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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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1		employment, post-secondary education and training, and
2		community living;
3		(d) conduct an annual statewide evaluation of student
4		transition outcomes and needs from information collected from
5		local transition planning committees, school districts, and
6		other appropriate sources; indicators used to evaluate
7		outcomes shall include (i) high school graduation or passage of
8		high school equivalency testing the Test of General Educational
9		Development, (ii) participation in post-secondary education,
10		including continuing and adult education, (iii) involvement in
11		integrated employment, supported employment, and work-based
12		learning activities, including vocational training, and (iv)
13		independent living, community participation, adult services,
14		and other post-secondary activities; and
15		(e) provide periodic in-service training to consumers in
16		developing and improving awareness of transition services.
17		(Source: P.A. 92-452, eff. 8-21-01.)
18		Section 35. The School Code is amended by changing Sections
19		2-3.66, 3-15.12, 10-22.20, 13-40, 13B-20.20, 13B-30.15,
20		13B-85, 26-2, and 26-16 as follows:
21		(105 ILCS 5/2-3.66) (from Ch. 122, par. 2-3.66)
22		Sec. 2-3.66. Truants' alternative and optional education
23		programs. To establish projects to offer modified
24		instructional programs or other services designed to prevent

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

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

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1		the supervision of the regional superintendent in whose region
2		such centers are located, subject to the approval of the
3		President of the Illinois Community College Board.
4		An individual is eligible to apply to the regional
5		superintendent of schools for the region in which he or she
6		resides if he or she is: (a) a person who is 17 years of age or
7		older, has maintained residence in the State of Illinois, and
8		is not a high school graduate; (b) a person who is successfully
9		completing an alternative education program under Section
10		2-3.81, Article 13A, or Article 13B; or (c) a person who is
11		enrolled in a youth education program sponsored by the Illinois
12		National Guard. For purposes of this Section, residence is that
13		abode which the applicant considers his or her home. Applicants
14		may provide as sufficient proof of such residence and as an
15		acceptable form of identification a driver's license, valid
16		passport, military ID, or other form of government-issued
17		national or foreign identification that shows the applicant's
18		name, address, date of birth, signature, and photograph or
19		other acceptable identification as may be allowed by law or as
20		regulated by the Illinois Community College Board. Such
21		regional superintendent shall determine if the applicant meets
22		statutory and regulatory state standards. If qualified the
23		applicant shall at the time of such application pay a fee
24		established by the Illinois Community College Board, which fee
25		shall be paid into a special fund under the control and
26		supervision of the regional superintendent. Such moneys

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

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1		education program sponsored by the Illinois National Guard, or
2		any person who has successfully completed an alternative
3		education program under Section 2-3.81, Article 13A, or Article
4		13B is eligible to apply for a high school equivalency
5		certificate (if he or she meets the requirements prescribed by
6		the Illinois Community College Board) upon showing evidence
7		that he or she has completed, successfully, high school
8		equivalency testing the high school level General Educational
9		Development Tests, administered by the United States Armed
10		Forces Institute, official high school equivalency testing
11		centers GED Centers established in other states, or at
12		Veterans' Administration Hospitals, or the office of the State
13		Superintendent of Education administered for the Illinois
14		State Penitentiary System and the Department of Corrections.
15		Such applicant shall apply to the regional superintendent of
16		the region wherein he or she has maintained residence, and,
17		upon payment of a fee established by the Illinois Community
18		College Board, the regional superintendent shall issue a high
19		school equivalency certificate, and immediately thereafter
20		certify to the Illinois Community College Board the score of
21		the applicant and such other and additional information as may
22		be required by the Illinois Community College Board.
23		Notwithstanding the provisions of this Section, any
24		applicant who has been out of school for at least one year may
25		request the regional superintendent of schools to administer
26		the restricted high school equivalency testing GED test upon

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1		written request of: the The director of a program who certifies
2		to the Chief Examiner of an official high school equivalency
3		testing GED center that the applicant has completed a program
4		of instruction provided by such agencies as the Job Corps, the
5		Postal Service Academy, or an apprenticeship training program;
6		an employer or program director for purposes of entry into
7		apprenticeship programs; another state's department of
8		education State Department of Education in order to meet
9		regulations established by that department of education; or
10		Department of Education, a post high school educational
11		institution for purposes of admission, the Department of
12		Financial and Professional Regulation for licensing purposes,
13		or the Armed Forces for induction purposes. The regional
14		superintendent shall administer such testing, test and the
15		applicant shall be notified in writing that he or she is
16		eligible to receive a high school equivalency certificate the
17		Illinois High School Equivalency Certificate upon reaching age
18		17, provided he or she meets the standards established by the
19		Illinois Community College Board.
20		Any test administered under this Section to an applicant
21		who does not speak and understand English may at the discretion
22		of the administering agency be given and answered in any
23		language in which the test is printed. The regional
24		superintendent of schools may waive any fees required by this
25		Section in case of hardship.
26		In counties of over 3,000,000 population, a high school

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

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

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

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

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

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

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

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

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1		education for inmates and wards within the Department of
2		Juvenile Justice so that they will be better motivated and
3		better equipped to restore themselves to constructive and law
4		abiding lives in the community. The specific measure sought is
5		the creation of a school district within the Department so that
6		its educational programs can meet the needs of persons
7		committed and so the resources of public education at the state
8		and federal levels are best used, all of the same being
9		contemplated within the provisions of the Illinois State
10		Constitution of 1970 which provides that "A fundamental goal of
11		the People of the State is the educational development of all
12		persons to the limits of their capacities." Therefore, on July
13		1, 2006, the Department of Corrections school district shall be
14		transferred to the Department of Juvenile Justice. It shall be
15		responsible for the education of youth within the Department of
16		Juvenile Justice and inmates age 21 or under within the
17		Department of Corrections who have not yet earned a high school
18		diploma or a high school equivalency General Educational
19		Development (GED) certificate, and the said district may
20		establish primary, secondary, vocational, adult, special, and
21		advanced educational schools as provided in this Act. The
22		Department of Corrections retains authority as provided for in
23		subsection (d) of Section 3-6-2 of the Unified Code of
24		Corrections. The Board of Education for this district shall
25		with the aid and advice of professional educational personnel
26		of the Department of Juvenile Justice and the State Board of

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

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

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1		the district wherein he resides when it is in session during
2		the regular school term, unless he is excused under paragraph
3		2, 3, 4, 5, or 6 of Section 26-1.
4		(b) A school district shall deny reenrollment in its
5		secondary schools to any child 19 years of age or above who has
6		dropped out of school and who could not, because of age and
7		lack of credits, attend classes during the normal school year
8		and graduate before his or her twenty-first birthday. A
9		district may, however, enroll the child in a graduation
10		incentives program under Section 26-16 of this Code or an
11		alternative learning opportunities program established under
12		Article 13B. No child shall be denied reenrollment for the
13		above reasons unless the school district first offers the child
14		due process as required in cases of expulsion under Section
15		10-22.6. If a child is denied reenrollment after being provided
16		with due process, the school district must provide counseling
17		to that child and must direct that child to alternative
18		educational programs, including adult education programs, that
19		lead to graduation or receipt of a high school equivalency
20		certificate GED diploma.
21		(c) A school or school district may deny enrollment to a
22		student 17 years of age or older for one semester for failure
23		to meet minimum academic standards if all of the following
24		conditions are met:
25		(1) The student achieved a grade point average of less
26		than "D" (or its equivalent) in the semester immediately

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

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

SB2729 Engrossed - 41 - LRB098 16125 NHT 51182 b
1		Public Act 93-803.
2		(Source: P.A. 95-417, eff. 8-24-07.)
3		(Text of Section after amendment by P.A. 98-544)
4		Sec. 26-2. Enrolled pupils not of compulsory school age.
5		(a) For school years before the 2014-2015 school year, any
6		person having custody or control of a child who is below the
7		age of 7 years or is 17 years of age or above and who is
8		enrolled in any of grades kindergarten through 12 in the public
9		school shall cause him to attend the public school in the
10		district wherein he resides when it is in session during the
11		regular school term, unless he is excused under paragraph 2, 3,
12		4, 5, or 6 of Section 26-1. Beginning with the 2014-2015 school
13		year, any person having custody or control of a child who is
14		below the age of 6 years or is 17 years of age or above and who
15		is enrolled in any of grades kindergarten through 12 in the
16		public school shall cause the child to attend the public school
17		in the district wherein he or she resides when it is in session
18		during the regular school term, unless the child is excused
19		under paragraph 2, 3, 4, 5, or 6 of Section 26-1 of this Code.
20		(b) A school district shall deny reenrollment in its
21		secondary schools to any child 19 years of age or above who has
22		dropped out of school and who could not, because of age and
23		lack of credits, attend classes during the normal school year
24		and graduate before his or her twenty-first birthday. A
25		district may, however, enroll the child in a graduation

SB2729 Engrossed - 42 - LRB098 16125 NHT 51182 b
1		incentives program under Section 26-16 of this Code or an
2		alternative learning opportunities program established under
3		Article 13B. No child shall be denied reenrollment for the
4		above reasons unless the school district first offers the child
5		due process as required in cases of expulsion under Section
6		10-22.6. If a child is denied reenrollment after being provided
7		with due process, the school district must provide counseling
8		to that child and must direct that child to alternative
9		educational programs, including adult education programs, that
10		lead to graduation or receipt of a high school equivalency
11		certificate GED diploma.
12		(c) A school or school district may deny enrollment to a
13		student 17 years of age or older for one semester for failure
14		to meet minimum academic standards if all of the following
15		conditions are met:
16		(1) The student achieved a grade point average of less
17		than "D" (or its equivalent) in the semester immediately
18		prior to the current semester.
19		(2) The student and the student's parent or guardian
20		are given written notice warning that the student is
21		failing academically and is subject to denial from
22		enrollment for one semester unless a "D" average (or its
23		equivalent) or better is attained in the current semester.
24		(3) The parent or guardian is provided with the right
25		to appeal the notice, as determined by the State Board of
26		Education in accordance with due process.

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

SB2729 Engrossed - 44 - LRB098 16125 NHT 51182 b
1		of age or older but below 19 years for more than one
2		consecutive semester for failure to meet academic or attendance
3		standards.
4		(d) No child may be denied enrollment or reenrollment under
5		this Section in violation of the Individuals with Disabilities
6		Education Act or the Americans with Disabilities Act.
7		(e) In this subsection (e), "reenrolled student" means a
8		dropout who has reenrolled full-time in a public school. Each
9		school district shall identify, track, and report on the
10		educational progress and outcomes of reenrolled students as a
11		subset of the district's required reporting on all enrollments.
12		A reenrolled student who again drops out must not be counted
13		again against a district's dropout rate performance measure.
14		The State Board of Education shall set performance standards
15		for programs serving reenrolled students.
16		(f) The State Board of Education shall adopt any rules
17		necessary to implement the changes to this Section made by
18		Public Act 93-803.
19		(Source: P.A. 98-544, eff. 7-1-14.)
20		(105 ILCS 5/26-16)
21		Sec. 26-16. Graduation incentives program.
22		(a) The General Assembly finds that it is critical to
23		provide options for children to succeed in school. The purpose
24		of this Section is to provide incentives for and encourage all
25		Illinois students who have experienced or are experiencing

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

SB2729 Engrossed - 46 - LRB098 16125 NHT 51182 b
1		per school year. Subject to available funds, students may
2		apply for reimbursement of up to 100% of tuition costs upon
3		a showing of employment within 6 months after completion of
4		a vocational or job training program. The qualifications
5		for reimbursement shall be established by the State
6		Superintendent of Education by rule.
7		(4) Job and career programs approved by the State
8		Superintendent of Education that are available through
9		Illinois-accredited private business and vocational
10		schools. Subject to available funds, pupils may apply for
11		reimbursement of up to 100% of tuition costs upon a showing
12		of employment within 6 months after completion of a job or
13		career program. The State Superintendent of Education
14		shall establish, by rule, the qualifications for
15		reimbursement, criteria for determining reimbursement
16		amounts, and limits on reimbursement.
17		(5) Adult education courses that offer preparation for
18		high school equivalency testing the General Educational
19		Development Test.
20		(d) Graduation incentives programs established by school
21		districts are entitled to claim general State aid, subject to
22		Sections 13B-50, 13B-50.5, and 13B-50.10 of this Code.
23		Graduation incentives programs operated by regional offices of
24		education are entitled to receive general State aid at the
25		foundation level of support per pupil enrolled. A school
26		district must ensure that its graduation incentives program

SB2729 Engrossed - 47 - LRB098 16125 NHT 51182 b
1		receives supplemental general State aid, transportation
2		reimbursements, and special education resources, if
3		appropriate, for students enrolled in the program.
4		(Source: P.A. 93-858, eff. 1-1-05; 93-1079, eff. 1-21-05.)
5		Section 40. The Adult Education Act is amended by changing
6		Section 3-1 as follows:
7		(105 ILCS 405/3-1) (from Ch. 122, par. 203-1)
8		Sec. 3-1. Apportionment for Adult Education Courses. Any
9		school district maintaining adult education classes for the
10		instruction of persons over 21 years of age and youths under 21
11		years of age whose schooling has been interrupted shall be
12		entitled to claim an apportionment in accordance with the
13		provisions of Section 10-22.20 of the School Code and Section
14		2-4 of this Act. Any public community college district
15		maintaining adult education classes for the instruction of
16		persons over 21 years of age and youths under 21 years of age
17		whose schooling has been interrupted shall be entitled to claim
18		an apportionment in accordance with the provisions of Section
19		2-16.02 of the Public Community College Act.
20		Reimbursement as herein provided shall be limited to
21		courses regularly accepted for graduation from elementary or
22		high schools and for Americanization and high school
23		equivalency testing review General Educational Development
24		Review classes which are approved by the Board.

SB2729 Engrossed - 48 - LRB098 16125 NHT 51182 b
1		If the amount appropriated for this purpose is less than
2		the amount required under the provisions of this Section, the
3		apportionment for local districts shall be proportionately
4		reduced.
5		(Source: P.A. 93-21, eff. 7-1-03.)
6		Section 45. The University of Illinois Act is amended by
7		changing Section 8 as follows:
8		(110 ILCS 305/8) (from Ch. 144, par. 29)
9		Sec. 8. Admissions.
10		(a) (Blank).
11		(b) In addition, commencing in the fall of 1993, no new
12		student shall then or thereafter be admitted to instruction in
13		any of the departments or colleges of the University unless
14		such student also has satisfactorily completed:
15		(1) at least 15 units of high school coursework from
16		the following 5 categories:
17		(A) 4 years of English (emphasizing written and
18		oral communications and literature), of which up to 2
19		years may be collegiate level instruction;
20		(B) 3 years of social studies (emphasizing history
21		and government);
22		(C) 3 years of mathematics (introductory through
23		advanced algebra, geometry, trigonometry, or
24		fundamentals of computer programming);

SB2729 Engrossed - 49 - LRB098 16125 NHT 51182 b
1		(D) 3 years of science (laboratory sciences); and
2		(E) 2 years of electives in foreign language (which
3		may be deemed to include American Sign Language),
4		music, vocational education or art;
5		(2) except that institutions may admit individual
6		applicants if the institution determines through
7		assessment or through evaluation based on learning
8		outcomes of the coursework taken, including vocational
9		education courses and courses taken in a charter school
10		established under Article 27A of the School Code, that the
11		applicant demonstrates knowledge and skills substantially
12		equivalent to the knowledge and skills expected to be
13		acquired in the high school courses required for admission.
14		The Board of Trustees of the University of Illinois shall
15		not discriminate in the University's admissions process
16		against an applicant for admission because of the
17		applicant's enrollment in a charter school established
18		under Article 27A of the School Code. Institutions may also
19		admit 1) applicants who did not have an opportunity to
20		complete the minimum college preparatory curriculum in
21		high school, and 2) educationally disadvantaged applicants
22		who are admitted to the formal organized special assistance
23		programs that are tailored to the needs of such students,
24		providing that in either case, the institution
25		incorporates in the applicant's baccalaureate curriculum
26		courses or other academic activities that compensate for

SB2729 Engrossed - 50 - LRB098 16125 NHT 51182 b
1		course deficiencies; and
2		(3) except that up to 3 of the 15 units of coursework
3		required by paragraph (1) of this subsection may be
4		distributed by deducting no more than one unit each from
5		the categories of social studies, mathematics, sciences
6		and electives and completing those 3 units in any of the 5
7		categories of coursework described in paragraph (1).
8		(c) When allocating funds, local boards of education shall
9		recognize their obligation to their students to offer the
10		coursework required by subsection (b).
11		(d) A student who has graduated from high school and has
12		scored within the University's accepted range on the ACT or SAT
13		shall not be required to take a high school equivalency test
14		the high school level General Educational Development (GED)
15		Test as a prerequisite to admission.
16		(Source: P.A. 96-203, eff. 8-10-09; 96-843, eff. 6-1-10;
17		96-1000, eff. 7-2-10.)
18		Section 50. The Southern Illinois University Management
19		Act is amended by changing Section 8e as follows:
20		(110 ILCS 520/8e) (from Ch. 144, par. 658e)
21		Sec. 8e. Admissions.
22		(a) Commencing in the fall of 1993, no new student shall
23		then or thereafter be admitted to instruction in any of the
24		departments or colleges of the University unless such student

SB2729 Engrossed - 51 - LRB098 16125 NHT 51182 b
1		also has satisfactorily completed:
2		(1) at least 15 units of high school coursework from
3		the following 5 categories:
4		(A) 4 years of English (emphasizing written and
5		oral communications and literature), of which up to 2
6		years may be collegiate level instruction;
7		(B) 3 years of social studies (emphasizing history
8		and government);
9		(C) 3 years of mathematics (introductory through
10		advanced algebra, geometry, trigonometry, or
11		fundamentals of computer programming);
12		(D) 3 years of science (laboratory sciences); and
13		(E) 2 years of electives in foreign language (which
14		may be deemed to include American Sign Language),
15		music, vocational education or art;
16		(2) except that institutions may admit individual
17		applicants if the institution determines through
18		assessment or through evaluation based on learning
19		outcomes of the coursework taken, including vocational
20		education courses and courses taken in a charter school
21		established under Article 27A of the School Code, that the
22		applicant demonstrates knowledge and skills substantially
23		equivalent to the knowledge and skills expected to be
24		acquired in the high school courses required for admission.
25		The Board of Trustees of Southern Illinois University shall
26		not discriminate in the University's admissions process

SB2729 Engrossed - 52 - LRB098 16125 NHT 51182 b
1		against an applicant for admission because of the
2		applicant's enrollment in a charter school established
3		under Article 27A of the School Code. Institutions may also
4		admit 1) applicants who did not have an opportunity to
5		complete the minimum college preparatory curriculum in
6		high school, and 2) educationally disadvantaged applicants
7		who are admitted to the formal organized special assistance
8		programs that are tailored to the needs of such students,
9		providing that in either case, the institution
10		incorporates in the applicant's baccalaureate curriculum
11		courses or other academic activities that compensate for
12		course deficiencies; and
13		(3) except that up to 3 of 15 units of coursework
14		required by paragraph (1) of this subsection may be
15		distributed by deducting no more than one unit each from
16		the categories of social studies, mathematics, sciences
17		and electives and completing those 3 units in any of the 5
18		categories of coursework described in paragraph (1).
19		(b) When allocating funds, local boards of education shall
20		recognize their obligation to their students to offer the
21		coursework required by subsection (a).
22		(c) A student who has graduated from high school and has
23		scored within the University's accepted range on the ACT or SAT
24		shall not be required to take a high school equivalency test
25		the high school level General Educational Development (GED)
26		Test as a prerequisite to admission.

SB2729 Engrossed - 53 - LRB098 16125 NHT 51182 b
1		(Source: P.A. 96-843, eff. 6-1-10; 96-1000, eff. 7-2-10.)
2		Section 55. The Chicago State University Law is amended by
3		changing Section 5-85 as follows:
4		(110 ILCS 660/5-85)
5		Sec. 5-85. Admission requirements.
6		(a) No new student shall be admitted to instruction in any
7		of the departments or colleges of the Chicago State University
8		unless such student also has satisfactorily completed:
9		(1) at least 15 units of high school coursework from
10		the following 5 categories:
11		(A) 4 years of English (emphasizing written and
12		oral communications and literature), of which up to 2
13		years may be collegiate level instruction;
14		(B) 3 years of social studies (emphasizing history
15		and government);
16		(C) 3 years of mathematics (introductory through
17		advanced algebra, geometry, trigonometry, or
18		fundamentals of computer programming);
19		(D) 3 years of science (laboratory sciences); and
20		(E) 2 years of electives in foreign language (which
21		may be deemed to include American Sign Language),
22		music, vocational education or art;
23		(2) except that Chicago State University may admit
24		individual applicants if it determines through assessment

SB2729 Engrossed - 54 - LRB098 16125 NHT 51182 b
1		or through evaluation based on learning outcomes of the
2		coursework taken, including vocational education courses
3		and courses taken in a charter school established under
4		Article 27A of the School Code, that the applicant
5		demonstrates knowledge and skills substantially equivalent
6		to the knowledge and skills expected to be acquired in the
7		high school courses required for admission. The Board of
8		Trustees of Chicago State University shall not
9		discriminate in the University's admissions process
10		against an applicant for admission because of the
11		applicant's enrollment in a charter school established
12		under Article 27A of the School Code. Chicago State
13		University may also admit (i) applicants who did not have
14		an opportunity to complete the minimum college preparatory
15		curriculum in high school, and (ii) educationally
16		disadvantaged applicants who are admitted to the formal
17		organized special assistance programs that are tailored to
18		the needs of such students, providing that in either case,
19		the institution incorporates in the applicant's
20		baccalaureate curriculum courses or other academic
21		activities that compensate for course deficiencies; and
22		(3) except that up to 3 of 15 units of coursework
23		required by paragraph (1) of this subsection may be
24		distributed by deducting no more than one unit each from
25		the categories of social studies, mathematics, sciences
26		and electives and completing those 3 units in any of the 5

SB2729 Engrossed - 55 - LRB098 16125 NHT 51182 b
1		categories of coursework described in paragraph (1).
2		(b) When allocating funds, local boards of education shall
3		recognize their obligation to their students to offer the
4		coursework required by subsection (a).
5		(c) A student who has graduated from high school and has
6		scored within the University's accepted range on the ACT or SAT
7		shall not be required to take a high school equivalency test
8		the high school level General Educational Development (GED)
9		Test as a prerequisite to admission.
10		(Source: P.A. 96-843, eff. 6-1-10; 96-1000, eff. 7-2-10.)
11		Section 60. The Eastern Illinois University Law is amended
12		by changing Section 10-85 as follows:
13		(110 ILCS 665/10-85)
14		Sec. 10-85. Admission requirements.
15		(a) No new student shall be admitted to instruction in any
16		of the departments or colleges of the Eastern Illinois
17		University unless such student also has satisfactorily
18		completed:
19		(1) at least 15 units of high school coursework from
20		the following 5 categories:
21		(A) 4 years of English (emphasizing written and
22		oral communications and literature), of which up to 2
23		years may be collegiate level instruction;
24		(B) 3 years of social studies (emphasizing history

SB2729 Engrossed - 56 - LRB098 16125 NHT 51182 b
1		and government);
2		(C) 3 years of mathematics (introductory through
3		advanced algebra, geometry, trigonometry, or
4		fundamentals of computer programming);
5		(D) 3 years of science (laboratory sciences); and
6		(E) 2 years of electives in foreign language (which
7		may be deemed to include American Sign Language),
8		music, vocational education or art;
9		(2) except that Eastern Illinois University may admit
10		individual applicants if it determines through assessment
11		or through evaluation based on learning outcomes of the
12		coursework taken, including vocational education courses
13		and courses taken in a charter school established under
14		Article 27A of the School Code, that the applicant
15		demonstrates knowledge and skills substantially equivalent
16		to the knowledge and skills expected to be acquired in the
17		high school courses required for admission. The Board of
18		Trustees of Eastern Illinois University shall not
19		discriminate in the University's admissions process
20		against an applicant for admission because of the
21		applicant's enrollment in a charter school established
22		under Article 27A of the School Code. Eastern Illinois
23		University may also admit (i) applicants who did not have
24		an opportunity to complete the minimum college preparatory
25		curriculum in high school, and (ii) educationally
26		disadvantaged applicants who are admitted to the formal

SB2729 Engrossed - 57 - LRB098 16125 NHT 51182 b
1		organized special assistance programs that are tailored to
2		the needs of such students, providing that in either case,
3		the institution incorporates in the applicant's
4		baccalaureate curriculum courses or other academic
5		activities that compensate for course deficiencies; and
6		(3) except that up to 3 of 15 units of coursework
7		required by paragraph (1) of this subsection may be
8		distributed by deducting no more than one unit each from
9		the categories of social studies, mathematics, sciences
10		and electives and completing those 3 units in any of the 5
11		categories of coursework described in paragraph (1).
12		(b) When allocating funds, local boards of education shall
13		recognize their obligation to their students to offer the
14		coursework required by subsection (a).
15		(c) A student who has graduated from high school and has
16		scored within the University's accepted range on the ACT or SAT
17		shall not be required to take a high school equivalency test
18		the high school level General Educational Development (GED)
19		Test as a prerequisite to admission.
20		(Source: P.A. 96-843, eff. 6-1-10; 96-1000, eff. 7-2-10.)
21		Section 65. The Governors State University Law is amended
22		by changing Section 15-85 as follows:
23		(110 ILCS 670/15-85)
24		Sec. 15-85. Admission requirements.

SB2729 Engrossed - 58 - LRB098 16125 NHT 51182 b
1		(a) No new student shall be admitted to instruction in any
2		of the departments or colleges of the Governors State
3		University unless such student also has satisfactorily
4		completed:
5		(1) at least 15 units of high school coursework from
6		the following 5 categories:
7		(A) 4 years of English (emphasizing written and
8		oral communications and literature), of which up to 2
9		years may be collegiate level instruction;
10		(B) 3 years of social studies (emphasizing history
11		and government);
12		(C) 3 years of mathematics (introductory through
13		advanced algebra, geometry, trigonometry, or
14		fundamentals of computer programming);
15		(D) 3 years of science (laboratory sciences); and
16		(E) 2 years of electives in foreign language (which
17		may be deemed to include American Sign Language),
18		music, vocational education or art;
19		(2) except that Governors State University may admit
20		individual applicants if it determines through assessment
21		or through evaluation based on learning outcomes of the
22		coursework taken, including vocational education courses
23		and courses taken in a charter school established under
24		Article 27A of the School Code, that the applicant
25		demonstrates knowledge and skills substantially equivalent
26		to the knowledge and skills expected to be acquired in the

SB2729 Engrossed - 59 - LRB098 16125 NHT 51182 b
1		high school courses required for admission. The Board of
2		Trustees of Governors State University shall not
3		discriminate in the University's admissions process
4		against an applicant for admission because of the
5		applicant's enrollment in a charter school established
6		under Article 27A of the School Code. Governors State
7		University may also admit (i) applicants who did not have
8		an opportunity to complete the minimum college preparatory
9		curriculum in high school, and (ii) educationally
10		disadvantaged applicants who are admitted to the formal
11		organized special assistance programs that are tailored to
12		the needs of such students, providing that in either case,
13		the institution incorporates in the applicant's
14		baccalaureate curriculum courses or other academic
15		activities that compensate for course deficiencies; and
16		(3) except that up to 3 of 15 units of coursework
17		required by paragraph (1) of this subsection may be
18		distributed by deducting no more than one unit each from
19		the categories of social studies, mathematics, sciences
20		and electives and completing those 3 units in any of the 5
21		categories of coursework described in paragraph (1).
22		(b) When allocating funds, local boards of education shall
23		recognize their obligation to their students to offer the
24		coursework required by subsection (a).
25		(c) A student who has graduated from high school and has
26		scored within the University's accepted range on the ACT or SAT

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

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

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

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

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

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

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

SB2729 Engrossed - 67 - LRB098 16125 NHT 51182 b
1		coursework required by subsection (a).
2		(c) A student who has graduated from high school and has
3		scored within the University's accepted range on the ACT or SAT
4		shall not be required to take a high school equivalency test
5		the high school level General Educational Development (GED)
6		Test as a prerequisite to admission.
7		(Source: P.A. 96-843, eff. 6-1-10; 96-1000, eff. 7-2-10.)
8		Section 85. The Western Illinois University Law is amended
9		by changing Section 35-85 as follows:
10		(110 ILCS 690/35-85)
11		Sec. 35-85. Admission requirements.
12		(a) No new student shall be admitted to instruction in any
13		of the departments or colleges of the Western Illinois
14		University unless such student also has satisfactorily
15		completed:
16		(1) at least 15 units of high school coursework from
17		the following 5 categories:
18		(A) 4 years of English (emphasizing written and
19		oral communications and literature), of which up to 2
20		years may be collegiate level instruction;
21		(B) 3 years of social studies (emphasizing history
22		and government);
23		(C) 3 years of mathematics (introductory through
24		advanced algebra, geometry, trigonometry, or

SB2729 Engrossed - 68 - LRB098 16125 NHT 51182 b
1		fundamentals of computer programming);
2		(D) 3 years of science (laboratory sciences); and
3		(E) 2 years of electives in foreign language (which
4		may be deemed to include American Sign Language),
5		music, vocational education or art;
6		(2) except that Western Illinois University may admit
7		individual applicants if it determines through assessment
8		or through evaluation based on learning outcomes of the
9		coursework taken, including vocational education courses
10		and courses taken in a charter school established under
11		Article 27A of the School Code, that the applicant
12		demonstrates knowledge and skills substantially equivalent
13		to the knowledge and skills expected to be acquired in the
14		high school courses required for admission. The Board of
15		Trustees of Western Illinois University shall not
16		discriminate in the University's admissions process
17		against an applicant for admission because of the
18		applicant's enrollment in a charter school established
19		under Article 27A of the School Code. Western Illinois
20		University may also admit (i) applicants who did not have
21		an opportunity to complete the minimum college preparatory
22		curriculum in high school, and (ii) educationally
23		disadvantaged applicants who are admitted to the formal
24		organized special assistance programs that are tailored to
25		the needs of such students, providing that in either case,
26		the institution incorporates in the applicant's

SB2729 Engrossed - 69 - LRB098 16125 NHT 51182 b
1		baccalaureate curriculum courses or other academic
2		activities that compensate for course deficiencies; and
3		(3) except that up to 3 of 15 units of coursework
4		required by paragraph (1) of this subsection may be
5		distributed by deducting no more than one unit each from
6		the categories of social studies, mathematics, sciences
7		and electives and completing those 3 units in any of the 5
8		categories of coursework described in paragraph (1).
9		(b) When allocating funds, local boards of education shall
10		recognize their obligation to their students to offer the
11		coursework required by subsection (a).
12		(c) A student who has graduated from high school and has
13		scored within the University's accepted range on the ACT or SAT
14		shall not be required to take a high school equivalency test
15		the high school level General Educational Development (GED)
16		Test as a prerequisite to admission.
17		(Source: P.A. 96-843, eff. 6-1-10; 96-1000, eff. 7-2-10.)
18		Section 90. The Public Community College Act is amended by
19		changing Sections 2-12 and 3-17 as follows:
20		(110 ILCS 805/2-12) (from Ch. 122, par. 102-12)
21		Sec. 2-12. The State Board shall have the power and it
22		shall be its duty:
23		(a) To provide statewide planning for community colleges as
24		institutions of higher education and co-ordinate the programs,

SB2729 Engrossed - 70 - LRB098 16125 NHT 51182 b
1		services and activities of all community colleges in the State
2		so as to encourage and establish a system of locally initiated
3		and administered comprehensive community colleges.
4		(b) To organize and conduct feasibility surveys for new
5		community colleges or for the inclusion of existing
6		institutions as community colleges and the locating of new
7		institutions.
8		(c) To approve all locally funded capital projects for
9		which no State monies are required, in accordance with
10		standards established by rule.
11		(d) To cooperate with the community colleges in continuing
12		studies of student characteristics, admission standards,
13		grading policies, performance of transfer students,
14		qualification and certification of facilities and any other
15		problem of community college education.
16		(e) To enter into contracts with other governmental
17		agencies and eligible providers, such as local educational
18		agencies, community-based organizations of demonstrated
19		effectiveness, volunteer literacy organizations of
20		demonstrated effectiveness, institutions of higher education,
21		public and private nonprofit agencies, libraries, and public
22		housing authorities; to accept federal funds and to plan with
23		other State agencies when appropriate for the allocation of
24		such federal funds for instructional programs and student
25		services including such funds for adult education and adult
26		literacy, vocational and technical education, and retraining

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

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

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

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

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

SB2729 Engrossed - 76 - LRB098 16125 NHT 51182 b
1		students applying, the community college will accept those best
2		qualified, using rank in class and ability and achievement
3		tests as guides, and shall give preference to students residing
4		in the district unless the district has entered into a
5		contractual agreement for the mutual exchange of students with
6		another community college district, in which case, equal
7		enrollment preference may be granted to students residing in
8		such contracting districts.
9		A student who has graduated from high school and has scored
10		within the community college's accepted range on the ACT or SAT
11		shall not be required to take a high school equivalency test
12		the high school level General Educational Development (GED)
13		Test as a prerequisite to admission.
14		(Source: P.A. 91-374, eff. 7-30-99.)
15		Section 95. The Higher Education Student Assistance Act is
16		amended by changing Sections 50 and 52 as follows:
17		(110 ILCS 947/50)
18		Sec. 50. Minority Teachers of Illinois scholarship
19		program.
20		(a) As used in this Section:
21		"Eligible applicant" means a minority student who has
22		graduated from high school or has received a high school
23		equivalency certificate General Educational Development
24		Certification and has maintained a cumulative grade point

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

SB2729 Engrossed - 78 - LRB098 16125 NHT 51182 b
1		resident of this State and a citizen or permanent resident
2		of the United States; (ii) who is a minority student, as
3		defined in this Section; (iii) who, as an eligible
4		applicant, has made a timely application for a minority
5		teaching scholarship under this Section; (iv) who is
6		enrolled on at least a half-time basis at a qualified
7		Illinois institution of higher learning; (v) who is
8		enrolled in a course of study leading to teacher
9		certification, including alternative teacher
10		certification; (vi) who maintains a grade point average of
11		no less than 2.5 on a 4.0 scale; and (vii) who continues to
12		advance satisfactorily toward the attainment of a degree.
13		(b) In order to encourage academically talented Illinois
14		minority students to pursue teaching careers at the preschool
15		or elementary or secondary school level, each qualified student
16		shall be awarded a minority teacher scholarship to any
17		qualified Illinois institution of higher learning. However,
18		preference may be given to qualified applicants enrolled at or
19		above the junior level.
20		(c) Each minority teacher scholarship awarded under this
21		Section shall be in an amount sufficient to pay the tuition and
22		fees and room and board costs of the qualified Illinois
23		institution of higher learning at which the recipient is
24		enrolled, up to an annual maximum of $5,000; except that in the
25		case of a recipient who does not reside on-campus at the
26		institution at which he or she is enrolled, the amount of the

SB2729 Engrossed - 79 - LRB098 16125 NHT 51182 b
1		scholarship shall be sufficient to pay tuition and fee expenses
2		and a commuter allowance, up to an annual maximum of $5,000.
3		(d) The total amount of minority teacher scholarship
4		assistance awarded by the Commission under this Section to an
5		individual in any given fiscal year, when added to other
6		financial assistance awarded to that individual for that year,
7		shall not exceed the cost of attendance at the institution at
8		which the student is enrolled. If the amount of minority
9		teacher scholarship to be awarded to a qualified student as
10		provided in subsection (c) of this Section exceeds the cost of
11		attendance at the institution at which the student is enrolled,
12		the minority teacher scholarship shall be reduced by an amount
13		equal to the amount by which the combined financial assistance
14		available to the student exceeds the cost of attendance.
15		(e) The maximum number of academic terms for which a
16		qualified student can receive minority teacher scholarship
17		assistance shall be 8 semesters or 12 quarters.
18		(f) In any academic year for which an eligible applicant
19		under this Section accepts financial assistance through the
20		Paul Douglas Teacher Scholarship Program, as authorized by
21		Section 551 et seq. of the Higher Education Act of 1965, the
22		applicant shall not be eligible for scholarship assistance
23		awarded under this Section.
24		(g) All applications for minority teacher scholarships to
25		be awarded under this Section shall be made to the Commission
26		on forms which the Commission shall provide for eligible

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

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

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

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

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

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

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

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

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1		shall notify the Commission of the individuals awarded
2		scholarship assistance under this Section. Each year, at least
3		30% of the Golden Apple Scholars of Illinois Program
4		scholarships shall be awarded to students residing in counties
5		having a population of less than 500,000.
6		(g) (Blank).
7		(h) The Commission shall administer the payment of
8		scholarship assistance provided through the Golden Apple
9		Scholars of Illinois Program and shall make all necessary and
10		proper rules not inconsistent with this Section for the
11		effective implementation of this Section.
12		(i) Prior to receiving scholarship assistance for any
13		academic year, each recipient of a scholarship awarded under
14		this Section shall be required by the Foundation to sign an
15		agreement under which the recipient pledges that, within the
16		2-year period following the termination of the academic program
17		for which the recipient was awarded a scholarship, the
18		recipient: (i) shall begin teaching for a period of not less
19		than 5 years, (ii) shall fulfill this teaching obligation at a
20		nonprofit Illinois public, private, or parochial preschool or
21		an Illinois public elementary or secondary school that
22		qualifies for teacher loan cancellation under Section
23		465(a)(2)(A) of the federal Higher Education Act of 1965 (20
24		U.S.C. 1087ee(a)(2)(A)) or other Illinois schools deemed
25		eligible for fulfilling the teaching commitment as designated
26		by the Foundation, and (iii) shall, upon request of the

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

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1		the United States; (iii) is temporarily totally disabled, as
2		established by sworn affidavit of a qualified physician; (iv)
3		is seeking and unable to find full-time employment as a teacher
4		at a school that satisfies the criteria set forth in subsection
5		(i) and is able to provide evidence of that fact; (v) is taking
6		additional courses, on at least a half-time basis, needed to
7		obtain certification as a teacher in Illinois; (vi) is
8		fulfilling teaching requirements associated with other
9		programs administered by the Commission and cannot
10		concurrently fulfill them under this Section in a period of
11		time equal to the length of the teaching obligation; or (vii)
12		is participating in a program established under Executive Order
13		10924 of the President of the United States or the federal
14		National Community Service Act of 1990 (42 U.S.C. 12501 et
15		seq.). Any such extension of the period during which the
16		teaching requirement must be fulfilled shall be subject to
17		limitations of duration as established by the Commission.
18		(l) A recipient who fails to fulfill the teaching
19		obligations of the agreement entered into pursuant to
20		subsection (i) of this Section shall repay the amount of
21		scholarship assistance awarded to them under this Section
22		within 10 years.
23		(m) Annually, at a time determined by the Commission in
24		consultation with the Foundation, the Foundation shall submit a
25		report to assist the Commission in monitoring the Foundation's
26		performance of grant activities. The report shall describe the

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

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

SB2729 Engrossed - 93 - LRB098 16125 NHT 51182 b
1		changing Section 500-50 as follows:
2		(215 ILCS 5/500-50)
3		(Section scheduled to be repealed on January 1, 2017)
4		Sec. 500-50. Insurance producers; examination statistics.
5		(a) The use of examinations for the purpose of determining
6		qualifications of persons to be licensed as insurance producers
7		has a direct and far-reaching effect on persons seeking those
8		licenses, on insurance companies, and on the public. It is in
9		the public interest and it will further the public welfare to
10		insure that examinations for licensing do not have the effect
11		of unlawfully discriminating against applicants for licensing
12		as insurance producers on the basis of race, color, national
13		origin, or sex.
14		(b) As used in this Section, the following words have the
15		meanings given in this subsection.
16		Examination. "Examination" means the examination in each
17		line of insurance administered pursuant to Section 500-30.
18		Examinee. "Examinee" means a person who takes an
19		examination.
20		Part. "Part" means a portion of an examination for which a
21		score is calculated.
22		Operational item. "Operational item" means a test question
23		considered in determining an examinee's score.
24		Test form. "Test form" means the test booklet or instrument
25		used for a part of an examination.

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

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

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

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

SB2729 Engrossed - 98 - LRB098 16125 NHT 51182 b
1		personal privacy of examinees and the maintenance of test
2		security.
3		(i) In administering the examinations, the Director must
4		make such accommodations for disabled examinees as are
5		reasonably warranted by the particular disability involved,
6		including the provision of additional time if necessary to
7		complete an examination or special assistance in taking an
8		examination.
9		(j) For the purposes of this Section:
10		(1) "American Indian or Alaska Native" means a person
11		having origins in any of the original peoples of North and
12		South America, including Central America, and who
13		maintains tribal affiliation or community attachment.
14		(2) "Asian" means a person having origins in any of the
15		original peoples of the Far East, Southeast Asia, or the
16		Indian subcontinent, including, but not limited to,
17		Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
18		the Philippine Islands, Thailand, and Vietnam.
19		(3) "Black or African American" means a person having
20		origins in any of the black racial groups of Africa. Terms
21		such as "Haitian" or "Negro" can be used in addition to
22		"Black or African American".
23		(4) "Hispanic or Latino" means a person of Cuban,
24		Mexican, Puerto Rican, South or Central American, or other
25		Spanish culture or origin, regardless of race.
26		(5) "Native Hawaiian or Other Pacific Islander" means a

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

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

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

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

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

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

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

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

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1		helps individuals gain the necessary job finding skills to help
2		them find and retain employment that will lead to economic
3		independence.
4		(d) Job Search. Job Search may be conducted individually or
5		in groups. Job Search includes the provision of counseling, job
6		seeking skills training and information dissemination. Group
7		job search may include training in a group session. Assignment
8		exclusively to job search cannot be in excess of 8 consecutive
9		weeks (or its equivalent) in any period of 12 consecutive
10		months.
11		(e) Work Experience. Work Experience assignments may be
12		with private employers or not-for-profit or public agencies in
13		the State. The Illinois Department shall provide workers'
14		compensation coverage. Participants who are not members of a
15		2-parent assistance unit may not be assigned more hours than
16		their cash grant amount plus food stamps divided by the minimum
17		wage. Private employers and not-for-profit and public agencies
18		shall not use Work Experience participants to displace regular
19		employees. Participants in Work Experience may perform work in
20		the public interest (which otherwise meets the requirements of
21		this Section) for a federal office or agency with its consent,
22		and notwithstanding the provisions of 31 U.S.C. 1342, or any
23		other provision of law, such agency may accept such services,
24		but participants shall not be considered federal employees for
25		any purpose. A participant shall be reassessed at the end of
26		assignment to Work Experience. The participant may be

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

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

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

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

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

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

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

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1		Controlled Substances Act, or Section 70 of the Methamphetamine
2		Control and Community Protection Act shall not be considered
3		convicted. Any person found guilty of this offense, while in
4		actual physical control of a motor vehicle, shall have an entry
5		made in the court record by the judge that this offense did
6		occur while the person was in actual physical control of a
7		motor vehicle and order the clerk of the court to report the
8		violation to the Secretary of State as such.
9		(d) No graduated driver's license shall be issued for 9
10		months to any applicant under the age of 18 years who has
11		committed and subsequently been convicted of an offense against
12		traffic regulations governing the movement of vehicles, any
13		violation of this Section or Section 12-603.1 of this Code, or
14		who has received a disposition of court supervision for a
15		violation of Section 6-20 of the Illinois Liquor Control Act of
16		1934 or a similar provision of a local ordinance.
17		(e) No graduated driver's license holder under the age of
18		18 years shall operate any motor vehicle, except a motor driven
19		cycle or motorcycle, with more than one passenger in the front
20		seat of the motor vehicle and no more passengers in the back
21		seats than the number of available seat safety belts as set
22		forth in Section 12-603 of this Code. If a graduated driver's
23		license holder over the age of 18 committed an offense against
24		traffic regulations governing the movement of vehicles or any
25		violation of this Section or Section 12-603.1 of this Code in
26		the 6 months prior to the graduated driver's license holder's

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1		18th birthday, and was subsequently convicted of the violation,
2		the provisions of this paragraph shall continue to apply until
3		such time as a period of 6 consecutive months has elapsed
4		without an additional violation and subsequent conviction of an
5		offense against traffic regulations governing the movement of
6		vehicles or any violation of this Section or Section 12-603.1
7		of this Code.
8		(f) (Blank).
9		(g) If a graduated driver's license holder is under the age
10		of 18 when he or she receives the license, for the first 12
11		months he or she holds the license or until he or she reaches
12		the age of 18, whichever occurs sooner, the graduated license
13		holder may not operate a motor vehicle with more than one
14		passenger in the vehicle who is under the age of 20, unless any
15		additional passenger or passengers are siblings,
16		step-siblings, children, or stepchildren of the driver. If a
17		graduated driver's license holder committed an offense against
18		traffic regulations governing the movement of vehicles or any
19		violation of this Section or Section 12-603.1 of this Code
20		during the first 12 months the license is held and subsequently
21		is convicted of the violation, the provisions of this paragraph
22		shall remain in effect until such time as a period of 6
23		consecutive months has elapsed without an additional violation
24		and subsequent conviction of an offense against traffic
25		regulations governing the movement of vehicles or any violation
26		of this Section or Section 12-603.1 of this Code.

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1		(h) It shall be an offense for a person that is age 15, but
2		under age 20, to be a passenger in a vehicle operated by a
3		driver holding a graduated driver's license during the first 12
4		months the driver holds the license or until the driver reaches
5		the age of 18, whichever occurs sooner, if another passenger
6		under the age of 20 is present, excluding a sibling,
7		step-sibling, child, or step-child of the driver.
8		(i) No graduated driver's license shall be issued to any
9		applicant under the age of 18 years if the applicant has been
10		issued a traffic citation for which a disposition has not been
11		rendered at the time of application.
12		(Source: P.A. 97-229, eff. 7-28-11; 97-835, eff. 7-20-12;
13		98-168, eff. 1-1-14.)
14		(625 ILCS 5/6-408.5)
15		Sec. 6-408.5. Courses for students or high school dropouts;
16		limitation.
17		(a) No driver training school or driving training
18		instructor licensed under this Act may request a certificate of
19		completion from the Secretary of State as provided in Section
20		6-411 for any person who is enrolled as a student in any public
21		or non-public secondary school at the time such instruction is
22		to be provided, or who was so enrolled during the semester last
23		ended if that instruction is to be provided between semesters
24		or during the summer after the regular school term ends, unless
25		that student has received a passing grade in at least 8 courses

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1		during the 2 semesters last ending prior to requesting a
2		certificate of completion from the Secretary of State for the
3		student.
4		(b) No driver training school or driving training
5		instructor licensed under this Act may request a certificate of
6		completion from the Secretary of State as provided in Section
7		6-411 for any person who has dropped out of school and has not
8		yet attained the age of 18 years unless the driver training
9		school or driving training instructor has: 1) obtained written
10		documentation verifying the dropout's enrollment in a high
11		school equivalency testing GED or alternative education
12		program or has obtained a copy of the dropout's high school
13		equivalency GED certificate; 2) obtained verification that the
14		student prior to dropping out had received a passing grade in
15		at least 8 courses during the 2 previous semesters last ending
16		prior to requesting a certificate of completion; or 3) obtained
17		written consent from the dropout's parents or guardians and the
18		regional superintendent.
19		(c) Students shall be informed of the eligibility
20		requirements of this Act in writing at the time of
21		registration.
22		(d) The superintendent of schools of the school district in
23		which the student resides and attends school or in which the
24		student resides at the time he or she drops out of school (with
25		respect to a public high school student or a dropout from the
26		public high school) or the chief school administrator (with

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1		respect to a student who attends a non-public high school or a
2		dropout from a non-public high school) may waive the
3		requirements of this Section if the superintendent or chief
4		school administrator, as the case may be, deems it to be in the
5		best interests of the student or dropout. Before requesting a
6		certificate of completion from the Secretary of State for any
7		person who is enrolled as a student in any public or non-public
8		secondary school or who was so enrolled in the semester last
9		ending prior to the request for a certificate of completion
10		from the Secretary of State or who is of high school age, the
11		driver training school shall determine from the school district
12		in which that person resides or resided at the time of dropping
13		out of school, or from the chief administrator of the
14		non-public high school attended or last attended by such
15		person, as the case may be, that such person is not ineligible
16		to receive a certificate of completion under this Section.
17		(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
18		Section 130. The Unified Code of Corrections is amended by
19		changing Sections 3-3-8, 3-6-3, 3-6-8, 3-12-16, 5-5-3, 5-6-3,
20		5-6-3.1, 5-6-3.3, 5-6-3.4, 5-7-1, and 5-8-1.3 as follows:
21		(730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
22		Sec. 3-3-8. Length of parole, aftercare release, and
23		mandatory supervised release; discharge.)
24		(a) The length of parole for a person sentenced under the

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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1		rules and regulations for suspending or reducing the rate of
2		accumulation of sentence credit for specific rule violations,
3		during imprisonment. These rules and regulations shall provide
4		that no inmate may be penalized more than one year of sentence
5		credit for any one infraction.
6		When the Department seeks to revoke, suspend or reduce the
7		rate of accumulation of any sentence credits for an alleged
8		infraction of its rules, it shall bring charges therefor
9		against the prisoner sought to be so deprived of sentence
10		credits before the Prisoner Review Board as provided in
11		subparagraph (a)(4) of Section 3-3-2 of this Code, if the
12		amount of credit at issue exceeds 30 days or when during any 12
13		month period, the cumulative amount of credit revoked exceeds
14		30 days except where the infraction is committed or discovered
15		within 60 days of scheduled release. In those cases, the
16		Department of Corrections may revoke up to 30 days of sentence
17		credit. The Board may subsequently approve the revocation of
18		additional sentence credit, if the Department seeks to revoke
19		sentence credit in excess of 30 days. However, the Board shall
20		not be empowered to review the Department's decision with
21		respect to the loss of 30 days of sentence credit within any
22		calendar year for any prisoner or to increase any penalty
23		beyond the length requested by the Department.
24		The Director of the Department of Corrections, in
25		appropriate cases, may restore up to 30 days of sentence
26		credits which have been revoked, suspended or reduced. Any

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1		restoration of sentence credits in excess of 30 days shall be
2		subject to review by the Prisoner Review Board. However, the
3		Board may not restore sentence credit in excess of the amount
4		requested by the Director.
5		Nothing contained in this Section shall prohibit the
6		Prisoner Review Board from ordering, pursuant to Section
7		3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
8		sentence imposed by the court that was not served due to the
9		accumulation of sentence credit.
10		(d) If a lawsuit is filed by a prisoner in an Illinois or
11		federal court against the State, the Department of Corrections,
12		or the Prisoner Review Board, or against any of their officers
13		or employees, and the court makes a specific finding that a
14		pleading, motion, or other paper filed by the prisoner is
15		frivolous, the Department of Corrections shall conduct a
16		hearing to revoke up to 180 days of sentence credit by bringing
17		charges against the prisoner sought to be deprived of the
18		sentence credits before the Prisoner Review Board as provided
19		in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
20		prisoner has not accumulated 180 days of sentence credit at the
21		time of the finding, then the Prisoner Review Board may revoke
22		all sentence credit accumulated by the prisoner.
23		For purposes of this subsection (d):
24		(1) "Frivolous" means that a pleading, motion, or other
25		filing which purports to be a legal document filed by a
26		prisoner in his or her lawsuit meets any or all of the

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

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1		subsequent petition for post-conviction relief under
2		Article 122 of the Code of Criminal Procedure of 1963
3		whether filed with or without leave of court or a second or
4		subsequent petition for relief from judgment under Section
5		2-1401 of the Code of Civil Procedure.
6		(e) Nothing in Public Act 90-592 or 90-593 affects the
7		validity of Public Act 89-404.
8		(f) Whenever the Department is to release any inmate who
9		has been convicted of a violation of an order of protection
10		under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
11		the Criminal Code of 2012, earlier than it otherwise would
12		because of a grant of sentence credit, the Department, as a
13		condition of release, shall require that the person, upon
14		release, be placed under electronic surveillance as provided in
15		Section 5-8A-7 of this Code.
16		(Source: P.A. 96-860, eff. 1-15-10; 96-1110, eff. 7-19-10;
17		96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, eff.
18		7-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333,
19		eff. 8-12-11; 97-697, eff. 6-22-12; 97-990, eff. 1-1-13;
20		97-1150, eff. 1-25-13.)
21		(730 ILCS 5/3-6-8)
22		Sec. 3-6-8. High school equivalency testing General
23		Educational Development (GED) programs. The Department of
24		Corrections shall develop and establish a program in the Adult
25		Division designed to increase the number of committed persons

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

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

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

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

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

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

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

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

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

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

SB2729 Engrossed - 153 - LRB098 16125 NHT 51182 b
1		5-5-6 of this Code.
2		(5.1) In addition to any other penalties imposed, and
3		except as provided in paragraph (5.2) or (5.3), a person
4		convicted of violating subsection (c) of Section 11-907 of
5		the Illinois Vehicle Code shall have his or her driver's
6		license, permit, or privileges suspended for at least 90
7		days but not more than one year, if the violation resulted
8		in damage to the property of another person.
9		(5.2) In addition to any other penalties imposed, and
10		except as provided in paragraph (5.3), a person convicted
11		of violating subsection (c) of Section 11-907 of the
12		Illinois Vehicle Code shall have his or her driver's
13		license, permit, or privileges suspended for at least 180
14		days but not more than 2 years, if the violation resulted
15		in injury to another person.
16		(5.3) In addition to any other penalties imposed, a
17		person convicted of violating subsection (c) of Section
18		11-907 of the Illinois Vehicle Code shall have his or her
19		driver's license, permit, or privileges suspended for 2
20		years, if the violation resulted in the death of another
21		person.
22		(5.4) In addition to any other penalties imposed, a
23		person convicted of violating Section 3-707 of the Illinois
24		Vehicle Code shall have his or her driver's license,
25		permit, or privileges suspended for 3 months and until he
26		or she has paid a reinstatement fee of $100.

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

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

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

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1		court approved plan including but not limited to the
2		defendant's:
3		(i) removal from the household;
4		(ii) restricted contact with the victim;
5		(iii) continued financial support of the
6		family;
7		(iv) restitution for harm done to the victim;
8		and
9		(v) compliance with any other measures that
10		the court may deem appropriate; and
11		(2) the court orders the defendant to pay for the
12		victim's counseling services, to the extent that the court
13		finds, after considering the defendant's income and
14		assets, that the defendant is financially capable of paying
15		for such services, if the victim was under 18 years of age
16		at the time the offense was committed and requires
17		counseling as a result of the offense.
18		Probation may be revoked or modified pursuant to Section
19		5-6-4; except where the court determines at the hearing that
20		the defendant violated a condition of his or her probation
21		restricting contact with the victim or other family members or
22		commits another offense with the victim or other family
23		members, the court shall revoke the defendant's probation and
24		impose a term of imprisonment.
25		For the purposes of this Section, "family member" and
26		"victim" shall have the meanings ascribed to them in Section

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1		11-0.1 of the Criminal Code of 2012.
2		(f) (Blank).
3		(g) Whenever a defendant is convicted of an offense under
4		Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
5		11-14.3, 11-14.4 except for an offense that involves keeping a
6		place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
7		11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
8		12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
9		Criminal Code of 2012, the defendant shall undergo medical
10		testing to determine whether the defendant has any sexually
11		transmissible disease, including a test for infection with
12		human immunodeficiency virus (HIV) or any other identified
13		causative agent of acquired immunodeficiency syndrome (AIDS).
14		Any such medical test shall be performed only by appropriately
15		licensed medical practitioners and may include an analysis of
16		any bodily fluids as well as an examination of the defendant's
17		person. Except as otherwise provided by law, the results of
18		such test shall be kept strictly confidential by all medical
19		personnel involved in the testing and must be personally
20		delivered in a sealed envelope to the judge of the court in
21		which the conviction was entered for the judge's inspection in
22		camera. Acting in accordance with the best interests of the
23		victim and the public, the judge shall have the discretion to
24		determine to whom, if anyone, the results of the testing may be
25		revealed. The court shall notify the defendant of the test
26		results. The court shall also notify the victim if requested by

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

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

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1		12-16.2 of the Criminal Code of 1961 or the Criminal Code of
2		2012 against the defendant. The court shall order that the cost
3		of any such test shall be paid by the county and may be taxed as
4		costs against the convicted defendant.
5		(i) All fines and penalties imposed under this Section for
6		any violation of Chapters 3, 4, 6, and 11 of the Illinois
7		Vehicle Code, or a similar provision of a local ordinance, and
8		any violation of the Child Passenger Protection Act, or a
9		similar provision of a local ordinance, shall be collected and
10		disbursed by the circuit clerk as provided under Section 27.5
11		of the Clerks of Courts Act.
12		(j) In cases when prosecution for any violation of Section
13		11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
14		11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
15		11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
16		11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
17		12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
18		Code of 2012, any violation of the Illinois Controlled
19		Substances Act, any violation of the Cannabis Control Act, or
20		any violation of the Methamphetamine Control and Community
21		Protection Act results in conviction, a disposition of court
22		supervision, or an order of probation granted under Section 10
23		of the Cannabis Control Act, Section 410 of the Illinois
24		Controlled Substances Substance Act, or Section 70 of the
25		Methamphetamine Control and Community Protection Act of a
26		defendant, the court shall determine whether the defendant is

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

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

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

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

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1		or (iii) if the person is an addict or alcoholic, as defined in
2		the Alcoholism and Other Drug Abuse and Dependency Act, to a
3		substance or alcohol abuse program licensed under that Act.
4		(o) Whenever a person is convicted of a sex offense as
5		defined in Section 2 of the Sex Offender Registration Act, the
6		defendant's driver's license or permit shall be subject to
7		renewal on an annual basis in accordance with the provisions of
8		license renewal established by the Secretary of State.
9		(Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09;
10		96-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article
11		1, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065,
12		eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11;
13		97-159, eff. 7-21-11; 97-697, eff. 6-22-12; 97-917, eff.
14		8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,
15		eff. 1-25-13; revised 11-12-13.)
16		(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
17		Sec. 5-6-3. Conditions of Probation and of Conditional
18		Discharge.
19		(a) The conditions of probation and of conditional
20		discharge shall be that the person:
21		(1) not violate any criminal statute of any
22		jurisdiction;
23		(2) report to or appear in person before such person or
24		agency as directed by the court;
25		(3) refrain from possessing a firearm or other

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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1		the county is located shall establish reasonable fees for the
2		cost of maintenance, testing, and incidental expenses related
3		to the mandatory drug or alcohol testing, or both, and all
4		costs incidental to approved electronic monitoring, involved
5		in a successful probation program for the county. The
6		concurrence of the Chief Judge shall be in the form of an
7		administrative order. The fees shall be collected by the clerk
8		of the circuit court. The clerk of the circuit court shall pay
9		all moneys collected from these fees to the county treasurer
10		who shall use the moneys collected to defray the costs of drug
11		testing, alcohol testing, and electronic monitoring. The
12		county treasurer shall deposit the fees collected in the county
13		working cash fund under Section 6-27001 or Section 6-29002 of
14		the Counties Code, as the case may be.
15		(h) Jurisdiction over an offender may be transferred from
16		the sentencing court to the court of another circuit with the
17		concurrence of both courts. Further transfers or retransfers of
18		jurisdiction are also authorized in the same manner. The court
19		to which jurisdiction has been transferred shall have the same
20		powers as the sentencing court. The probation department within
21		the circuit to which jurisdiction has been transferred, or
22		which has agreed to provide supervision, may impose probation
23		fees upon receiving the transferred offender, as provided in
24		subsection (i). For all transfer cases, as defined in Section
25		9b of the Probation and Probation Officers Act, the probation
26		department from the original sentencing court shall retain all

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

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

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

SB2729 Engrossed - 186 - LRB098 16125 NHT 51182 b
1		(Source: P.A. 97-454, eff. 1-1-12; 97-560, eff. 1-1-12; 97-597,
2		eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1131, eff. 1-1-13;
3		97-1150, eff. 1-25-13; 98-575, eff. 1-1-14.)
4		(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
5		Sec. 5-6-3.1. Incidents and Conditions of Supervision.
6		(a) When a defendant is placed on supervision, the court
7		shall enter an order for supervision specifying the period of
8		such supervision, and shall defer further proceedings in the
9		case until the conclusion of the period.
10		(b) The period of supervision shall be reasonable under all
11		of the circumstances of the case, but may not be longer than 2
12		years, unless the defendant has failed to pay the assessment
13		required by Section 10.3 of the Cannabis Control Act, Section
14		411.2 of the Illinois Controlled Substances Act, or Section 80
15		of the Methamphetamine Control and Community Protection Act, in
16		which case the court may extend supervision beyond 2 years.
17		Additionally, the court shall order the defendant to perform no
18		less than 30 hours of community service and not more than 120
19		hours of community service, if community service is available
20		in the jurisdiction and is funded and approved by the county
21		board where the offense was committed, when the offense (1) was
22		related to or in furtherance of the criminal activities of an
23		organized gang or was motivated by the defendant's membership
24		in or allegiance to an organized gang; or (2) is a violation of
25		any Section of Article 24 of the Criminal Code of 1961 or the

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

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

SB2729 Engrossed - 189 - LRB098 16125 NHT 51182 b
1		(11) comply with the terms and conditions of an order
2		of protection issued by the court pursuant to the Illinois
3		Domestic Violence Act of 1986 or an order of protection
4		issued by the court of another state, tribe, or United
5		States territory. If the court has ordered the defendant to
6		make a report and appear in person under paragraph (1) of
7		this subsection, a copy of the order of protection shall be
8		transmitted to the person or agency so designated by the
9		court;
10		(12) reimburse any "local anti-crime program" as
11		defined in Section 7 of the Anti-Crime Advisory Council Act
12		for any reasonable expenses incurred by the program on the
13		offender's case, not to exceed the maximum amount of the
14		fine authorized for the offense for which the defendant was
15		sentenced;
16		(13) contribute a reasonable sum of money, not to
17		exceed the maximum amount of the fine authorized for the
18		offense for which the defendant was sentenced, (i) to a
19		"local anti-crime program", as defined in Section 7 of the
20		Anti-Crime Advisory Council Act, or (ii) for offenses under
21		the jurisdiction of the Department of Natural Resources, to
22		the fund established by the Department of Natural Resources
23		for the purchase of evidence for investigation purposes and
24		to conduct investigations as outlined in Section 805-105 of
25		the Department of Natural Resources (Conservation) Law;
26		(14) refrain from entering into a designated

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

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1		unless the offender is a parent or guardian of the person
2		under 18 years of age present in the home and no
3		non-familial minors are present, not participate in a
4		holiday event involving children under 18 years of age,
5		such as distributing candy or other items to children on
6		Halloween, wearing a Santa Claus costume on or preceding
7		Christmas, being employed as a department store Santa
8		Claus, or wearing an Easter Bunny costume on or preceding
9		Easter.
10		(d) The court shall defer entering any judgment on the
11		charges until the conclusion of the supervision.
12		(e) At the conclusion of the period of supervision, if the
13		court determines that the defendant has successfully complied
14		with all of the conditions of supervision, the court shall
15		discharge the defendant and enter a judgment dismissing the
16		charges.
17		(f) Discharge and dismissal upon a successful conclusion of
18		a disposition of supervision shall be deemed without
19		adjudication of guilt and shall not be termed a conviction for
20		purposes of disqualification or disabilities imposed by law
21		upon conviction of a crime. Two years after the discharge and
22		dismissal under this Section, unless the disposition of
23		supervision was for a violation of Sections 3-707, 3-708,
24		3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
25		similar provision of a local ordinance, or for a violation of
26		Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961

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

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

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

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

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1		otherwise mentally incapable of completing the educational or
2		vocational program.
3		(l) The court shall require a defendant placed on
4		supervision for possession of a substance prohibited by the
5		Cannabis Control Act, the Illinois Controlled Substances Act,
6		or the Methamphetamine Control and Community Protection Act
7		after a previous conviction or disposition of supervision for
8		possession of a substance prohibited by the Cannabis Control
9		Act, the Illinois Controlled Substances Act, or the
10		Methamphetamine Control and Community Protection Act or a
11		sentence of probation under Section 10 of the Cannabis Control
12		Act or Section 410 of the Illinois Controlled Substances Act
13		and after a finding by the court that the person is addicted,
14		to undergo treatment at a substance abuse program approved by
15		the court.
16		(m) The Secretary of State shall require anyone placed on
17		court supervision for a violation of Section 3-707 of the
18		Illinois Vehicle Code or a similar provision of a local
19		ordinance to give proof of his or her financial responsibility
20		as defined in Section 7-315 of the Illinois Vehicle Code. The
21		proof shall be maintained by the individual in a manner
22		satisfactory to the Secretary of State for a minimum period of
23		3 years after the date the proof is first filed. The proof
24		shall be limited to a single action per arrest and may not be
25		affected by any post-sentence disposition. The Secretary of
26		State shall suspend the driver's license of any person

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

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

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1		11-21 of the Criminal Code of 1961 or the Criminal Code of
2		2012, or any attempt to commit any of these offenses, committed
3		on or after the effective date of this amendatory Act of the
4		95th General Assembly shall:
5		(i) not access or use a computer or any other device
6		with Internet capability without the prior written
7		approval of the court, except in connection with the
8		offender's employment or search for employment with the
9		prior approval of the court;
10		(ii) submit to periodic unannounced examinations of
11		the offender's computer or any other device with Internet
12		capability by the offender's probation officer, a law
13		enforcement officer, or assigned computer or information
14		technology specialist, including the retrieval and copying
15		of all data from the computer or device and any internal or
16		external peripherals and removal of such information,
17		equipment, or device to conduct a more thorough inspection;
18		(iii) submit to the installation on the offender's
19		computer or device with Internet capability, at the
20		offender's expense, of one or more hardware or software
21		systems to monitor the Internet use; and
22		(iv) submit to any other appropriate restrictions
23		concerning the offender's use of or access to a computer or
24		any other device with Internet capability imposed by the
25		court.
26		(s) An offender placed on supervision for an offense that

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1		is a sex offense as defined in Section 2 of the Sex Offender
2		Registration Act that is committed on or after January 1, 2010
3		(the effective date of Public Act 96-362) that requires the
4		person to register as a sex offender under that Act, may not
5		knowingly use any computer scrub software on any computer that
6		the sex offender uses.
7		(t) An offender placed on supervision for a sex offense as
8		defined in the Sex Offender Registration Act committed on or
9		after January 1, 2010 (the effective date of Public Act 96-262)
10		shall refrain from accessing or using a social networking
11		website as defined in Section 17-0.5 of the Criminal Code of
12		2012.
13		(u) Jurisdiction over an offender may be transferred from
14		the sentencing court to the court of another circuit with the
15		concurrence of both courts. Further transfers or retransfers of
16		jurisdiction are also authorized in the same manner. The court
17		to which jurisdiction has been transferred shall have the same
18		powers as the sentencing court. The probation department within
19		the circuit to which jurisdiction has been transferred may
20		impose probation fees upon receiving the transferred offender,
21		as provided in subsection (i). The probation department from
22		the original sentencing court shall retain all probation fees
23		collected prior to the transfer.
24		(Source: P.A. 96-262, eff. 1-1-10; 96-362, eff. 1-1-10; 96-409,
25		eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1414, eff. 1-1-11;
26		96-1551, Article 2, Section 1065, eff. 7-1-11; 96-1551, Article

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

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1		was inflicted or where force was used against any person or
2		threatened against any person, any offense involving sexual
3		conduct, sexual penetration, or sexual exploitation, any
4		offense of domestic violence, domestic battery, violation of an
5		order of protection, stalking, hate crime, driving under the
6		influence of drugs or alcohol, and any offense involving the
7		possession of a firearm or dangerous weapon. A defendant shall
8		not be eligible for this Program if he or she has previously
9		been adjudicated a delinquent minor for the commission of a
10		violent offense as defined in this subsection.
11		(b) When a defendant is placed in the Program, after both
12		the defendant and State's Attorney waive preliminary hearing
13		pursuant to Section 109-3 of the Code of Criminal Procedure of
14		1963, the court shall enter an order specifying that the
15		proceedings shall be suspended while the defendant is
16		participating in a Program of not less 12 months.
17		(c) The conditions of the Program shall be that the
18		defendant:
19		(1) not violate any criminal statute of this State or
20		any other jurisdiction;
21		(2) refrain from possessing a firearm or other
22		dangerous weapon;
23		(3) make full restitution to the victim or property
24		owner pursuant to Section 5-5-6 of this Code;
25		(4) obtain employment or perform not less than 30 hours
26		of community service, provided community service is

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

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

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1		of any other state, or the laws of the United States, including
2		probation under Section 410 of the Illinois Controlled
3		Substances Act, Section 70 of the Methamphetamine Control and
4		Community Protection Act, Section 10 of the Cannabis Control
5		Act, subsection (c) of Section 11-14 of the Criminal Code of
6		2012, Treatment Alternatives for Criminal Justice Clients
7		(TASC) under Article 40 of the Alcoholism and Other Drug Abuse
8		and Dependency Act, or prior successful completion of the
9		Offender Initiative Program under Section 5-6-3.3 of this Code,
10		and pleads guilty to, or is found guilty of, a probationable
11		felony offense of possession of a controlled substance that is
12		punishable as a Class 4 felony; possession of methamphetamine
13		that is punishable as a Class 4 felony; theft that is
14		punishable as a Class 3 felony based on the value of the
15		property or punishable as a Class 4 felony if the theft was
16		committed in a school or place of worship or if the theft was
17		of governmental property; retail theft that is punishable as a
18		Class 3 felony based on the value of the property; criminal
19		damage to property that is punishable as a Class 4 felony;
20		criminal damage to government supported property that is
21		punishable as a Class 4 felony; or possession of cannabis which
22		is punishable as a Class 4 felony, the court, with the consent
23		of the defendant and the State's Attorney, may, without
24		entering a judgment, sentence the defendant to probation under
25		this Section.
26		(a-1) Exemptions. A defendant is not eligible for this

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

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

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

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1		Dependency Act, the Offender Initiative Program under Section
2		5-6-3.3 of this Code, and subsection (c) of Section 11-14 of
3		the Criminal Code of 2012 with respect to any person.
4		(i) If a person is convicted of any offense which occurred
5		within 5 years subsequent to a discharge and dismissal under
6		this Section, the discharge and dismissal under this Section
7		shall be admissible in the sentencing proceeding for that
8		conviction as evidence in aggravation.
9		(Source: P.A. 98-164, eff. 1-1-14.)
10		(730 ILCS 5/5-7-1) (from Ch. 38, par. 1005-7-1)
11		Sec. 5-7-1. Sentence of Periodic Imprisonment.
12		(a) A sentence of periodic imprisonment is a sentence of
13		imprisonment during which the committed person may be released
14		for periods of time during the day or night or for periods of
15		days, or both, or if convicted of a felony, other than first
16		degree murder, a Class X or Class 1 felony, committed to any
17		county, municipal, or regional correctional or detention
18		institution or facility in this State for such periods of time
19		as the court may direct. Unless the court orders otherwise, the
20		particular times and conditions of release shall be determined
21		by the Department of Corrections, the sheriff, or the
22		Superintendent of the house of corrections, who is
23		administering the program.
24		(b) A sentence of periodic imprisonment may be imposed to
25		permit the defendant to:

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1		(1) seek employment;
2		(2) work;
3		(3) conduct a business or other self-employed
4		occupation including housekeeping;
5		(4) attend to family needs;
6		(5) attend an educational institution, including
7		vocational education;
8		(6) obtain medical or psychological treatment;
9		(7) perform work duties at a county, municipal, or
10		regional correctional or detention institution or
11		facility;
12		(8) continue to reside at home with or without
13		supervision involving the use of an approved electronic
14		monitoring device, subject to Article 8A of Chapter V; or
15		(9) for any other purpose determined by the court.
16		(c) Except where prohibited by other provisions of this
17		Code, the court may impose a sentence of periodic imprisonment
18		for a felony or misdemeanor on a person who is 17 years of age
19		or older. The court shall not impose a sentence of periodic
20		imprisonment if it imposes a sentence of imprisonment upon the
21		defendant in excess of 90 days.
22		(d) A sentence of periodic imprisonment shall be for a
23		definite term of from 3 to 4 years for a Class 1 felony, 18 to
24		30 months for a Class 2 felony, and up to 18 months, or the
25		longest sentence of imprisonment that could be imposed for the
26		offense, whichever is less, for all other offenses; however, no

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

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

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1		6-27001 or Section 6-29002 of the Counties Code, as the case
2		may be.
3		(h) All fees and costs imposed under this Section for any
4		violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
5		Code, or a similar provision of a local ordinance, and any
6		violation of the Child Passenger Protection Act, or a similar
7		provision of a local ordinance, shall be collected and
8		disbursed by the circuit clerk as provided under Section 27.5
9		of the Clerks of Courts Act.
10		(i) A defendant at least 17 years of age who is convicted
11		of a misdemeanor or felony in a county of 3,000,000 or more
12		inhabitants and who has not been previously convicted of a
13		misdemeanor or a felony and who is sentenced to a term of
14		periodic imprisonment may as a condition of his or her sentence
15		be required by the court to attend educational courses designed
16		to prepare the defendant for a high school diploma and to work
17		toward receiving a high school diploma or to work toward
18		passing high school equivalency testing the high school level
19		Test of General Educational Development (GED) or to work toward
20		completing a vocational training program approved by the court.
21		The defendant sentenced to periodic imprisonment must attend a
22		public institution of education to obtain the educational or
23		vocational training required by this subsection (i). The
24		defendant sentenced to a term of periodic imprisonment shall be
25		required to pay for the cost of the educational courses or high
26		school equivalency testing GED test, if a fee is charged for

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

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

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

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1		in the program under the terms and conditions of the
2		program. The Department of Corrections may consider
3		whether space is available.
4		(d) The program may include a substance abuse treatment
5		program designed for women offenders, mental health, trauma,
6		and medical treatment; parenting skills and family
7		relationship counseling, preparation for a high school
8		equivalency GED or vocational certificate; life skills
9		program; job readiness and job skill training, and a community
10		transition development plan.
11		(e) With the approval of the Department of Corrections, the
12		sheriff shall issue requirements for the program and inform the
13		participants who shall sign an agreement to adhere to all rules
14		and all requirements for the pilot residential and transition
15		treatment program.
16		(f) Participation in the pilot residential and transition
17		treatment program for women shall be for a period not to exceed
18		12 months. The period may not be reduced by accumulation of
19		good time.
20		(g) If the woman successfully completes the pilot
21		residential and transition treatment program for women, the
22		sheriff shall notify the Department of Corrections, the court,
23		and the State's Attorney of the county of the woman's
24		successful completion.
25		(h) A woman may be removed from the pilot residential and
26		transition treatment program for women for violation of the

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1		terms and conditions of the program or in the event she is
2		unable to participate. The failure to complete the program
3		shall be deemed a violation of the conditions of the program.
4		The sheriff shall give notice to the Department of Corrections,
5		the court, and the State's Attorney of the woman's failure to
6		complete the program. The Department of Corrections or its
7		designee shall file a petition alleging that the woman has
8		violated the conditions of the program with the court. The
9		State's Attorney may proceed on the petition under Section
10		5-4-1 of this Code.
11		(i) The conditions of the pilot residential and transition
12		treatment program for women shall include that the woman while
13		in the program:
14		(1) not violate any criminal statute of any
15		jurisdiction;
16		(2) report or appear in person before any person or
17		agency as directed by the court, the sheriff, or Department
18		of Corrections;
19		(3) refrain from possessing a firearm or other
20		dangerous weapon;
21		(4) consent to drug testing;
22		(5) not leave the State without the consent of the
23		court or, in circumstances in which reason for the absence
24		is of such an emergency nature that prior consent by the
25		court is not possible, without prior notification and
26		approval of the Department of Corrections;

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1		(6) upon placement in the program, must agree to follow
2		all requirements of the program.
3		(j) The Department of Corrections or the sheriff may
4		terminate the program at any time by mutual agreement or with
5		30 days prior written notice by either the Department of
6		Corrections or the sheriff.
7		(k) The Department of Corrections may enter into a joint
8		contract with a county with more than 3,000,000 inhabitants to
9		establish and operate a pilot residential and treatment program
10		for women.
11		(l) The Director of the Department of Corrections shall
12		have the authority to develop rules to establish and operate a
13		pilot residential and treatment program for women that shall
14		include criteria for selection of the participants of the
15		program in conjunction and approval by the sentencing court.
16		Violent crime offenders are not eligible to participate in the
17		program.
18		(m) The Department shall report to the Governor and the
19		General Assembly before September 30th of each year on the
20		pilot residential and treatment program for women, including
21		the composition of the program by offenders, sentence, age,
22		offense, and race. Reporting is only required if the pilot
23		residential and treatment program for women is operational.
24		(n) The Department of Corrections or the sheriff may
25		terminate the program with 30 days prior written notice.
26		(o) A county with more than 3,000,000 inhabitants is

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1		authorized to apply for funding from federal, local or private
2		entities to create a Residential and Treatment Program for
3		Women. This sentencing option may not go into effect until the
4		funding is secured for the program and the program has been
5		established.
6		(Source: P.A. 97-800, eff. 7-13-12.)
7		Section 995. No acceleration or delay. Where this Act makes
8		changes in a statute that is represented in this Act by text
9		that is not yet or no longer in effect (for example, a Section
10		represented by multiple versions), the use of that text does
11		not accelerate or delay the taking effect of (i) the changes
12		made by this Act or (ii) provisions derived from any other
13		Public Act.
SB2729 Engrossed - 221 - LRB098 16125 NHT 51182 b 1 INDEX 2 Statutes amended in order of appearance 3 20 ILCS 415/8c from Ch. 127, par. 63b108c 4 20 ILCS 505/8 from Ch. 23, par. 5008 5 20 ILCS 1315/25 6 20 ILCS 1510/30 7 20 ILCS 1705/15.4 8 20 ILCS 3970/3 from Ch. 127, par. 3833 9 105 ILCS 5/2-3.66 from Ch. 122, par. 2-3.66 10 105 ILCS 5/3-15.12 from Ch. 122, par. 3-15.12 11 105 ILCS 5/10-22.20 from Ch. 122, par. 10-22.20 12 105 ILCS 5/13-40 from Ch. 122, par. 13-40 13 105 ILCS 5/13B-20.20 14 105 ILCS 5/13B-30.15 15 105 ILCS 5/13B-85 16 105 ILCS 5/26-2 from Ch. 122, par. 26-2 17 105 ILCS 5/26-16 18 105 ILCS 405/3-1 from Ch. 122, par. 203-1 19 110 ILCS 305/8 from Ch. 144, par. 29 20 110 ILCS 520/8e from Ch. 144, par. 658e 21 110 ILCS 660/5-85 22 110 ILCS 665/10-85 23 110 ILCS 670/15-85 24 110 ILCS 675/20-85 25 110 ILCS 680/25-85 SB2729 Engrossed - 222 - LRB098 16125 NHT 51182 b