b

1 term of incarceration.

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

3 is entitled to sentence credit under subparagraph (B) in

4 excess of 45 days of participation in those programs, the

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

6 cannot provide documentation of more than 45 days of

7 participation in those programs, the inmate shall receive 45

8 days of sentence credit. In the event of a disagreement

9 between the Department and the inmate as to the amount of

10 credit accumulated under subparagraph (B), if the Department

11 provides documented proof of a lesser amount of days of

12 participation in those programs, that proof shall control. If

13 the Department provides no documentary proof, the inmate's

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

15 control as to the amount of sentence credit provided.

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

17 defined in Section 2 of the Sex Offender Registration Act,

18 sentencing credits under subparagraph (B) of this paragraph

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

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

21 No inmate serving a term of natural life imprisonment shall

22 receive sentence credit under subparagraph (B) of this

23 paragraph (4).

24 Educational, vocational, substance abuse, behavior

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

26 and correctional industry programs under which sentence credit

SB3792

- 112 -

LRB102 25808 CMG 35148 b

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

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

3 the basis of documented standards. The Department shall report

4 the results of these evaluations to the Governor and the

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

6 shall include data relating to the recidivism rate among

7 program participants.

8 Availability of these programs shall be subject to the

9 limits of fiscal resources appropriated by the General

10 Assembly for these purposes. Eligible inmates who are denied

11 immediate admission shall be placed on a waiting list under

12 criteria established by the Department. The rules and

13 regulations shall provide that a prisoner who has been placed

14 on a waiting list but is transferred for non-disciplinary

15 reasons before beginning a program shall receive priority

16 placement on the waitlist for appropriate programs at the new

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

18 such programs by reason of insufficient program resources or

19 for any other reason established under the rules and

20 regulations of the Department shall not be deemed a cause of

21 action under which the Department or any employee or agent of

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

23 rules and regulations shall provide that a prisoner who begins

24 an educational, vocational, substance abuse, work-release

25 programs or activities in accordance with Article 13 of

26 Chapter III of this Code, behavior modification program, life

SB3792

- 113 -

LRB102 25808 CMG 35148 b

1 skills course, re-entry planning, or correctional industry

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

3 disability, transfer, lockdown, or another reason outside of

4 the prisoner's control shall receive prorated sentence credits

5 for the days in which the prisoner did participate.

6 (4.1) Except as provided in paragraph (4.7) of this

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

8 that an additional 90 days of sentence credit shall be awarded

9 to any prisoner who passes high school equivalency testing

10 while the prisoner is committed to the Department of

11 Corrections. The sentence credit awarded under this paragraph

12 (4.1) shall be in addition to, and shall not affect, the award

13 of sentence credit under any other paragraph of this Section,

14 but shall also be pursuant to the guidelines and restrictions

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

16 The sentence credit provided for in this paragraph shall be

17 available only to those prisoners who have not previously

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

19 Diploma ~~high school equivalency certificate~~. If, after an

20 award of the high school equivalency testing sentence credit

21 has been made, the Department determines that the prisoner was

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

23 may also award 90 days of sentence credit to any committed

24 person who passed high school equivalency testing while he or

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

26 commitment to the Department of Corrections. Except as

SB3792

- 114 -

LRB102 25808 CMG 35148 b

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

2 and regulations shall provide that an additional 120 days of

3 sentence credit shall be awarded to any prisoner who obtains

4 an associate degree while the prisoner is committed to the

5 Department of Corrections, regardless of the date that the

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

7 2021 (the effective date of Public Act 101-652). The sentence

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

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

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

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

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

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

14 prisoners who have not previously earned an associate degree

15 prior to the current commitment to the Department of

16 Corrections. If, after an award of the associate degree

17 sentence credit has been made and the Department determines

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

19 revoked. The Department may also award 120 days of sentence

20 credit to any committed person who earned an associate degree

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

22 current commitment to the Department of Corrections.

23 Except as provided in paragraph (4.7) of this subsection

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

25 additional 180 days of sentence credit shall be awarded to any

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

SB3792

- 115 -

LRB102 25808 CMG 35148 b

1 committed to the Department of Corrections. The sentence

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

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

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

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

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

7 paragraph shall be available only to those prisoners who have

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

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

10 bachelor's degree sentence credit has been made, the

11 Department determines that the prisoner was not eligible, then

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

13 days of sentence credit to any committed person who earned a

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

15 detention prior to the current commitment to the Department of

16 Corrections.

17 Except as provided in paragraph (4.7) of this subsection

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

19 additional 180 days of sentence credit shall be awarded to any

20 prisoner who obtains a master's or professional degree while

21 the prisoner is committed to the Department of Corrections.

22 The sentence credit awarded under this paragraph (4.1) shall

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

24 credit under any other paragraph of this Section, but shall

25 also be under the guidelines and restrictions set forth in

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

SB3792

- 116 -

LRB102 25808 CMG 35148 b

1 provided for in this paragraph shall be available only to

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

3 professional degree prior to the current commitment to the

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

5 or professional degree sentence credit has been made, the

6 Department determines that the prisoner was not eligible, then

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

8 days of sentence credit to any committed person who earned a

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

10 pre-trial detention prior to the current commitment to the

11 Department of Corrections.

12 (4.2) The rules and regulations shall also provide that

13 any prisoner engaged in self-improvement programs, volunteer

14 work, or work assignments that are not otherwise eligible

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

16 of sentence credit for each day in which the prisoner is

17 engaged in activities described in this paragraph.

18 (4.5) The rules and regulations on sentence credit shall

19 also provide that when the court's sentencing order recommends

20 a prisoner for substance abuse treatment and the crime was

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

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

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

24 he or she participates in and completes a substance abuse

25 treatment program. The Director may waive the requirement to

26 participate in or complete a substance abuse treatment program

SB3792

- 117 -

LRB102 25808 CMG 35148 b

1 in specific instances if the prisoner is not a good candidate

2 for a substance abuse treatment program for medical,

3 programming, or operational reasons. Availability of substance

4 abuse treatment shall be subject to the limits of fiscal

5 resources appropriated by the General Assembly for these

6 purposes. If treatment is not available and the requirement to

7 participate and complete the treatment has not been waived by

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

9 under criteria established by the Department. The Director may

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

11 complete a substance abuse education class or attend substance

12 abuse self-help meetings in lieu of a substance abuse

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

14 placed in a substance abuse program prior to release may be

15 eligible for a waiver and receive sentence credit under clause

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

17 (4.6) The rules and regulations on sentence credit shall

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

19 offense as defined in Section 2 of the Sex Offender

20 Registration Act shall receive no sentence credit unless he or

21 she either has successfully completed or is participating in

22 sex offender treatment as defined by the Sex Offender

23 Management Board. However, prisoners who are waiting to

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

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

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

SB3792

- 118 -

LRB102 25808 CMG 35148 b

1 a rate as the Director shall determine.

2 (4.7) On or after January 1, 2018 (the effective date of

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

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

5 who is serving a sentence for an offense described in

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

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

8 100-3); provided, the award of the credits under this

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

10 to less than the following amounts:

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

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

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

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

15 prisoner is serving a sentence for gunrunning his or her

16 sentence shall not be reduced to less than 75%.

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

18 required to serve 100% of his or her sentence.

19 (5) Whenever the Department is to release any inmate

20 earlier than it otherwise would because of a grant of earned

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

22 Section given at any time during the term, the Department

23 shall give reasonable notice of the impending release not less

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

25 Attorney of the county where the prosecution of the inmate

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

SB3792

- 119 -

LRB102 25808 CMG 35148 b

1 county into which the inmate will be released. The Department

2 must also make identification information and a recent photo

3 of the inmate being released accessible on the Internet by

4 means of a hyperlink labeled "Community Notification of Inmate

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

6 The identification information shall include the inmate's:

7 name, any known alias, date of birth, physical

8 characteristics, commitment offense, and county where

9 conviction was imposed. The identification information shall

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

11 and the information may not be removed until either:

12 completion of the first year of mandatory supervised release

13 or return of the inmate to custody of the Department.

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

15 several convictions, with separate sentences, the sentences

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

17 forfeiting of sentence credit.

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

19 regulations for revoking sentence credit, including revoking

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

21 of this Section. The Department shall prescribe rules and

22 regulations establishing and requiring the use of a sanctions

23 matrix for revoking sentence credit. The Department shall

24 prescribe rules and regulations for suspending or reducing the

25 rate of accumulation of sentence credit for specific rule

26 violations, during imprisonment. These rules and regulations

SB3792

- 120 -

LRB102 25808 CMG 35148 b

1 shall provide that no inmate may be penalized more than one

2 year of sentence credit for any one infraction.

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

4 reduce the rate of accumulation of any sentence credits for an

5 alleged infraction of its rules, it shall bring charges

6 therefor against the prisoner sought to be so deprived of

7 sentence credits before the Prisoner Review Board as provided

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

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

10 infraction or cumulatively from multiple infractions arising

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

12 cumulative amount of credit revoked exceeds 30 days except

13 where the infraction is committed or discovered within 60 days

14 of scheduled release. In those cases, the Department of

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

16 Board may subsequently approve the revocation of additional

17 sentence credit, if the Department seeks to revoke sentence

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

19 empowered to review the Department's decision with respect to

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

21 for any prisoner or to increase any penalty beyond the length

22 requested by the Department.

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

24 appropriate cases, may restore sentence credits which have

25 been revoked, suspended, or reduced. The Department shall

26 prescribe rules and regulations governing the restoration of

SB3792

- 121 -

LRB102 25808 CMG 35148 b

1 sentence credits. These rules and regulations shall provide

2 for the automatic restoration of sentence credits following a

3 period in which the prisoner maintains a record without a

4 disciplinary violation.

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

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

13 their officers or employees, and the court makes a specific

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

15 prisoner is frivolous, the Department of Corrections shall

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

17 by bringing charges against the prisoner sought to be deprived

18 of the sentence credits before the Prisoner Review Board as

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

20 If the prisoner has not accumulated 180 days of sentence

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

22 Board may revoke all sentence credit accumulated by the

23 prisoner.

24 For purposes of this subsection (d):

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

26 other filing which purports to be a legal document filed

SB3792

- 122 -

LRB102 25808 CMG 35148 b

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

2 following criteria:

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

4 fact;

5 (B) it is being presented for any improper

6 purpose, such as to harass or to cause unnecessary

7 delay or needless increase in the cost of litigation;

8 (C) the claims, defenses, and other legal

9 contentions therein are not warranted by existing law

10 or by a nonfrivolous argument for the extension,

11 modification, or reversal of existing law or the

12 establishment of new law;

13 (D) the allegations and other factual contentions

14 do not have evidentiary support or, if specifically so

15 identified, are not likely to have evidentiary support

16 after a reasonable opportunity for further

17 investigation or discovery; or

18 (E) the denials of factual contentions are not

19 warranted on the evidence, or if specifically so

20 identified, are not reasonably based on a lack of

21 information or belief.

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

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

24 action under Article X of the Code of Civil Procedure or

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

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

SB3792

- 123 -

LRB102 25808 CMG 35148 b

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

2 subsequent petition for post-conviction relief under

3 Article 122 of the Code of Criminal Procedure of 1963

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

5 subsequent petition for relief from judgment under Section

6 2-1401 of the Code of Civil Procedure.

7 (e) Nothing in Public Act 90-592 or 90-593 affects the

8 validity of Public Act 89-404.

9 (f) Whenever the Department is to release any inmate who

10 has been convicted of a violation of an order of protection

11 under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or

12 the Criminal Code of 2012, earlier than it otherwise would

13 because of a grant of sentence credit, the Department, as a

14 condition of release, shall require that the person, upon

15 release, be placed under electronic surveillance as provided

16 in Section 5-8A-7 of this Code.

17 (Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21;

18 102-28, eff. 6-25-21; 102-558, eff. 8-20-21.)

19 (730 ILCS 5/3-6-8)

20 Sec. 3-6-8. High school equivalency testing programs. The

21 Department of Corrections shall develop and establish a

22 program in the Adult Division designed to increase the number

23 of committed persons enrolled in programs for high school

24 equivalency testing and pursuing State of Illinois High School

25 Diplomas ~~high school equivalency certificates~~ by at least 100%

SB3792

- 124 -

LRB102 25808 CMG 35148 b

1 over the 4-year period following the effective date of this

2 amendatory Act of the 94th General Assembly. Pursuant to the

3 program, each adult institution and facility shall report

4 annually to the Director of Corrections on the number of

5 committed persons enrolled in high school equivalency testing

6 programs and those who pass high school equivalency testing,

7 and the number of committed persons in the Adult Division who

8 are on waiting lists for participation in the high school

9 equivalency testing programs.

10 (Source: P.A. 98-718, eff. 1-1-15.)

11 (730 ILCS 5/5-8-1.3)

12 Sec. 5-8-1.3. Pilot residential and transition treatment

13 program for women.

14 (a) The General Assembly recognizes:

15 (1) that drug-offending women with children who have

16 been in and out of the criminal justice system for years

17 are a serious problem;

18 (2) that the intergenerational cycle of women

19 continuously being part of the criminal justice system

20 needs to be broken;

21 (3) that the effects of drug offending women with

22 children disrupts family harmony and creates an atmosphere

23 that is not conducive to healthy childhood development;

24 (4) that there is a need for an effective residential

25 community supervision model to provide help to women to

SB3792

- 125 -

LRB102 25808 CMG 35148 b

1 become drug free, recover from trauma, focus on healthy

2 mother-child relationships, and establish economic

3 independence and long-term support;

4 (5) that certain non-violent women offenders with

5 children eligible for sentences of incarceration, may

6 benefit from the rehabilitative aspects of gender

7 responsive treatment programs and services. This Section

8 shall not be construed to allow violent offenders to

9 participate in a treatment program.

10 (b) Under the direction of the sheriff and with the

11 approval of the county board of commissioners, the sheriff, in

12 any county with more than 3,000,000 inhabitants, may operate a

13 residential and transition treatment program for women

14 established by the Illinois Department of Corrections if

15 funding has been provided by federal, local or private

16 entities. If the court finds during the sentencing hearing

17 conducted under Section 5-4-1 that a woman convicted of a

18 felony meets the eligibility requirements of the sheriff's

19 residential and transition treatment program for women, the

20 court may refer the offender to the sheriff's residential and

21 transition treatment program for women for consideration as a

22 participant as an alternative to incarceration in the

23 penitentiary. The sheriff shall be responsible for supervising

24 all women who are placed in the residential and transition

25 treatment program for women for the 12-month period. In the

26 event that the woman is not accepted for placement in the

SB3792

- 126 -

LRB102 25808 CMG 35148 b

1 sheriff's residential and transition treatment program for

2 women, the court shall proceed to sentence the woman to any

3 other disposition authorized by this Code. If the woman does

4 not successfully complete the residential and transition

5 treatment program for women, the woman's failure to do so

6 shall constitute a violation of the sentence to the

7 residential and transition treatment program for women.

8 (c) In order to be eligible to be a participant in the

9 pilot residential and transition treatment program for women,

10 the participant shall meet all of the following conditions:

11 (1) The woman has not been convicted of a violent

12 crime as defined in subsection (c) of Section 3 of the

13 Rights of Crime Victims and Witnesses Act, a Class X

14 felony, first or second degree murder, armed violence,

15 aggravated kidnapping, criminal sexual assault, aggravated

16 criminal sexual abuse or a subsequent conviction for

17 criminal sexual abuse, forcible detention, or arson and

18 has not been previously convicted of any of those

19 offenses.

20 (2) The woman must undergo an initial assessment

21 evaluation to determine the treatment and program plan.

22 (3) The woman was recommended and accepted for

23 placement in the pilot residential and transition

24 treatment program for women by the Department of

25 Corrections and has consented in writing to participation

26 in the program under the terms and conditions of the

SB3792

- 127 -

LRB102 25808 CMG 35148 b

1 program. The Department of Corrections may consider

2 whether space is available.

3 (d) The program may include a substance abuse treatment

4 program designed for women offenders, mental health, trauma,

5 and medical treatment; parenting skills and family

6 relationship counseling, preparation for aState of Illinois

7 High School Diploma ~~high school equivalency~~ or vocational

8 certificate; life skills program; job readiness and job skill

9 training, and a community transition development plan.

10 (e) With the approval of the Department of Corrections,

11 the sheriff shall issue requirements for the program and

12 inform the participants who shall sign an agreement to adhere

13 to all rules and all requirements for the pilot residential

14 and transition treatment program.

15 (f) Participation in the pilot residential and transition

16 treatment program for women shall be for a period not to exceed

17 12 months. The period may not be reduced by accumulation of

18 good time.

19 (g) If the woman successfully completes the pilot

20 residential and transition treatment program for women, the

21 sheriff shall notify the Department of Corrections, the court,

22 and the State's Attorney of the county of the woman's

23 successful completion.

24 (h) A woman may be removed from the pilot residential and

25 transition treatment program for women for violation of the

26 terms and conditions of the program or in the event she is

SB3792

- 128 -

LRB102 25808 CMG 35148 b

1 unable to participate. The failure to complete the program

2 shall be deemed a violation of the conditions of the program.

3 The sheriff shall give notice to the Department of

4 Corrections, the court, and the State's Attorney of the

5 woman's failure to complete the program. The Department of

6 Corrections or its designee shall file a petition alleging

7 that the woman has violated the conditions of the program with

8 the court. The State's Attorney may proceed on the petition

9 under Section 5-4-1 of this Code.

10 (i) The conditions of the pilot residential and transition

11 treatment program for women shall include that the woman while

12 in the program:

13 (1) not violate any criminal statute of any

14 jurisdiction;

15 (2) report or appear in person before any person or

16 agency as directed by the court, the sheriff, or

17 Department of Corrections;

18 (3) refrain from possessing a firearm or other

19 dangerous weapon;

20 (4) consent to drug testing;

21 (5) not leave the State without the consent of the

22 court or, in circumstances in which reason for the absence

23 is of such an emergency nature that prior consent by the

24 court is not possible, without prior notification and

25 approval of the Department of Corrections;

26 (6) upon placement in the program, must agree to

SB3792

- 129 -

LRB102 25808 CMG 35148 b

1 follow all requirements of the program.

2 (j) The Department of Corrections or the sheriff may

3 terminate the program at any time by mutual agreement or with

4 30 days prior written notice by either the Department of

5 Corrections or the sheriff.

6 (k) The Department of Corrections may enter into a joint

7 contract with a county with more than 3,000,000 inhabitants to

8 establish and operate a pilot residential and treatment

9 program for women.

10 (l) The Director of the Department of Corrections shall

11 have the authority to develop rules to establish and operate a

12 pilot residential and treatment program for women that shall

13 include criteria for selection of the participants of the

14 program in conjunction and approval by the sentencing court.

15 Violent crime offenders are not eligible to participate in the

16 program.

17 (m) The Department shall report to the Governor and the

18 General Assembly before September 30th of each year on the

19 pilot residential and treatment program for women, including

20 the composition of the program by offenders, sentence, age,

21 offense, and race. Reporting is only required if the pilot

22 residential and treatment program for women is operational.

23 (n) The Department of Corrections or the sheriff may

24 terminate the program with 30 days prior written notice.

25 (o) A county with more than 3,000,000 inhabitants is

26 authorized to apply for funding from federal, local or private

SB3792

- 130 -

LRB102 25808 CMG 35148 b

1 entities to create a Residential and Treatment Program for

2 Women. This sentencing option may not go into effect until the

3 funding is secured for the program and the program has been

4 established.

5 (Source: P.A. 97-800, eff. 7-13-12; 98-718, eff. 1-1-15.)

SB3792

- 131 -

LRB102 25808 CMG 35148 b

1 INDEX

2 Statutes amended in order of appearance

3 20 ILCS 505/8 from Ch. 23, par. 5008

4 20 ILCS 505/35.10

5 20 ILCS 1315/25

6 20 ILCS 1705/15.4

7 105 ILCS 5/3-15.12 from Ch. 122, par. 3-15.12

8 105 ILCS 5/13-40 from Ch. 122, par. 13-40

9 105 ILCS 5/26-2 from Ch. 122, par. 26-2

10 110 ILCS 118/25

11 110 ILCS 805/2-22

12 110 ILCS 947/50

13 110 ILCS 947/52

14 110 ILCS 947/62

15 215 ILCS 5/500-50

16 225 ILCS 65/80-40

17 225 ILCS 85/9 from Ch. 111, par. 4129

18 225 ILCS 235/5 from Ch. 111 1/2, par. 2205

19 225 ILCS 427/40

20 225 ILCS 441/5-10

21 225 ILCS 454/5-10

22 225 ILCS 454/5-27

23 225 ILCS 454/5-28

24 305 ILCS 5/4-1.9 from Ch. 23, par. 4-1.9

25 305 ILCS 5/9A-8 from Ch. 23, par. 9A-8

SB3792

- 132 -

LRB102 25808 CMG 35148 b