Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1733 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1733 Introduced 2/5/2025, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED: See Index Amends the Election Code. Provides that, beginning on January 1, 2026, a person convicted of a felony, or otherwise under sentence in a correctional institution, shall have his or her right to vote restored and shall be eligible to vote not later than 14 days following his or her conviction. Provides that a person who is serving a sentence in a correctional institution starting prior to January 1, 2026 shall have his or her right to vote restored not later than January 14, 2026. Provides that a person may not be denied the right to vote because of a past criminal conviction. Provides that each local election authority shall coordinate with the correctional institution, Illinois Department of Corrections, and other correctional agencies incarcerating eligible voters to facilitate voting by mail for those voters eligible to vote in that election jurisdiction who are incarcerated in the correctional institution. Provides that the Attorney General, any individual aggrieved by a violation of these provisions, any entity whose membership includes individuals aggrieved by a violation of these provisions, any entity whose mission would be frustrated by a violation of these provisions, or any entity that would expend resources in order to fulfill its mission as a result of a violation of these provisions may file an action in a court of competent jurisdiction. Provides that the Act is intended to benefit and protect the rights of individual voters and to provide a remedy for infringing on the rights granted under this Act. Amends the Re-Entering Citizens Civics Education Act. Changes the short title of the Act to the Reintegration and Civic Empowerment Act. Provides that the Department of Corrections shall conduct the civics peer education program each of the 3 sessions not less than twice a month at each correctional institution totaling not less than 6 sessions per month at each correctional institution. Provides that the civics peer education program and workshops must be made available to all committed persons regardless of the date they were first committed or the length of their sentence. Amends the Illinois Administrative Procedure Act and the Unified Code of Corrections to make conforming changes. Effective January 1, 2026. LRB104 11979 SPS 22073 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1733 Introduced 2/5/2025, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED: See Index See Index Amends the Election Code. Provides that, beginning on January 1, 2026, a person convicted of a felony, or otherwise under sentence in a correctional institution, shall have his or her right to vote restored and shall be eligible to vote not later than 14 days following his or her conviction. Provides that a person who is serving a sentence in a correctional institution starting prior to January 1, 2026 shall have his or her right to vote restored not later than January 14, 2026. Provides that a person may not be denied the right to vote because of a past criminal conviction. Provides that each local election authority shall coordinate with the correctional institution, Illinois Department of Corrections, and other correctional agencies incarcerating eligible voters to facilitate voting by mail for those voters eligible to vote in that election jurisdiction who are incarcerated in the correctional institution. Provides that the Attorney General, any individual aggrieved by a violation of these provisions, any entity whose membership includes individuals aggrieved by a violation of these provisions, any entity whose mission would be frustrated by a violation of these provisions, or any entity that would expend resources in order to fulfill its mission as a result of a violation of these provisions may file an action in a court of competent jurisdiction. Provides that the Act is intended to benefit and protect the rights of individual voters and to provide a remedy for infringing on the rights granted under this Act. Amends the Re-Entering Citizens Civics Education Act. Changes the short title of the Act to the Reintegration and Civic Empowerment Act. Provides that the Department of Corrections shall conduct the civics peer education program each of the 3 sessions not less than twice a month at each correctional institution totaling not less than 6 sessions per month at each correctional institution. Provides that the civics peer education program and workshops must be made available to all committed persons regardless of the date they were first committed or the length of their sentence. Amends the Illinois Administrative Procedure Act and the Unified Code of Corrections to make conforming changes. Effective January 1, 2026. LRB104 11979 SPS 22073 b LRB104 11979 SPS 22073 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1733 Introduced 2/5/2025, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Election Code. Provides that, beginning on January 1, 2026, a person convicted of a felony, or otherwise under sentence in a correctional institution, shall have his or her right to vote restored and shall be eligible to vote not later than 14 days following his or her conviction. Provides that a person who is serving a sentence in a correctional institution starting prior to January 1, 2026 shall have his or her right to vote restored not later than January 14, 2026. Provides that a person may not be denied the right to vote because of a past criminal conviction. Provides that each local election authority shall coordinate with the correctional institution, Illinois Department of Corrections, and other correctional agencies incarcerating eligible voters to facilitate voting by mail for those voters eligible to vote in that election jurisdiction who are incarcerated in the correctional institution. Provides that the Attorney General, any individual aggrieved by a violation of these provisions, any entity whose membership includes individuals aggrieved by a violation of these provisions, any entity whose mission would be frustrated by a violation of these provisions, or any entity that would expend resources in order to fulfill its mission as a result of a violation of these provisions may file an action in a court of competent jurisdiction. Provides that the Act is intended to benefit and protect the rights of individual voters and to provide a remedy for infringing on the rights granted under this Act. Amends the Re-Entering Citizens Civics Education Act. Changes the short title of the Act to the Reintegration and Civic Empowerment Act. Provides that the Department of Corrections shall conduct the civics peer education program each of the 3 sessions not less than twice a month at each correctional institution totaling not less than 6 sessions per month at each correctional institution. Provides that the civics peer education program and workshops must be made available to all committed persons regardless of the date they were first committed or the length of their sentence. Amends the Illinois Administrative Procedure Act and the Unified Code of Corrections to make conforming changes. Effective January 1, 2026.
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11	11	1 AN ACT concerning voting rights.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Illinois Administrative Procedure Act is
15	15	5 amended by adding Section 5-45.34 as follows:
16	16	6 (5 ILCS 100/5-45.34 new)
17	17	7 Sec. 5-45.34. Emergency rulemaking. To provide for the
18	18	8 expeditious and timely implementation of the changes made to
19	19	9 the Election Code and the Unified Code of Corrections by this
20	20	10 amendatory Act of the 104th General Assembly, emergency rules
21	21	11 implementing those changes may be adopted in accordance with
22	22	12 Section 5-45 by the State Board of Elections, except that the
23	23	13 24-month limitation on the adoption of emergency rules and the
24	24	14 provisions of Sections 5-115 and 5-125 do not apply to rules
25	25	15 adopted under this Section. The adoption of emergency rules
26	26	16 authorized by Section 5-45 and this Section is deemed to be
27	27	17 necessary for the public interest, safety, and welfare.
28	28	18 This Section is repealed one year after the effective date
29	29	19 of this amendatory Act of the 104th General Assembly.
30	30	20 Section 10. The Election Code is amended by changing
31	31	21 Sections 3-5 and 19-2.5 and by adding Sections 1-26, 1-27, and
32	32	22 1-28 as follows:
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36	36	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1733 Introduced 2/5/2025, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED:
37	37	See Index See Index
38	38	See Index
39	39	Amends the Election Code. Provides that, beginning on January 1, 2026, a person convicted of a felony, or otherwise under sentence in a correctional institution, shall have his or her right to vote restored and shall be eligible to vote not later than 14 days following his or her conviction. Provides that a person who is serving a sentence in a correctional institution starting prior to January 1, 2026 shall have his or her right to vote restored not later than January 14, 2026. Provides that a person may not be denied the right to vote because of a past criminal conviction. Provides that each local election authority shall coordinate with the correctional institution, Illinois Department of Corrections, and other correctional agencies incarcerating eligible voters to facilitate voting by mail for those voters eligible to vote in that election jurisdiction who are incarcerated in the correctional institution. Provides that the Attorney General, any individual aggrieved by a violation of these provisions, any entity whose membership includes individuals aggrieved by a violation of these provisions, any entity whose mission would be frustrated by a violation of these provisions, or any entity that would expend resources in order to fulfill its mission as a result of a violation of these provisions may file an action in a court of competent jurisdiction. Provides that the Act is intended to benefit and protect the rights of individual voters and to provide a remedy for infringing on the rights granted under this Act. Amends the Re-Entering Citizens Civics Education Act. Changes the short title of the Act to the Reintegration and Civic Empowerment Act. Provides that the Department of Corrections shall conduct the civics peer education program each of the 3 sessions not less than twice a month at each correctional institution totaling not less than 6 sessions per month at each correctional institution. Provides that the civics peer education program and workshops must be made available to all committed persons regardless of the date they were first committed or the length of their sentence. Amends the Illinois Administrative Procedure Act and the Unified Code of Corrections to make conforming changes. Effective January 1, 2026.
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42	42	A BILL FOR
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67	67	1 (10 ILCS 5/1-26 new)
68	68	2 Sec. 1-26. Post-conviction voting.
69	69	3 (a) As used in this Section, "correctional institution"
70	70	4 means any place used to house persons under State supervision,
71	71	5 including, but not limited to, State, federal, or juvenile
72	72	6 facilities, adult transition centers, halfway houses, and
73	73	7 other reentry or rehabilitation programs.
74	74	8 (b) Beginning on January 1, 2026, a person convicted of a
75	75	9 felony, or otherwise under sentence in a correctional
76	76	10 institution, shall have his or her right to vote restored and
77	77	11 shall be eligible to vote not later than 14 days following his
78	78	12 or her conviction. A person who is serving a sentence in a
79	79	13 correctional institution starting prior to January 1, 2026
80	80	14 shall have his or her right to vote restored not later than
81	81	15 January 14, 2026. Persons under any form of state supervision
82	82	16 or custody who are disqualified from voting shall have their
83	83	17 right to vote restored under this Section, including, but not
84	84	18 limited to: persons incarcerated in State, federal, or
85	85	19 juvenile facilities; persons on probation or parole; persons
86	86	20 on mandatory supervised release; persons on work release;
87	87	21 persons on furlough; persons released on electronic
88	88	22 monitoring; persons housed in adult transition centers,
89	89	23 halfway houses, or other reentry or rehabilitation programs;
90	90	24 and persons owing court fines or fees. A Person may not be
91	91	25 denied the right to vote because of a past criminal
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102	102	1 conviction.
103	103	2 (c) Each local election authority shall coordinate with
104	104	3 the correctional institution, Illinois Department of
105	105	4 Corrections, and other correctional agencies incarcerating
106	106	5 eligible voters to facilitate voting by mail for those voters
107	107	6 eligible to vote in that election jurisdiction who are
108	108	7 incarcerated in the correctional institution.
109	109	8 (d) All requirements of the federal Voting Rights Act of
110	110	9 1965, including Sections 203 and 208, State and local language
111	111	10 access requirements, and the federal Americans with
112	112	11 Disabilities Act and State and local disability access
113	113	12 requirements shall also apply to voting under this Section.
114	114	13 The correctional institution shall make available to persons
115	115	14 in its custody voter registration applications, vote by mail
116	116	15 ballot applications, vote by mail ballots received at the
117	117	16 institution from the local election authority, and other
118	118	17 election materials in the languages provided by the State
119	119	18 Board of Elections and local election authorities.
120	120	19 (e) The correctional institution shall make available to a
121	121	20 person in its custody current election resource material,
122	122	21 maintained by the State Board of Elections, containing
123	123	22 detailed information regarding the voting rights of a person
124	124	23 with a criminal conviction in the following formats: (1) in
125	125	24 print; (2) on the correctional institution's website; and (3)
126	126	25 in a visible location on the premises of each correctional
127	127	26 institution where notices are customarily posted. The
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138	138	1 correctional institution shall also make available to a person
139	139	2 in its custody current election resource material from a local
140	140	3 election authority that is requested by that person in its
141	141	4 custody and received at the correctional institution from the
142	142	5 local election authority in response to that person's request.
143	143	6 The correctional institution shall provide resource materials
144	144	7 to a person in its custody upon intake and release of the
145	145	8 person on parole, mandatory supervised release, final
146	146	9 discharge, or pardon from the correctional institution.
147	147	10 (f) On or before December 31, 2026, and on or before
148	148	11 December 31 of each year thereafter, the State Board of
149	149	12 Elections, in coordination and cooperation with correctional
150	150	13 institutions and local election authorities, shall prepare a
151	151	14 report containing data concerning compliance with this
152	152	15 Section, including the number of voter registrations, vote by
153	153	16 mail ballot applications, vote by mail ballots received, and
154	154	17 election resource materials delivered. Data shall be
155	155	18 disaggregated by institution and other factors.
156	156	19 (g) A person who has left the person's residence as part of
157	157	20 the person's confinement in a correctional institution and who
158	158	21 has not established another residence for voter registration
159	159	22 purposes may not be considered to have changed or lost
160	160	23 residence. The person may register to vote at the address of
161	161	24 the person's last place of residence before the person's
162	162	25 confinement in a correctional institution.
163	163	26 (h) The provisions of this Section apply to all elections
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174	174	1 beginning in 2026.
175	175	2 (i) The State Board of Elections may adopt rules,
176	176	3 including emergency rules, to implement the provisions of this
177	177	4 Section.
178	178	5 (10 ILCS 5/1-27 new)
179	179	6 Sec. 1-27. Civil actions.
180	180	The Attorney General, any
181	181	7 individual aggrieved by a violation of Section 1-26, any
182	182	8 entity whose membership includes individuals aggrieved by a
183	183	9 violation of Section 1-26, any entity whose mission would be
184	184	10 frustrated by a violation of Section 1-26, or any entity that
185	185	11 would expend resources in order to fulfill its mission as a
186	186	12 result of a violation of Section 1-26 may file an action in a
187	187	13 court of competent jurisdiction. This Act is intended to
188	188	14 benefit and protect the rights of individual voters and to
189	189	15 provide a remedy for infringing on the rights granted under
190	190	16 this Act.
191	191	17 (10 ILCS 5/1-28 new)
192	192	18 Sec. 1-28. Attorney's fees. Upon motion, a court shall
193	193	19 award reasonable attorney's fees and costs, including expert
194	194	20 witness fees and other litigation expenses, to a plaintiff in
195	195	21 any action brought under Section 1-27:
196	196	22 (1) who obtains some or all of the plaintiff's
197	197	23 requested relief through a judicial judgment in the
198	198	24 plaintiff's favor;
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209	209	1 (2) who obtains some or all of their requested relief
210	210	2 through any settlement agreement approved by the court; or
211	211	3 (3) whose pursuit of a nonfrivolous claim was a
212	212	4 catalyst for a unilateral change in position by the
213	213	5 opposing party relative to the relief sought. In awarding
214	214	6 reasonable attorney's fees, the court shall consider the
215	215	7 degree to which the relief obtained relates to the relief
216	216	8 sought.
217	217	9 (10 ILCS 5/3-5) (from Ch. 46, par. 3-5)
218	218	10 Sec. 3-5. Confinement or detention in a jail. No person
219	219	11 who has been legally convicted, in this or another state or in
220	220	12 any federal court, of any crime, and is serving a sentence of
221	221	13 confinement in any penal institution, or who has been
222	222	14 convicted under any Section of this Code and is serving a
223	223	15 sentence of confinement in any penal institution, shall vote,
224	224	16 offer to vote, attempt to vote or be permitted to vote at any
225	225	17 election until his release from confinement.
226	226	18 Confinement for purposes of this Section shall include any
227	227	19 person convicted and imprisoned but granted a furlough as
228	228	20 provided by Section 3-11-1 of the Unified Code of Corrections,
229	229	21 or admitted to a work release program as provided by Section
230	230	22 3-13-2 of the Unified Code of Corrections. Confinement shall
231	231	23 not include any person convicted and imprisoned but released
232	232	24 on parole.
233	233	25 Confinement or detention in a jail pending acquittal or
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244	244	1 conviction of a crime is not a disqualification for voting.
245	245	2 (Source: P.A. 100-863, eff. 8-14-18.)
246	246	3 (10 ILCS 5/19-2.5)
247	247	4 Sec. 19-2.5. Notice for vote by mail ballot.
248	248	5 (a) An election authority shall notify all qualified
249	249	6 voters, except voters who have applied for permanent vote by
250	250	7 mail status under subsection (b) of Section 19-3 or voters who
251	251	8 submit a written request to be excluded from the permanent
252	252	9 vote by mail status, not more than 90 days nor less than 45
253	253	10 days before a general election of the option for permanent
254	254	11 vote by mail status using the following notice and including
255	255	12 the application for permanent vote by mail status in
256	256	13 subsection (b) of Section 19-3:
257	257	14 "You may apply to permanently be placed on vote by mail
258	258	15 status using the attached application.".
259	259	16 (b) A person completing a voter registration application
260	260	17 or submitting a change of address shall be notified of the
261	261	18 option to receive a vote by mail ballot. Upon request of the
262	262	19 person, the voter registration application or change of
263	263	20 address form shall serve as an application to receive an
264	264	21 official vote by mail ballot, and the individual need not
265	265	22 complete a separate vote by mail application. An elector who
266	266	23 is a resident of a location covered by Section 203 of the
267	267	24 federal Voting Rights Act of 1965 or local language access
268	268	25 requirements must be offered a voter registration application
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279	279	1 in a language of the applicable minority group and must be able
280	280	2 to request a vote by mail ballot in the language of the
281	281	3 applicable minority group. Upon processing the voter
282	282	4 registration application and accepting the application without
283	283	5 rejection, the election authority shall provide the individual
284	284	6 with an official vote by mail ballot for the next occurring
285	285	7 election.
286	286	8 (Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21;
287	287	9 103-467, eff. 8-4-23.)
288	288	10 Section 15. The Unified Code of Corrections is amended by
289	289	11 changing Sections 3-6-3, 3-14-1, and 5-5-5 and by adding
290	290	12 Sections 5-5-11 and 5-5-12 as follows:
291	291	13 (730 ILCS 5/3-6-3)
292	292	14 Sec. 3-6-3. Rules and regulations for sentence credit.
293	293	15 (a)(1) The Department of Corrections shall prescribe rules
294	294	16 and regulations for awarding and revoking sentence credit for
295	295	17 persons committed to the Department of Corrections and the
296	296	18 Department of Juvenile Justice shall prescribe rules and
297	297	19 regulations for awarding and revoking sentence credit for
298	298	20 persons committed to the Department of Juvenile Justice under
299	299	21 Section 5-8-6 of the Unified Code of Corrections, which shall
300	300	22 be subject to review by the Prisoner Review Board.
301	301	23 (1.5) As otherwise provided by law, sentence credit may be
302	302	24 awarded for the following:
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313	313	1 (A) successful completion of programming while in
314	314	2 custody of the Department of Corrections or the Department
315	315	3 of Juvenile Justice or while in custody prior to
316	316	4 sentencing;
317	317	5 (B) compliance with the rules and regulations of the
318	318	6 Department; or
319	319	7 (C) service to the institution, service to a
320	320	8 community, or service to the State.
321	321	9 (2) Except as provided in paragraph (4.7) of this
322	322	10 subsection (a), the rules and regulations on sentence credit
323	323	11 shall provide, with respect to offenses listed in clause (i),
324	324	12 (ii), or (iii) of this paragraph (2) committed on or after June
325	325	13 19, 1998 or with respect to the offense listed in clause (iv)
326	326	14 of this paragraph (2) committed on or after June 23, 2005 (the
327	327	15 effective date of Public Act 94-71) or with respect to offense
328	328	16 listed in clause (vi) committed on or after June 1, 2008 (the
329	329	17 effective date of Public Act 95-625) or with respect to the
330	330	18 offense of unlawful possession of a firearm by a repeat felony
331	331	19 offender committed on or after August 2, 2005 (the effective
332	332	20 date of Public Act 94-398) or with respect to the offenses
333	333	21 listed in clause (v) of this paragraph (2) committed on or
334	334	22 after August 13, 2007 (the effective date of Public Act
335	335	23 95-134) or with respect to the offense of aggravated domestic
336	336	24 battery committed on or after July 23, 2010 (the effective
337	337	25 date of Public Act 96-1224) or with respect to the offense of
338	338	26 attempt to commit terrorism committed on or after January 1,
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349	349	1 2013 (the effective date of Public Act 97-990), the following:
350	350	2 (i) that a prisoner who is serving a term of
351	351	3 imprisonment for first degree murder or for the offense of
352	352	4 terrorism shall receive no sentence credit and shall serve
353	353	5 the entire sentence imposed by the court;
354	354	6 (ii) that a prisoner serving a sentence for attempt to
355	355	7 commit terrorism, attempt to commit first degree murder,
356	356	8 solicitation of murder, solicitation of murder for hire,
357	357	9 intentional homicide of an unborn child, predatory
358	358	10 criminal sexual assault of a child, aggravated criminal
359	359	11 sexual assault, criminal sexual assault, aggravated
360	360	12 kidnapping, aggravated battery with a firearm as described
361	361	13 in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
362	362	14 or (e)(4) of Section 12-3.05, heinous battery as described
363	363	15 in Section 12-4.1 or subdivision (a)(2) of Section
364	364	16 12-3.05, unlawful possession of a firearm by a repeat
365	365	17 felony offender, aggravated battery of a senior citizen as
366	366	18 described in Section 12-4.6 or subdivision (a)(4) of
367	367	19 Section 12-3.05, or aggravated battery of a child as
368	368	20 described in Section 12-4.3 or subdivision (b)(1) of
369	369	21 Section 12-3.05 shall receive no more than 4.5 days of
370	370	22 sentence credit for each month of his or her sentence of
371	371	23 imprisonment;
372	372	24 (iii) that a prisoner serving a sentence for home
373	373	25 invasion, armed robbery, aggravated vehicular hijacking,
374	374	26 aggravated discharge of a firearm, or armed violence with
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385	385	1 a category I weapon or category II weapon, when the court
386	386	2 has made and entered a finding, pursuant to subsection
387	387	3 (c-1) of Section 5-4-1 of this Code, that the conduct
388	388	4 leading to conviction for the enumerated offense resulted
389	389	5 in great bodily harm to a victim, shall receive no more
390	390	6 than 4.5 days of sentence credit for each month of his or
391	391	7 her sentence of imprisonment;
392	392	8 (iv) that a prisoner serving a sentence for aggravated
393	393	9 discharge of a firearm, whether or not the conduct leading
394	394	10 to conviction for the offense resulted in great bodily
395	395	11 harm to the victim, shall receive no more than 4.5 days of
396	396	12 sentence credit for each month of his or her sentence of
397	397	13 imprisonment;
398	398	14 (v) that a person serving a sentence for gunrunning,
399	399	15 narcotics racketeering, controlled substance trafficking,
400	400	16 methamphetamine trafficking, drug-induced homicide,
401	401	17 aggravated methamphetamine-related child endangerment,
402	402	18 money laundering pursuant to clause (c) (4) or (5) of
403	403	19 Section 29B-1 of the Criminal Code of 1961 or the Criminal
404	404	20 Code of 2012, or a Class X felony conviction for delivery
405	405	21 of a controlled substance, possession of a controlled
406	406	22 substance with intent to manufacture or deliver,
407	407	23 calculated criminal drug conspiracy, criminal drug
408	408	24 conspiracy, street gang criminal drug conspiracy,
409	409	25 participation in methamphetamine manufacturing,
410	410	26 aggravated participation in methamphetamine
411	411
412	412
413	413
414	414
415	415
416	416	SB1733 - 11 - LRB104 11979 SPS 22073 b
417	417
418	418
419	419	SB1733- 12 -LRB104 11979 SPS 22073 b SB1733 - 12 - LRB104 11979 SPS 22073 b
420	420	SB1733 - 12 - LRB104 11979 SPS 22073 b
421	421	1 manufacturing, delivery of methamphetamine, possession
422	422	2 with intent to deliver methamphetamine, aggravated
423	423	3 delivery of methamphetamine, aggravated possession with
424	424	4 intent to deliver methamphetamine, methamphetamine
425	425	5 conspiracy when the substance containing the controlled
426	426	6 substance or methamphetamine is 100 grams or more shall
427	427	7 receive no more than 7.5 days sentence credit for each
428	428	8 month of his or her sentence of imprisonment;
429	429	9 (vi) that a prisoner serving a sentence for a second
430	430	10 or subsequent offense of luring a minor shall receive no
431	431	11 more than 4.5 days of sentence credit for each month of his
432	432	12 or her sentence of imprisonment; and
433	433	13 (vii) that a prisoner serving a sentence for
434	434	14 aggravated domestic battery shall receive no more than 4.5
435	435	15 days of sentence credit for each month of his or her
436	436	16 sentence of imprisonment.
437	437	17 (2.1) For all offenses, other than those enumerated in
438	438	18 subdivision (a)(2)(i), (ii), or (iii) committed on or after
439	439	19 June 19, 1998 or subdivision (a)(2)(iv) committed on or after
440	440	20 June 23, 2005 (the effective date of Public Act 94-71) or
441	441	21 subdivision (a)(2)(v) committed on or after August 13, 2007
442	442	22 (the effective date of Public Act 95-134) or subdivision
443	443	23 (a)(2)(vi) committed on or after June 1, 2008 (the effective
444	444	24 date of Public Act 95-625) or subdivision (a)(2)(vii)
445	445	25 committed on or after July 23, 2010 (the effective date of
446	446	26 Public Act 96-1224), and other than the offense of aggravated
447	447
448	448
449	449
450	450
451	451
452	452	SB1733 - 12 - LRB104 11979 SPS 22073 b
453	453
454	454
455	455	SB1733- 13 -LRB104 11979 SPS 22073 b SB1733 - 13 - LRB104 11979 SPS 22073 b
456	456	SB1733 - 13 - LRB104 11979 SPS 22073 b
457	457	1 driving under the influence of alcohol, other drug or drugs,
458	458	2 or intoxicating compound or compounds, or any combination
459	459	3 thereof as defined in subparagraph (F) of paragraph (1) of
460	460	4 subsection (d) of Section 11-501 of the Illinois Vehicle Code,
461	461	5 and other than the offense of aggravated driving under the
462	462	6 influence of alcohol, other drug or drugs, or intoxicating
463	463	7 compound or compounds, or any combination thereof as defined
464	464	8 in subparagraph (C) of paragraph (1) of subsection (d) of
465	465	9 Section 11-501 of the Illinois Vehicle Code committed on or
466	466	10 after January 1, 2011 (the effective date of Public Act
467	467	11 96-1230), the rules and regulations shall provide that a
468	468	12 prisoner who is serving a term of imprisonment shall receive
469	469	13 one day of sentence credit for each day of his or her sentence
470	470	14 of imprisonment or recommitment under Section 3-3-9. Each day
471	471	15 of sentence credit shall reduce by one day the prisoner's
472	472	16 period of imprisonment or recommitment under Section 3-3-9.
473	473	17 (2.2) A prisoner serving a term of natural life
474	474	18 imprisonment shall receive no sentence credit.
475	475	19 (2.3) Except as provided in paragraph (4.7) of this
476	476	20 subsection (a), the rules and regulations on sentence credit
477	477	21 shall provide that a prisoner who is serving a sentence for
478	478	22 aggravated driving under the influence of alcohol, other drug
479	479	23 or drugs, or intoxicating compound or compounds, or any
480	480	24 combination thereof as defined in subparagraph (F) of
481	481	25 paragraph (1) of subsection (d) of Section 11-501 of the
482	482	26 Illinois Vehicle Code, shall receive no more than 4.5 days of
483	483
484	484
485	485
486	486
487	487
488	488	SB1733 - 13 - LRB104 11979 SPS 22073 b
489	489
490	490
491	491	SB1733- 14 -LRB104 11979 SPS 22073 b SB1733 - 14 - LRB104 11979 SPS 22073 b
492	492	SB1733 - 14 - LRB104 11979 SPS 22073 b
493	493	1 sentence credit for each month of his or her sentence of
494	494	2 imprisonment.
495	495	3 (2.4) Except as provided in paragraph (4.7) of this
496	496	4 subsection (a), the rules and regulations on sentence credit
497	497	5 shall provide with respect to the offenses of aggravated
498	498	6 battery with a machine gun or a firearm equipped with any
499	499	7 device or attachment designed or used for silencing the report
500	500	8 of a firearm or aggravated discharge of a machine gun or a
501	501	9 firearm equipped with any device or attachment designed or
502	502	10 used for silencing the report of a firearm, committed on or
503	503	11 after July 15, 1999 (the effective date of Public Act 91-121),
504	504	12 that a prisoner serving a sentence for any of these offenses
505	505	13 shall receive no more than 4.5 days of sentence credit for each
506	506	14 month of his or her sentence of imprisonment.
507	507	15 (2.5) Except as provided in paragraph (4.7) of this
508	508	16 subsection (a), the rules and regulations on sentence credit
509	509	17 shall provide that a prisoner who is serving a sentence for
510	510	18 aggravated arson committed on or after July 27, 2001 (the
511	511	19 effective date of Public Act 92-176) shall receive no more
512	512	20 than 4.5 days of sentence credit for each month of his or her
513	513	21 sentence of imprisonment.
514	514	22 (2.6) Except as provided in paragraph (4.7) of this
515	515	23 subsection (a), the rules and regulations on sentence credit
516	516	24 shall provide that a prisoner who is serving a sentence for
517	517	25 aggravated driving under the influence of alcohol, other drug
518	518	26 or drugs, or intoxicating compound or compounds or any
519	519
520	520
521	521
522	522
523	523
524	524	SB1733 - 14 - LRB104 11979 SPS 22073 b
525	525
526	526
527	527	SB1733- 15 -LRB104 11979 SPS 22073 b SB1733 - 15 - LRB104 11979 SPS 22073 b
528	528	SB1733 - 15 - LRB104 11979 SPS 22073 b
529	529	1 combination thereof as defined in subparagraph (C) of
530	530	2 paragraph (1) of subsection (d) of Section 11-501 of the
531	531	3 Illinois Vehicle Code committed on or after January 1, 2011
532	532	4 (the effective date of Public Act 96-1230) shall receive no
533	533	5 more than 4.5 days of sentence credit for each month of his or
534	534	6 her sentence of imprisonment.
535	535	7 (3) In addition to the sentence credits earned under
536	536	8 paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
537	537	9 subsection (a), the rules and regulations shall also provide
538	538	10 that the Director of Corrections or the Director of Juvenile
539	539	11 Justice may award up to 180 days of earned sentence credit for
540	540	12 prisoners serving a sentence of incarceration of less than 5
541	541	13 years, and up to 365 days of earned sentence credit for
542	542	14 prisoners serving a sentence of 5 years or longer. The
543	543	15 Director may grant this credit for good conduct in specific
544	544	16 instances as either Director deems proper for eligible persons
545	545	17 in the custody of each Director's respective Department. The
546	546	18 good conduct may include, but is not limited to, compliance
547	547	19 with the rules and regulations of the Department, service to
548	548	20 the Department, service to a community, or service to the
549	549	21 State.
550	550	22 Eligible inmates for an award of earned sentence credit
551	551	23 under this paragraph (3) may be selected to receive the credit
552	552	24 at either Director's or his or her designee's sole discretion.
553	553	25 Eligibility for the additional earned sentence credit under
554	554	26 this paragraph (3) may be based on, but is not limited to,
555	555
556	556
557	557
558	558
559	559
560	560	SB1733 - 15 - LRB104 11979 SPS 22073 b
561	561
562	562
563	563	SB1733- 16 -LRB104 11979 SPS 22073 b SB1733 - 16 - LRB104 11979 SPS 22073 b
564	564	SB1733 - 16 - LRB104 11979 SPS 22073 b
565	565	1 participation in programming offered by the Department as
566	566	2 appropriate for the prisoner based on the results of any
567	567	3 available risk/needs assessment or other relevant assessments
568	568	4 or evaluations administered by the Department using a
569	569	5 validated instrument, the circumstances of the crime,
570	570	6 demonstrated commitment to rehabilitation by a prisoner with a
571	571	7 history of conviction for a forcible felony enumerated in
572	572	8 Section 2-8 of the Criminal Code of 2012, the inmate's
573	573	9 behavior and improvements in disciplinary history while
574	574	10 incarcerated, and the inmate's commitment to rehabilitation,
575	575	11 including participation in programming offered by the
576	576	12 Department.
577	577	13 The Director of Corrections or the Director of Juvenile
578	578	14 Justice shall not award sentence credit under this paragraph
579	579	15 (3) to an inmate unless the inmate has served a minimum of 60
580	580	16 days of the sentence, including time served in a county jail;
581	581	17 except nothing in this paragraph shall be construed to permit
582	582	18 either Director to extend an inmate's sentence beyond that
583	583	19 which was imposed by the court. Prior to awarding credit under
584	584	20 this paragraph (3), each Director shall make a written
585	585	21 determination that the inmate:
586	586	22 (A) is eligible for the earned sentence credit;
587	587	23 (B) has served a minimum of 60 days, or as close to 60
588	588	24 days as the sentence will allow;
589	589	25 (B-1) has received a risk/needs assessment or other
590	590	26 relevant evaluation or assessment administered by the
591	591
592	592
593	593
594	594
595	595
596	596	SB1733 - 16 - LRB104 11979 SPS 22073 b
597	597
598	598
599	599	SB1733- 17 -LRB104 11979 SPS 22073 b SB1733 - 17 - LRB104 11979 SPS 22073 b
600	600	SB1733 - 17 - LRB104 11979 SPS 22073 b
601	601	1 Department using a validated instrument; and
602	602	2 (C) has met the eligibility criteria established by
603	603	3 rule for earned sentence credit.
604	604	4 The Director of Corrections or the Director of Juvenile
605	605	5 Justice shall determine the form and content of the written
606	606	6 determination required in this subsection.
607	607	7 (3.5) The Department shall provide annual written reports
608	608	8 to the Governor and the General Assembly on the award of earned
609	609	9 sentence credit no later than February 1 of each year. The
610	610	10 Department must publish both reports on its website within 48
611	611	11 hours of transmitting the reports to the Governor and the
612	612	12 General Assembly. The reports must include:
613	613	13 (A) the number of inmates awarded earned sentence
614	614	14 credit;
615	615	15 (B) the average amount of earned sentence credit
616	616	16 awarded;
617	617	17 (C) the holding offenses of inmates awarded earned
618	618	18 sentence credit; and
619	619	19 (D) the number of earned sentence credit revocations.
620	620	20 (4)(A) Except as provided in paragraph (4.7) of this
621	621	21 subsection (a), the rules and regulations shall also provide
622	622	22 that any prisoner who is engaged full-time in any full-time
623	623	23 substance abuse programs, correctional industry assignments,
624	624	24 educational programs (including without limitation peer-led
625	625	25 programs for both the peer educators and program
626	626	26 participants), work-release programs or activities in
627	627
628	628
629	629
630	630
631	631
632	632	SB1733 - 17 - LRB104 11979 SPS 22073 b
633	633
634	634
635	635	SB1733- 18 -LRB104 11979 SPS 22073 b SB1733 - 18 - LRB104 11979 SPS 22073 b
636	636	SB1733 - 18 - LRB104 11979 SPS 22073 b
637	637	1 accordance with Article 13 of Chapter III of this Code,
638	638	2 behavior modification programs, life skills courses, or
639	639	3 re-entry planning provided by the Department under this
640	640	4 paragraph (4) and satisfactorily completes the assigned
641	641	5 program as determined by the standards of the Department,
642	642	6 shall receive one day of sentence credit for each day in which
643	643	7 that prisoner is engaged in the activities described in this
644	644	8 paragraph. The rules and regulations shall also provide that
645	645	9 sentence credit may be provided to an inmate who was held in
646	646	10 pre-trial detention prior to his or her current commitment to
647	647	11 the Department of Corrections and successfully completed a
648	648	12 full-time, 60-day or longer substance abuse program,
649	649	13 educational program, behavior modification program, life
650	650	14 skills course, or re-entry planning provided by the county
651	651	15 department of corrections or county jail. Calculation of this
652	652	16 county program credit shall be done at sentencing as provided
653	653	17 in Section 5-4.5-100 of this Code and shall be included in the
654	654	18 sentencing order. The rules and regulations shall also provide
655	655	19 that sentence credit may be provided to an inmate who is in
656	656	20 compliance with programming requirements in an adult
657	657	21 transition center.
658	658	22 (B) The Department shall award sentence credit under this
659	659	23 paragraph (4) accumulated prior to January 1, 2020 (the
660	660	24 effective date of Public Act 101-440) in an amount specified
661	661	25 in subparagraph (C) of this paragraph (4) to an inmate serving
662	662	26 a sentence for an offense committed prior to June 19, 1998, if
663	663
664	664
665	665
666	666
667	667
668	668	SB1733 - 18 - LRB104 11979 SPS 22073 b
669	669
670	670
671	671	SB1733- 19 -LRB104 11979 SPS 22073 b SB1733 - 19 - LRB104 11979 SPS 22073 b
672	672	SB1733 - 19 - LRB104 11979 SPS 22073 b
673	673	1 the Department determines that the inmate is entitled to this
674	674	2 sentence credit, based upon:
675	675	3 (i) documentation provided by the Department that the
676	676	4 inmate engaged in any full-time substance abuse programs,
677	677	5 correctional industry assignments, educational programs
678	678	6 (including without limitation peer-led programs for both
679	679	7 the peer educators and program participants), behavior
680	680	8 modification programs, life skills courses, or re-entry
681	681	9 planning provided by the Department under this paragraph
682	682	10 (4) and satisfactorily completed the assigned program as
683	683	11 determined by the standards of the Department during the
684	684	12 inmate's current term of incarceration; or
685	685	13 (ii) the inmate's own testimony in the form of an
686	686	14 affidavit or documentation, or a third party's
687	687	15 documentation or testimony in the form of an affidavit
688	688	16 that the inmate likely engaged in any full-time substance
689	689	17 abuse programs, correctional industry assignments,
690	690	18 educational programs (including without limitation
691	691	19 peer-led programs for both the peer educators and program
692	692	20 participants), behavior modification programs, life skills
693	693	21 courses, or re-entry planning provided by the Department
694	694	22 under paragraph (4) and satisfactorily completed the
695	695	23 assigned program as determined by the standards of the
696	696	24 Department during the inmate's current term of
697	697	25 incarceration.
698	698	26 (C) If the inmate can provide documentation that he or she
699	699
700	700
701	701
702	702
703	703
704	704	SB1733 - 19 - LRB104 11979 SPS 22073 b
705	705
706	706
707	707	SB1733- 20 -LRB104 11979 SPS 22073 b SB1733 - 20 - LRB104 11979 SPS 22073 b
708	708	SB1733 - 20 - LRB104 11979 SPS 22073 b
709	709	1 is entitled to sentence credit under subparagraph (B) in
710	710	2 excess of 45 days of participation in those programs, the
711	711	3 inmate shall receive 90 days of sentence credit. If the inmate
712	712	4 cannot provide documentation of more than 45 days of
713	713	5 participation in those programs, the inmate shall receive 45
714	714	6 days of sentence credit. In the event of a disagreement
715	715	7 between the Department and the inmate as to the amount of
716	716	8 credit accumulated under subparagraph (B), if the Department
717	717	9 provides documented proof of a lesser amount of days of
718	718	10 participation in those programs, that proof shall control. If
719	719	11 the Department provides no documentary proof, the inmate's
720	720	12 proof as set forth in clause (ii) of subparagraph (B) shall
721	721	13 control as to the amount of sentence credit provided.
722	722	14 (D) If the inmate has been convicted of a sex offense as
723	723	15 defined in Section 2 of the Sex Offender Registration Act,
724	724	16 sentencing credits under subparagraph (B) of this paragraph
725	725	17 (4) shall be awarded by the Department only if the conditions
726	726	18 set forth in paragraph (4.6) of subsection (a) are satisfied.
727	727	19 No inmate serving a term of natural life imprisonment shall
728	728	20 receive sentence credit under subparagraph (B) of this
729	729	21 paragraph (4).
730	730	22 (E) The rules and regulations shall provide for the
731	731	23 recalculation of program credits awarded pursuant to this
732	732	24 paragraph (4) prior to July 1, 2021 (the effective date of
733	733	25 Public Act 101-652) at the rate set for such credits on and
734	734	26 after July 1, 2021.
735	735
736	736
737	737
738	738
739	739
740	740	SB1733 - 20 - LRB104 11979 SPS 22073 b
741	741
742	742
743	743	SB1733- 21 -LRB104 11979 SPS 22073 b SB1733 - 21 - LRB104 11979 SPS 22073 b
744	744	SB1733 - 21 - LRB104 11979 SPS 22073 b
745	745	1 Educational, vocational, substance abuse, behavior
746	746	2 modification programs, life skills courses, re-entry planning,
747	747	3 and correctional industry programs under which sentence credit
748	748	4 may be earned under this paragraph (4) and paragraph (4.1) of
749	749	5 this subsection (a) shall be evaluated by the Department on
750	750	6 the basis of documented standards. The Department shall report
751	751	7 the results of these evaluations to the Governor and the
752	752	8 General Assembly by September 30th of each year. The reports
753	753	9 shall include data relating to the recidivism rate among
754	754	10 program participants (including peer educators).
755	755	11 Availability of these programs shall be subject to the
756	756	12 limits of fiscal resources appropriated by the General
757	757	13 Assembly for these purposes. Eligible inmates who are denied
758	758	14 immediate admission shall be placed on a waiting list under
759	759	15 criteria established by the Department. The rules and
760	760	16 regulations shall provide that a prisoner who has been placed
761	761	17 on a waiting list but is transferred for non-disciplinary
762	762	18 reasons before beginning a program shall receive priority
763	763	19 placement on the waitlist for appropriate programs at the new
764	764	20 facility. The inability of any inmate to become engaged in any
765	765	21 such programs by reason of insufficient program resources or
766	766	22 for any other reason established under the rules and
767	767	23 regulations of the Department shall not be deemed a cause of
768	768	24 action under which the Department or any employee or agent of
769	769	25 the Department shall be liable for damages to the inmate. The
770	770	26 rules and regulations shall provide that a prisoner who begins
771	771
772	772
773	773
774	774
775	775
776	776	SB1733 - 21 - LRB104 11979 SPS 22073 b
777	777
778	778
779	779	SB1733- 22 -LRB104 11979 SPS 22073 b SB1733 - 22 - LRB104 11979 SPS 22073 b
780	780	SB1733 - 22 - LRB104 11979 SPS 22073 b
781	781	1 an educational, vocational, substance abuse, work-release
782	782	2 programs or activities in accordance with Article 13 of
783	783	3 Chapter III of this Code, behavior modification program, life
784	784	4 skills course, re-entry planning, or correctional industry
785	785	5 programs but is unable to complete the program due to illness,
786	786	6 disability, transfer, lockdown, or another reason outside of
787	787	7 the prisoner's control shall receive prorated sentence credits
788	788	8 for the days in which the prisoner did participate.
789	789	9 (4.1) Except as provided in paragraph (4.7) of this
790	790	10 subsection (a), the rules and regulations shall also provide
791	791	11 that an additional 90 days of sentence credit shall be awarded
792	792	12 to any prisoner who passes high school equivalency testing
793	793	13 while the prisoner is committed to the Department of
794	794	14 Corrections. The sentence credit awarded under this paragraph
795	795	15 (4.1) shall be in addition to, and shall not affect, the award
796	796	16 of sentence credit under any other paragraph of this Section,
797	797	17 but shall also be pursuant to the guidelines and restrictions
798	798	18 set forth in paragraph (4) of subsection (a) of this Section.
799	799	19 The sentence credit provided for in this paragraph shall be
800	800	20 available only to those prisoners who have not previously
801	801	21 earned a high school diploma or a State of Illinois High School
802	802	22 Diploma. If, after an award of the high school equivalency
803	803	23 testing sentence credit has been made, the Department
804	804	24 determines that the prisoner was not eligible, then the award
805	805	25 shall be revoked. The Department may also award 90 days of
806	806	26 sentence credit to any committed person who passed high school
807	807
808	808
809	809
810	810
811	811
812	812	SB1733 - 22 - LRB104 11979 SPS 22073 b
813	813
814	814
815	815	SB1733- 23 -LRB104 11979 SPS 22073 b SB1733 - 23 - LRB104 11979 SPS 22073 b
816	816	SB1733 - 23 - LRB104 11979 SPS 22073 b
817	817	1 equivalency testing while he or she was held in pre-trial
818	818	2 detention prior to the current commitment to the Department of
819	819	3 Corrections. Except as provided in paragraph (4.7) of this
820	820	4 subsection (a), the rules and regulations shall provide that
821	821	5 an additional 120 days of sentence credit shall be awarded to
822	822	6 any prisoner who obtains an associate degree while the
823	823	7 prisoner is committed to the Department of Corrections,
824	824	8 regardless of the date that the associate degree was obtained,
825	825	9 including if prior to July 1, 2021 (the effective date of
826	826	10 Public Act 101-652). The sentence credit awarded under this
827	827	11 paragraph (4.1) shall be in addition to, and shall not affect,
828	828	12 the award of sentence credit under any other paragraph of this
829	829	13 Section, but shall also be under the guidelines and
830	830	14 restrictions set forth in paragraph (4) of subsection (a) of
831	831	15 this Section. The sentence credit provided for in this
832	832	16 paragraph (4.1) shall be available only to those prisoners who
833	833	17 have not previously earned an associate degree prior to the
834	834	18 current commitment to the Department of Corrections. If, after
835	835	19 an award of the associate degree sentence credit has been made
836	836	20 and the Department determines that the prisoner was not
837	837	21 eligible, then the award shall be revoked. The Department may
838	838	22 also award 120 days of sentence credit to any committed person
839	839	23 who earned an associate degree while he or she was held in
840	840	24 pre-trial detention prior to the current commitment to the
841	841	25 Department of Corrections.
842	842	26 Except as provided in paragraph (4.7) of this subsection
843	843
844	844
845	845
846	846
847	847
848	848	SB1733 - 23 - LRB104 11979 SPS 22073 b
849	849
850	850
851	851	SB1733- 24 -LRB104 11979 SPS 22073 b SB1733 - 24 - LRB104 11979 SPS 22073 b
852	852	SB1733 - 24 - LRB104 11979 SPS 22073 b
853	853	1 (a), the rules and regulations shall provide that an
854	854	2 additional 180 days of sentence credit shall be awarded to any
855	855	3 prisoner who obtains a bachelor's degree while the prisoner is
856	856	4 committed to the Department of Corrections. The sentence
857	857	5 credit awarded under this paragraph (4.1) shall be in addition
858	858	6 to, and shall not affect, the award of sentence credit under
859	859	7 any other paragraph of this Section, but shall also be under
860	860	8 the guidelines and restrictions set forth in paragraph (4) of
861	861	9 this subsection (a). The sentence credit provided for in this
862	862	10 paragraph shall be available only to those prisoners who have
863	863	11 not earned a bachelor's degree prior to the current commitment
864	864	12 to the Department of Corrections. If, after an award of the
865	865	13 bachelor's degree sentence credit has been made, the
866	866	14 Department determines that the prisoner was not eligible, then
867	867	15 the award shall be revoked. The Department may also award 180
868	868	16 days of sentence credit to any committed person who earned a
869	869	17 bachelor's degree while he or she was held in pre-trial
870	870	18 detention prior to the current commitment to the Department of
871	871	19 Corrections.
872	872	20 Except as provided in paragraph (4.7) of this subsection
873	873	21 (a), the rules and regulations shall provide that an
874	874	22 additional 180 days of sentence credit shall be awarded to any
875	875	23 prisoner who obtains a master's or professional degree while
876	876	24 the prisoner is committed to the Department of Corrections.
877	877	25 The sentence credit awarded under this paragraph (4.1) shall
878	878	26 be in addition to, and shall not affect, the award of sentence
879	879
880	880
881	881
882	882
883	883
884	884	SB1733 - 24 - LRB104 11979 SPS 22073 b
885	885
886	886
887	887	SB1733- 25 -LRB104 11979 SPS 22073 b SB1733 - 25 - LRB104 11979 SPS 22073 b
888	888	SB1733 - 25 - LRB104 11979 SPS 22073 b
889	889	1 credit under any other paragraph of this Section, but shall
890	890	2 also be under the guidelines and restrictions set forth in
891	891	3 paragraph (4) of this subsection (a). The sentence credit
892	892	4 provided for in this paragraph shall be available only to
893	893	5 those prisoners who have not previously earned a master's or
894	894	6 professional degree prior to the current commitment to the
895	895	7 Department of Corrections. If, after an award of the master's
896	896	8 or professional degree sentence credit has been made, the
897	897	9 Department determines that the prisoner was not eligible, then
898	898	10 the award shall be revoked. The Department may also award 180
899	899	11 days of sentence credit to any committed person who earned a
900	900	12 master's or professional degree while he or she was held in
901	901	13 pre-trial detention prior to the current commitment to the
902	902	14 Department of Corrections.
903	903	15 (4.2)(A) The rules and regulations shall also provide that
904	904	16 any prisoner engaged in self-improvement programs, volunteer
905	905	17 work, or work assignments that are not otherwise eligible
906	906	18 activities under paragraph (4), shall receive up to 0.5 days
907	907	19 of sentence credit for each day in which the prisoner is
908	908	20 engaged in activities described in this paragraph.
909	909	21 (B) The rules and regulations shall provide for the award
910	910	22 of sentence credit under this paragraph (4.2) for qualifying
911	911	23 days of engagement in eligible activities occurring prior to
912	912	24 July 1, 2021 (the effective date of Public Act 101-652).
913	913	25 (4.5) The rules and regulations on sentence credit shall
914	914	26 also provide that when the court's sentencing order recommends
915	915
916	916
917	917
918	918
919	919
920	920	SB1733 - 25 - LRB104 11979 SPS 22073 b
921	921
922	922
923	923	SB1733- 26 -LRB104 11979 SPS 22073 b SB1733 - 26 - LRB104 11979 SPS 22073 b
924	924	SB1733 - 26 - LRB104 11979 SPS 22073 b
925	925	1 a prisoner for substance abuse treatment and the crime was
926	926	2 committed on or after September 1, 2003 (the effective date of
927	927	3 Public Act 93-354), the prisoner shall receive no sentence
928	928	4 credit awarded under clause (3) of this subsection (a) unless
929	929	5 he or she participates in and completes a substance abuse
930	930	6 treatment program. The Director of Corrections may waive the
931	931	7 requirement to participate in or complete a substance abuse
932	932	8 treatment program in specific instances if the prisoner is not
933	933	9 a good candidate for a substance abuse treatment program for
934	934	10 medical, programming, or operational reasons. Availability of
935	935	11 substance abuse treatment shall be subject to the limits of
936	936	12 fiscal resources appropriated by the General Assembly for
937	937	13 these purposes. If treatment is not available and the
938	938	14 requirement to participate and complete the treatment has not
939	939	15 been waived by the Director, the prisoner shall be placed on a
940	940	16 waiting list under criteria established by the Department. The
941	941	17 Director may allow a prisoner placed on a waiting list to
942	942	18 participate in and complete a substance abuse education class
943	943	19 or attend substance abuse self-help meetings in lieu of a
944	944	20 substance abuse treatment program. A prisoner on a waiting
945	945	21 list who is not placed in a substance abuse program prior to
946	946	22 release may be eligible for a waiver and receive sentence
947	947	23 credit under clause (3) of this subsection (a) at the
948	948	24 discretion of the Director.
949	949	25 (4.6) The rules and regulations on sentence credit shall
950	950	26 also provide that a prisoner who has been convicted of a sex
951	951
952	952
953	953
954	954
955	955
956	956	SB1733 - 26 - LRB104 11979 SPS 22073 b
957	957
958	958
959	959	SB1733- 27 -LRB104 11979 SPS 22073 b SB1733 - 27 - LRB104 11979 SPS 22073 b
960	960	SB1733 - 27 - LRB104 11979 SPS 22073 b
961	961	1 offense as defined in Section 2 of the Sex Offender
962	962	2 Registration Act shall receive no sentence credit unless he or
963	963	3 she either has successfully completed or is participating in
964	964	4 sex offender treatment as defined by the Sex Offender
965	965	5 Management Board. However, prisoners who are waiting to
966	966	6 receive treatment, but who are unable to do so due solely to
967	967	7 the lack of resources on the part of the Department, may, at
968	968	8 either Director's sole discretion, be awarded sentence credit
969	969	9 at a rate as the Director shall determine.
970	970	10 (4.7) On or after January 1, 2018 (the effective date of
971	971	11 Public Act 100-3), sentence credit under paragraph (3), (4),
972	972	12 or (4.1) of this subsection (a) may be awarded to a prisoner
973	973	13 who is serving a sentence for an offense described in
974	974	14 paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
975	975	15 on or after January 1, 2018 (the effective date of Public Act
976	976	16 100-3); provided, the award of the credits under this
977	977	17 paragraph (4.7) shall not reduce the sentence of the prisoner
978	978	18 to less than the following amounts:
979	979	19 (i) 85% of his or her sentence if the prisoner is
980	980	20 required to serve 85% of his or her sentence; or
981	981	21 (ii) 60% of his or her sentence if the prisoner is
982	982	22 required to serve 75% of his or her sentence, except if the
983	983	23 prisoner is serving a sentence for gunrunning his or her
984	984	24 sentence shall not be reduced to less than 75%.
985	985	25 (iii) 100% of his or her sentence if the prisoner is
986	986	26 required to serve 100% of his or her sentence.
987	987
988	988
989	989
990	990
991	991
992	992	SB1733 - 27 - LRB104 11979 SPS 22073 b
993	993
994	994
995	995	SB1733- 28 -LRB104 11979 SPS 22073 b SB1733 - 28 - LRB104 11979 SPS 22073 b
996	996	SB1733 - 28 - LRB104 11979 SPS 22073 b
997	997	1 (5) Whenever the Department is to release any inmate
998	998	2 earlier than it otherwise would because of a grant of earned
999	999	3 sentence credit under paragraph (3) of subsection (a) of this
1000	1000	4 Section given at any time during the term, the Department
1001	1001	5 shall give reasonable notice of the impending release not less
1002	1002	6 than 14 days prior to the date of the release to the State's
1003	1003	7 Attorney of the county where the prosecution of the inmate
1004	1004	8 took place, and if applicable, the State's Attorney of the
1005	1005	9 county into which the inmate will be released. The Department
1006	1006	10 must also make identification information and a recent photo
1007	1007	11 of the inmate being released accessible on the Internet by
1008	1008	12 means of a hyperlink labeled "Community Notification of Inmate
1009	1009	13 Early Release" on the Department's World Wide Web homepage.
1010	1010	14 The identification information shall include the inmate's:
1011	1011	15 name, any known alias, date of birth, physical
1012	1012	16 characteristics, commitment offense, and county where
1013	1013	17 conviction was imposed. The identification information shall
1014	1014	18 be placed on the website within 3 days of the inmate's release
1015	1015	19 and the information may not be removed until either:
1016	1016	20 completion of the first year of mandatory supervised release
1017	1017	21 or return of the inmate to custody of the Department.
1018	1018	22 (b) Whenever a person is or has been committed under
1019	1019	23 several convictions, with separate sentences, the sentences
1020	1020	24 shall be construed under Section 5-8-4 in granting and
1021	1021	25 forfeiting of sentence credit.
1022	1022	26 (c) (1) The Department shall prescribe rules and
1023	1023
1024	1024
1025	1025
1026	1026
1027	1027
1028	1028	SB1733 - 28 - LRB104 11979 SPS 22073 b
1029	1029
1030	1030
1031	1031	SB1733- 29 -LRB104 11979 SPS 22073 b SB1733 - 29 - LRB104 11979 SPS 22073 b
1032	1032	SB1733 - 29 - LRB104 11979 SPS 22073 b
1033	1033	1 regulations for revoking sentence credit, including revoking
1034	1034	2 sentence credit awarded under paragraph (3) of subsection (a)
1035	1035	3 of this Section. The Department shall prescribe rules and
1036	1036	4 regulations establishing and requiring the use of a sanctions
1037	1037	5 matrix for revoking sentence credit. The Department shall
1038	1038	6 prescribe rules and regulations for suspending or reducing the
1039	1039	7 rate of accumulation of sentence credit for specific rule
1040	1040	8 violations, during imprisonment. These rules and regulations
1041	1041	9 shall provide that no inmate may be penalized more than one
1042	1042	10 year of sentence credit for any one infraction.
1043	1043	11 (2) When the Department seeks to revoke, suspend, or
1044	1044	12 reduce the rate of accumulation of any sentence credits for an
1045	1045	13 alleged infraction of its rules, it shall bring charges
1046	1046	14 therefor against the prisoner sought to be so deprived of
1047	1047	15 sentence credits before the Prisoner Review Board as provided
1048	1048	16 in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
1049	1049	17 amount of credit at issue exceeds 30 days, whether from one
1050	1050	18 infraction or cumulatively from multiple infractions arising
1051	1051	19 out of a single event, or when, during any 12-month period, the
1052	1052	20 cumulative amount of credit revoked exceeds 30 days except
1053	1053	21 where the infraction is committed or discovered within 60 days
1054	1054	22 of scheduled release. In those cases, the Department of
1055	1055	23 Corrections may revoke up to 30 days of sentence credit. The
1056	1056	24 Board may subsequently approve the revocation of additional
1057	1057	25 sentence credit, if the Department seeks to revoke sentence
1058	1058	26 credit in excess of 30 days. However, the Board shall not be
1059	1059
1060	1060
1061	1061
1062	1062
1063	1063
1064	1064	SB1733 - 29 - LRB104 11979 SPS 22073 b
1065	1065
1066	1066
1067	1067	SB1733- 30 -LRB104 11979 SPS 22073 b SB1733 - 30 - LRB104 11979 SPS 22073 b
1068	1068	SB1733 - 30 - LRB104 11979 SPS 22073 b
1069	1069	1 empowered to review the Department's decision with respect to
1070	1070	2 the loss of 30 days of sentence credit within any calendar year
1071	1071	3 for any prisoner or to increase any penalty beyond the length
1072	1072	4 requested by the Department.
1073	1073	5 (3) The Director of Corrections or the Director of
1074	1074	6 Juvenile Justice, in appropriate cases, may restore sentence
1075	1075	7 credits which have been revoked, suspended, or reduced. The
1076	1076	8 Department shall prescribe rules and regulations governing the
1077	1077	9 restoration of sentence credits. These rules and regulations
1078	1078	10 shall provide for the automatic restoration of sentence
1079	1079	11 credits following a period in which the prisoner maintains a
1080	1080	12 record without a disciplinary violation.
1081	1081	13 Nothing contained in this Section shall prohibit the
1082	1082	14 Prisoner Review Board from ordering, pursuant to Section
1083	1083	15 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
1084	1084	16 sentence imposed by the court that was not served due to the
1085	1085	17 accumulation of sentence credit.
1086	1086	18 (d) If a lawsuit is filed by a prisoner in an Illinois or
1087	1087	19 federal court against the State, the Department of
1088	1088	20 Corrections, or the Prisoner Review Board, or against any of
1089	1089	21 their officers or employees, and the court makes a specific
1090	1090	22 finding that a pleading, motion, or other paper filed by the
1091	1091	23 prisoner is frivolous, the Department of Corrections shall
1092	1092	24 conduct a hearing to revoke up to 180 days of sentence credit
1093	1093	25 by bringing charges against the prisoner sought to be deprived
1094	1094	26 of the sentence credits before the Prisoner Review Board as
1095	1095
1096	1096
1097	1097
1098	1098
1099	1099
1100	1100	SB1733 - 30 - LRB104 11979 SPS 22073 b
1101	1101
1102	1102
1103	1103	SB1733- 31 -LRB104 11979 SPS 22073 b SB1733 - 31 - LRB104 11979 SPS 22073 b
1104	1104	SB1733 - 31 - LRB104 11979 SPS 22073 b
1105	1105	1 provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
1106	1106	2 If the prisoner has not accumulated 180 days of sentence
1107	1107	3 credit at the time of the finding, then the Prisoner Review
1108	1108	4 Board may revoke all sentence credit accumulated by the
1109	1109	5 prisoner.
1110	1110	6 For purposes of this subsection (d):
1111	1111	7 (1) "Frivolous" means that a pleading, motion, or
1112	1112	8 other filing which purports to be a legal document filed
1113	1113	9 by a prisoner in his or her lawsuit meets any or all of the
1114	1114	10 following criteria:
1115	1115	11 (A) it lacks an arguable basis either in law or in
1116	1116	12 fact;
1117	1117	13 (B) it is being presented for any improper
1118	1118	14 purpose, such as to harass or to cause unnecessary
1119	1119	15 delay or needless increase in the cost of litigation;
1120	1120	16 (C) the claims, defenses, and other legal
1121	1121	17 contentions therein are not warranted by existing law
1122	1122	18 or by a nonfrivolous argument for the extension,
1123	1123	19 modification, or reversal of existing law or the
1124	1124	20 establishment of new law;
1125	1125	21 (D) the allegations and other factual contentions
1126	1126	22 do not have evidentiary support or, if specifically so
1127	1127	23 identified, are not likely to have evidentiary support
1128	1128	24 after a reasonable opportunity for further
1129	1129	25 investigation or discovery; or
1130	1130	26 (E) the denials of factual contentions are not
1131	1131
1132	1132
1133	1133
1134	1134
1135	1135
1136	1136	SB1733 - 31 - LRB104 11979 SPS 22073 b
1137	1137
1138	1138
1139	1139	SB1733- 32 -LRB104 11979 SPS 22073 b SB1733 - 32 - LRB104 11979 SPS 22073 b
1140	1140	SB1733 - 32 - LRB104 11979 SPS 22073 b
1141	1141	1 warranted on the evidence, or if specifically so
1142	1142	2 identified, are not reasonably based on a lack of
1143	1143	3 information or belief.
1144	1144	4 (2) "Lawsuit" means a motion pursuant to Section 116-3
1145	1145	5 of the Code of Criminal Procedure of 1963, a habeas corpus
1146	1146	6 action under Article X of the Code of Civil Procedure or
1147	1147	7 under federal law (28 U.S.C. 2254), a petition for claim
1148	1148	8 under the Court of Claims Act, an action under the federal
1149	1149	9 Civil Rights Act (42 U.S.C. 1983), or a second or
1150	1150	10 subsequent petition for post-conviction relief under
1151	1151	11 Article 122 of the Code of Criminal Procedure of 1963
1152	1152	12 whether filed with or without leave of court or a second or
1153	1153	13 subsequent petition for relief from judgment under Section
1154	1154	14 2-1401 of the Code of Civil Procedure.
1155	1155	15 (e) Nothing in Public Act 90-592 or 90-593 affects the
1156	1156	16 validity of Public Act 89-404.
1157	1157	17 (f) Whenever the Department is to release any inmate who
1158	1158	18 has been convicted of a violation of an order of protection
1159	1159	19 under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
1160	1160	20 the Criminal Code of 2012, earlier than it otherwise would
1161	1161	21 because of a grant of sentence credit, the Department, as a
1162	1162	22 condition of release, shall require that the person, upon
1163	1163	23 release, be placed under electronic surveillance as provided
1164	1164	24 in Section 5-8A-7 of this Code.
1165	1165	25 (Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21;
1166	1166	26 102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff.
1167	1167
1168	1168
1169	1169
1170	1170
1171	1171
1172	1172	SB1733 - 32 - LRB104 11979 SPS 22073 b
1173	1173
1174	1174
1175	1175	SB1733- 33 -LRB104 11979 SPS 22073 b SB1733 - 33 - LRB104 11979 SPS 22073 b
1176	1176	SB1733 - 33 - LRB104 11979 SPS 22073 b
1177	1177	1 1-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; 103-605,
1178	1178	2 eff. 7-1-24; 103-822, eff. 1-1-25.)
1179	1179	3 (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
1180	1180	4 Sec. 3-14-1. Release from the institution.
1181	1181	5 (a) Upon release of a person on parole, mandatory release,
1182	1182	6 final discharge, or pardon, the Department shall return all
1183	1183	7 property held for him, provide him with suitable clothing and
1184	1184	8 procure necessary transportation for him to his designated
1185	1185	9 place of residence and employment. It may provide such person
1186	1186	10 with a grant of money for travel and expenses which may be paid
1187	1187	11 in installments. The amount of the money grant shall be
1188	1188	12 determined by the Department.
1189	1189	13 (a-1) The Department shall, before a wrongfully imprisoned
1190	1190	14 person, as defined in Section 3-1-2 of this Code, is
1191	1191	15 discharged from the Department, provide him or her with any
1192	1192	16 documents necessary after discharge.
1193	1193	17 (a-2) The Department of Corrections may establish and
1194	1194	18 maintain, in any institution it administers, revolving funds
1195	1195	19 to be known as "Travel and Allowances Revolving Funds". These
1196	1196	20 revolving funds shall be used for advancing travel and expense
1197	1197	21 allowances to committed, paroled, and discharged prisoners.
1198	1198	22 The moneys paid into such revolving funds shall be from
1199	1199	23 appropriations to the Department for Committed, Paroled, and
1200	1200	24 Discharged Prisoners.
1201	1201	25 (a-3) (Blank). Upon release of a person who is eligible to
1202	1202
1203	1203
1204	1204
1205	1205
1206	1206
1207	1207	SB1733 - 33 - LRB104 11979 SPS 22073 b
1208	1208
1209	1209
1210	1210	SB1733- 34 -LRB104 11979 SPS 22073 b SB1733 - 34 - LRB104 11979 SPS 22073 b
1211	1211	SB1733 - 34 - LRB104 11979 SPS 22073 b
1212	1212	1 vote on parole, mandatory release, final discharge, or pardon,
1213	1213	2 the Department shall provide the person with a form that
1214	1214	3 informs him or her that his or her voting rights have been
1215	1215	4 restored and a voter registration application. The Department
1216	1216	5 shall have available voter registration applications in the
1217	1217	6 languages provided by the Illinois State Board of Elections.
1218	1218	7 The form that informs the person that his or her rights have
1219	1219	8 been restored shall include the following information:
1220	1220	9 (1) All voting rights are restored upon release from
1221	1221	10 the Department's custody.
1222	1222	11 (2) A person who is eligible to vote must register in
1223	1223	12 order to be able to vote.
1224	1224	13 The Department of Corrections shall confirm that the
1225	1225	14 person received the voter registration application and has
1226	1226	15 been informed that his or her voting rights have been
1227	1227	16 restored.
1228	1228	17 (a-4) Prior to release of a person on parole, mandatory
1229	1229	18 supervised release, final discharge, or pardon, the Department
1230	1230	19 shall screen every person for Medicaid eligibility. Officials
1231	1231	20 of the correctional institution or facility where the
1232	1232	21 committed person is assigned shall assist an eligible person
1233	1233	22 to complete a Medicaid application to ensure that the person
1234	1234	23 begins receiving benefits as soon as possible after his or her
1235	1235	24 release. The application must include the eligible person's
1236	1236	25 address associated with his or her residence upon release from
1237	1237	26 the facility. If the residence is temporary, the eligible
1238	1238
1239	1239
1240	1240
1241	1241
1242	1242
1243	1243	SB1733 - 34 - LRB104 11979 SPS 22073 b
1244	1244
1245	1245
1246	1246	SB1733- 35 -LRB104 11979 SPS 22073 b SB1733 - 35 - LRB104 11979 SPS 22073 b
1247	1247	SB1733 - 35 - LRB104 11979 SPS 22073 b
1248	1248	1 person must notify the Department of Human Services of his or
1249	1249	2 her change in address upon transition to permanent housing.
1250	1250	3 (b) (Blank).
1251	1251	4 (c) Except as otherwise provided in this Code, the
1252	1252	5 Department shall establish procedures to provide written
1253	1253	6 notification of any release of any person who has been
1254	1254	7 convicted of a felony to the State's Attorney and sheriff of
1255	1255	8 the county from which the offender was committed, and the
1256	1256	9 State's Attorney and sheriff of the county into which the
1257	1257	10 offender is to be paroled or released. Except as otherwise
1258	1258	11 provided in this Code, the Department shall establish
1259	1259	12 procedures to provide written notification to the proper law
1260	1260	13 enforcement agency for any municipality of any release of any
1261	1261	14 person who has been convicted of a felony if the arrest of the
1262	1262	15 offender or the commission of the offense took place in the
1263	1263	16 municipality, if the offender is to be paroled or released
1264	1264	17 into the municipality, or if the offender resided in the
1265	1265	18 municipality at the time of the commission of the offense. If a
1266	1266	19 person convicted of a felony who is in the custody of the
1267	1267	20 Department of Corrections or on parole or mandatory supervised
1268	1268	21 release informs the Department that he or she has resided,
1269	1269	22 resides, or will reside at an address that is a housing
1270	1270	23 facility owned, managed, operated, or leased by a public
1271	1271	24 housing agency, the Department must send written notification
1272	1272	25 of that information to the public housing agency that owns,
1273	1273	26 manages, operates, or leases the housing facility. The written
1274	1274
1275	1275
1276	1276
1277	1277
1278	1278
1279	1279	SB1733 - 35 - LRB104 11979 SPS 22073 b
1280	1280
1281	1281
1282	1282	SB1733- 36 -LRB104 11979 SPS 22073 b SB1733 - 36 - LRB104 11979 SPS 22073 b
1283	1283	SB1733 - 36 - LRB104 11979 SPS 22073 b
1284	1284	1 notification shall, when possible, be given at least 14 days
1285	1285	2 before release of the person from custody, or as soon
1286	1286	3 thereafter as possible. The written notification shall be
1287	1287	4 provided electronically if the State's Attorney, sheriff,
1288	1288	5 proper law enforcement agency, or public housing agency has
1289	1289	6 provided the Department with an accurate and up to date email
1290	1290	7 address.
1291	1291	8 (c-1) (Blank).
1292	1292	9 (c-2) The Department shall establish procedures to provide
1293	1293	10 notice to the Illinois State Police of the release or
1294	1294	11 discharge of persons convicted of violations of the
1295	1295	12 Methamphetamine Control and Community Protection Act or a
1296	1296	13 violation of the Methamphetamine Precursor Control Act. The
1297	1297	14 Illinois State Police shall make this information available to
1298	1298	15 local, State, or federal law enforcement agencies upon
1299	1299	16 request.
1300	1300	17 (c-5) If a person on parole or mandatory supervised
1301	1301	18 release becomes a resident of a facility licensed or regulated
1302	1302	19 by the Department of Public Health, the Illinois Department of
1303	1303	20 Public Aid, or the Illinois Department of Human Services, the
1304	1304	21 Department of Corrections shall provide copies of the
1305	1305	22 following information to the appropriate licensing or
1306	1306	23 regulating Department and the licensed or regulated facility
1307	1307	24 where the person becomes a resident:
1308	1308	25 (1) The mittimus and any pre-sentence investigation
1309	1309	26 reports.
1310	1310
1311	1311
1312	1312
1313	1313
1314	1314
1315	1315	SB1733 - 36 - LRB104 11979 SPS 22073 b
1316	1316
1317	1317
1318	1318	SB1733- 37 -LRB104 11979 SPS 22073 b SB1733 - 37 - LRB104 11979 SPS 22073 b
1319	1319	SB1733 - 37 - LRB104 11979 SPS 22073 b
1320	1320	1 (2) The social evaluation prepared pursuant to Section
1321	1321	2 3-8-2.
1322	1322	3 (3) Any pre-release evaluation conducted pursuant to
1323	1323	4 subsection (j) of Section 3-6-2.
1324	1324	5 (4) Reports of disciplinary infractions and
1325	1325	6 dispositions.
1326	1326	7 (5) Any parole plan, including orders issued by the
1327	1327	8 Prisoner Review Board, and any violation reports and
1328	1328	9 dispositions.
1329	1329	10 (6) The name and contact information for the assigned
1330	1330	11 parole agent and parole supervisor.
1331	1331	12 This information shall be provided within 3 days of the
1332	1332	13 person becoming a resident of the facility.
1333	1333	14 (c-10) If a person on parole or mandatory supervised
1334	1334	15 release becomes a resident of a facility licensed or regulated
1335	1335	16 by the Department of Public Health, the Illinois Department of
1336	1336	17 Public Aid, or the Illinois Department of Human Services, the
1337	1337	18 Department of Corrections shall provide written notification
1338	1338	19 of such residence to the following:
1339	1339	20 (1) The Prisoner Review Board.
1340	1340	21 (2) The chief of police and sheriff in the
1341	1341	22 municipality and county in which the licensed facility is
1342	1342	23 located.
1343	1343	24 The notification shall be provided within 3 days of the
1344	1344	25 person becoming a resident of the facility.
1345	1345	26 (d) Upon the release of a committed person on parole,
1346	1346
1347	1347
1348	1348
1349	1349
1350	1350
1351	1351	SB1733 - 37 - LRB104 11979 SPS 22073 b
1352	1352
1353	1353
1354	1354	SB1733- 38 -LRB104 11979 SPS 22073 b SB1733 - 38 - LRB104 11979 SPS 22073 b
1355	1355	SB1733 - 38 - LRB104 11979 SPS 22073 b
1356	1356	1 mandatory supervised release, final discharge, or pardon, the
1357	1357	2 Department shall provide such person with information
1358	1358	3 concerning programs and services of the Illinois Department of
1359	1359	4 Public Health to ascertain whether such person has been
1360	1360	5 exposed to the human immunodeficiency virus (HIV) or any
1361	1361	6 identified causative agent of Acquired Immunodeficiency
1362	1362	7 Syndrome (AIDS).
1363	1363	8 (e) Upon the release of a committed person on parole,
1364	1364	9 mandatory supervised release, final discharge, pardon, or who
1365	1365	10 has been wrongfully imprisoned, the Department shall verify
1366	1366	11 the released person's full name, date of birth, and social
1367	1367	12 security number. If verification is made by the Department by
1368	1368	13 obtaining a certified copy of the released person's birth
1369	1369	14 certificate and the released person's social security card or
1370	1370	15 other documents authorized by the Secretary, the Department
1371	1371	16 shall provide the birth certificate and social security card
1372	1372	17 or other documents authorized by the Secretary to the released
1373	1373	18 person. If verification by the Department is done by means
1374	1374	19 other than obtaining a certified copy of the released person's
1375	1375	20 birth certificate and the released person's social security
1376	1376	21 card or other documents authorized by the Secretary, the
1377	1377	22 Department shall complete a verification form, prescribed by
1378	1378	23 the Secretary of State, and shall provide that verification
1379	1379	24 form to the released person.
1380	1380	25 (f) Forty-five days prior to the scheduled discharge of a
1381	1381	26 person committed to the custody of the Department of
1382	1382
1383	1383
1384	1384
1385	1385
1386	1386
1387	1387	SB1733 - 38 - LRB104 11979 SPS 22073 b
1388	1388
1389	1389
1390	1390	SB1733- 39 -LRB104 11979 SPS 22073 b SB1733 - 39 - LRB104 11979 SPS 22073 b
1391	1391	SB1733 - 39 - LRB104 11979 SPS 22073 b
1392	1392	1 Corrections, the Department shall give the person:
1393	1393	2 (1) who is otherwise uninsured an opportunity to apply
1394	1394	3 for health care coverage including medical assistance
1395	1395	4 under Article V of the Illinois Public Aid Code in
1396	1396	5 accordance with subsection (b) of Section 1-8.5 of the
1397	1397	6 Illinois Public Aid Code, and the Department of
1398	1398	7 Corrections shall provide assistance with completion of
1399	1399	8 the application for health care coverage including medical
1400	1400	9 assistance;
1401	1401	10 (2) information about obtaining a standard Illinois
1402	1402	11 Identification Card or a limited-term Illinois
1403	1403	12 Identification Card under Section 4 of the Illinois
1404	1404	13 Identification Card Act if the person has not been issued
1405	1405	14 an Illinois Identification Card under subsection (a-20) of
1406	1406	15 Section 4 of the Illinois Identification Card Act;
1407	1407	16 (3) information about voter registration and may
1408	1408	17 distribute information prepared by the State Board of
1409	1409	18 Elections. The Department of Corrections may enter into an
1410	1410	19 interagency contract with the State Board of Elections to
1411	1411	20 participate in the automatic voter registration program
1412	1412	21 and be a designated automatic voter registration agency
1413	1413	22 under Section 1A-16.2 of the Election Code;
1414	1414	23 (4) information about job listings upon discharge from
1415	1415	24 the correctional institution or facility;
1416	1416	25 (5) information about available housing upon discharge
1417	1417	26 from the correctional institution or facility;
1418	1418
1419	1419
1420	1420
1421	1421
1422	1422
1423	1423	SB1733 - 39 - LRB104 11979 SPS 22073 b
1424	1424
1425	1425
1426	1426	SB1733- 40 -LRB104 11979 SPS 22073 b SB1733 - 40 - LRB104 11979 SPS 22073 b
1427	1427	SB1733 - 40 - LRB104 11979 SPS 22073 b
1428	1428	1 (6) a directory of elected State officials and of
1429	1429	2 officials elected in the county and municipality, if any,
1430	1430	3 in which the committed person intends to reside upon
1431	1431	4 discharge from the correctional institution or facility;
1432	1432	5 and
1433	1433	6 (7) any other information that the Department of
1434	1434	7 Corrections deems necessary to provide the committed
1435	1435	8 person in order for the committed person to reenter the
1436	1436	9 community and avoid recidivism.
1437	1437	10 (g) Sixty days before the scheduled discharge of a person
1438	1438	11 committed to the custody of the Department or upon receipt of
1439	1439	12 the person's certified birth certificate and social security
1440	1440	13 card as set forth in subsection (d) of Section 3-8-1 of this
1441	1441	14 Act, whichever occurs later, the Department shall transmit an
1442	1442	15 application for an Identification Card to the Secretary of
1443	1443	16 State, in accordance with subsection (a-20) of Section 4 of
1444	1444	17 the Illinois Identification Card Act.
1445	1445	18 The Department may adopt rules to implement this Section.
1446	1446	19 (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
1447	1447	20 102-606, eff. 1-1-22; 102-813, eff. 5-13-22; 103-345, eff.
1448	1448	21 1-1-24.)
1449	1449	22 (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
1450	1450	23 Sec. 5-5-5. Loss and restoration of rights.
1451	1451	24 (a) Conviction and disposition shall not entail the loss
1452	1452	25 by the defendant of any civil rights, except under this
1453	1453
1454	1454
1455	1455
1456	1456
1457	1457
1458	1458	SB1733 - 40 - LRB104 11979 SPS 22073 b
1459	1459
1460	1460
1461	1461	SB1733- 41 -LRB104 11979 SPS 22073 b SB1733 - 41 - LRB104 11979 SPS 22073 b
1462	1462	SB1733 - 41 - LRB104 11979 SPS 22073 b
1463	1463	1 Section and Sections 29-6 and 29-10 of The Election Code, as
1464	1464	2 now or hereafter amended.
1465	1465	3 (b) A person convicted of a felony shall be ineligible to
1466	1466	4 hold an office created by the Constitution of this State until
1467	1467	5 the completion of his sentence.
1468	1468	6 (b-5) Notwithstanding any other provision of law, a person
1469	1469	7 convicted of a felony, bribery, perjury, or other infamous
1470	1470	8 crime for an offense committed on or after the effective date
1471	1471	9 of this amendatory Act of the 103rd General Assembly and
1472	1472	10 committed while he or she was serving as a public official in
1473	1473	11 this State is ineligible to hold any local public office or any
1474	1474	12 office created by the Constitution of this State unless the
1475	1475	13 person's conviction is reversed, the person is again restored
1476	1476	14 to such rights by the terms of a pardon for the offense, the
1477	1477	15 person has received a restoration of rights by the Governor,
1478	1478	16 or the person's rights are otherwise restored by law.
1479	1479	17 (c) Beginning on January 1, 2026, a person convicted of a
1480	1480	18 felony or otherwise under sentence in a correctional
1481	1481	19 institution shall have his or her right to vote restored not
1482	1482	20 later than 14 days following his or her conviction. A person
1483	1483	21 who is serving a sentence in a correctional institution
1484	1484	22 starting prior to January 1, 2026, shall have his or her right
1485	1485	23 to vote restored not later than January 14, 2026 A person
1486	1486	24 sentenced to imprisonment shall lose his right to vote until
1487	1487	25 released from imprisonment.
1488	1488	26 (d) On completion of sentence of imprisonment or upon
1489	1489
1490	1490
1491	1491
1492	1492
1493	1493
1494	1494	SB1733 - 41 - LRB104 11979 SPS 22073 b
1495	1495
1496	1496
1497	1497	SB1733- 42 -LRB104 11979 SPS 22073 b SB1733 - 42 - LRB104 11979 SPS 22073 b
1498	1498	SB1733 - 42 - LRB104 11979 SPS 22073 b
1499	1499	1 discharge from probation, conditional discharge or periodic
1500	1500	2 imprisonment, or at any time thereafter, all license rights
1501	1501	3 and privileges granted under the authority of this State which
1502	1502	4 have been revoked or suspended because of conviction of an
1503	1503	5 offense shall be restored unless the authority having
1504	1504	6 jurisdiction of such license rights finds after investigation
1505	1505	7 and hearing that restoration is not in the public interest.
1506	1506	8 This paragraph (d) shall not apply to the suspension or
1507	1507	9 revocation of a license to operate a motor vehicle under the
1508	1508	10 Illinois Vehicle Code.
1509	1509	11 (e) Upon a person's discharge from incarceration or
1510	1510	12 parole, or upon a person's discharge from probation or at any
1511	1511	13 time thereafter, the committing court may enter an order
1512	1512	14 certifying that the sentence has been satisfactorily completed
1513	1513	15 when the court believes it would assist in the rehabilitation
1514	1514	16 of the person and be consistent with the public welfare. Such
1515	1515	17 order may be entered upon the motion of the defendant or the
1516	1516	18 State or upon the court's own motion.
1517	1517	19 (f) Upon entry of the order, the court shall issue to the
1518	1518	20 person in whose favor the order has been entered a certificate
1519	1519	21 stating that his behavior after conviction has warranted the
1520	1520	22 issuance of the order.
1521	1521	23 (g) This Section shall not affect the right of a defendant
1522	1522	24 to collaterally attack his conviction or to rely on it in bar
1523	1523	25 of subsequent proceedings for the same offense.
1524	1524	26 (h) No application for any license specified in subsection
1525	1525
1526	1526
1527	1527
1528	1528
1529	1529
1530	1530	SB1733 - 42 - LRB104 11979 SPS 22073 b
1531	1531
1532	1532
1533	1533	SB1733- 43 -LRB104 11979 SPS 22073 b SB1733 - 43 - LRB104 11979 SPS 22073 b
1534	1534	SB1733 - 43 - LRB104 11979 SPS 22073 b
1535	1535	1 (i) of this Section granted under the authority of this State
1536	1536	2 shall be denied by reason of an eligible offender who has
1537	1537	3 obtained a certificate of relief from disabilities, as defined
1538	1538	4 in Article 5.5 of this Chapter, having been previously
1539	1539	5 convicted of one or more criminal offenses, or by reason of a
1540	1540	6 finding of lack of "good moral character" when the finding is
1541	1541	7 based upon the fact that the applicant has previously been
1542	1542	8 convicted of one or more criminal offenses, unless:
1543	1543	9 (1) there is a direct relationship between one or more
1544	1544	10 of the previous criminal offenses and the specific license
1545	1545	11 sought; or
1546	1546	12 (2) the issuance of the license would involve an
1547	1547	13 unreasonable risk to property or to the safety or welfare
1548	1548	14 of specific individuals or the general public.
1549	1549	15 In making such a determination, the licensing agency shall
1550	1550	16 consider the following factors:
1551	1551	17 (1) the public policy of this State, as expressed in
1552	1552	18 Article 5.5 of this Chapter, to encourage the licensure
1553	1553	19 and employment of persons previously convicted of one or
1554	1554	20 more criminal offenses;
1555	1555	21 (2) the specific duties and responsibilities
1556	1556	22 necessarily related to the license being sought;
1557	1557	23 (3) the bearing, if any, the criminal offenses or
1558	1558	24 offenses for which the person was previously convicted
1559	1559	25 will have on his or her fitness or ability to perform one
1560	1560	26 or more such duties and responsibilities;
1561	1561
1562	1562
1563	1563
1564	1564
1565	1565
1566	1566	SB1733 - 43 - LRB104 11979 SPS 22073 b
1567	1567
1568	1568
1569	1569	SB1733- 44 -LRB104 11979 SPS 22073 b SB1733 - 44 - LRB104 11979 SPS 22073 b
1570	1570	SB1733 - 44 - LRB104 11979 SPS 22073 b
1571	1571	1 (4) the time which has elapsed since the occurrence of
1572	1572	2 the criminal offense or offenses;
1573	1573	3 (5) the age of the person at the time of occurrence of
1574	1574	4 the criminal offense or offenses;
1575	1575	5 (6) the seriousness of the offense or offenses;
1576	1576	6 (7) any information produced by the person or produced
1577	1577	7 on his or her behalf in regard to his or her rehabilitation
1578	1578	8 and good conduct, including a certificate of relief from
1579	1579	9 disabilities issued to the applicant, which certificate
1580	1580	10 shall create a presumption of rehabilitation in regard to
1581	1581	11 the offense or offenses specified in the certificate; and
1582	1582	12 (8) the legitimate interest of the licensing agency in
1583	1583	13 protecting property, and the safety and welfare of
1584	1584	14 specific individuals or the general public.
1585	1585	15 (i) A certificate of relief from disabilities shall be
1586	1586	16 issued only for a license or certification issued under the
1587	1587	17 following Acts:
1588	1588	18 (1) the Animal Welfare Act; except that a certificate
1589	1589	19 of relief from disabilities may not be granted to provide
1590	1590	20 for the issuance or restoration of a license under the
1591	1591	21 Animal Welfare Act for any person convicted of violating
1592	1592	22 Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
1593	1593	23 Care for Animals Act or Section 26-5 or 48-1 of the
1594	1594	24 Criminal Code of 1961 or the Criminal Code of 2012;
1595	1595	25 (2) the Illinois Athletic Trainers Practice Act;
1596	1596	26 (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
1597	1597
1598	1598
1599	1599
1600	1600
1601	1601
1602	1602	SB1733 - 44 - LRB104 11979 SPS 22073 b
1603	1603
1604	1604
1605	1605	SB1733- 45 -LRB104 11979 SPS 22073 b SB1733 - 45 - LRB104 11979 SPS 22073 b
1606	1606	SB1733 - 45 - LRB104 11979 SPS 22073 b
1607	1607	1 and Nail Technology Act of 1985;
1608	1608	2 (4) the Boiler and Pressure Vessel Repairer Regulation
1609	1609	3 Act;
1610	1610	4 (5) the Boxing and Full-contact Martial Arts Act;
1611	1611	5 (6) the Illinois Certified Shorthand Reporters Act of
1612	1612	6 1984;
1613	1613	7 (7) the Illinois Farm Labor Contractor Certification
1614	1614	8 Act;
1615	1615	9 (8) the Registered Interior Designers Act;
1616	1616	10 (9) the Illinois Professional Land Surveyor Act of
1617	1617	11 1989;
1618	1618	12 (10) the Landscape Architecture Registration Act;
1619	1619	13 (11) the Marriage and Family Therapy Licensing Act;
1620	1620	14 (12) the Private Employment Agency Act;
1621	1621	15 (13) the Professional Counselor and Clinical
1622	1622	16 Professional Counselor Licensing and Practice Act;
1623	1623	17 (14) the Real Estate License Act of 2000;
1624	1624	18 (15) the Illinois Roofing Industry Licensing Act;
1625	1625	19 (16) the Professional Engineering Practice Act of
1626	1626	20 1989;
1627	1627	21 (17) the Water Well and Pump Installation Contractor's
1628	1628	22 License Act;
1629	1629	23 (18) the Electrologist Licensing Act;
1630	1630	24 (19) the Auction License Act;
1631	1631	25 (20) the Illinois Architecture Practice Act of 1989;
1632	1632	26 (21) the Dietitian Nutritionist Practice Act;
1633	1633
1634	1634
1635	1635
1636	1636
1637	1637
1638	1638	SB1733 - 45 - LRB104 11979 SPS 22073 b
1639	1639
1640	1640
1641	1641	SB1733- 46 -LRB104 11979 SPS 22073 b SB1733 - 46 - LRB104 11979 SPS 22073 b
1642	1642	SB1733 - 46 - LRB104 11979 SPS 22073 b
1643	1643	1 (22) the Environmental Health Practitioner Licensing
1644	1644	2 Act;
1645	1645	3 (23) the Funeral Directors and Embalmers Licensing
1646	1646	4 Code;
1647	1647	5 (24) (blank);
1648	1648	6 (25) the Professional Geologist Licensing Act;
1649	1649	7 (26) the Illinois Public Accounting Act; and
1650	1650	8 (27) the Structural Engineering Practice Act of 1989.
1651	1651	9 (Source: P.A. 102-284, eff. 8-6-21; 103-562, eff. 11-17-23.)
1652	1652	10 (730 ILCS 5/5-5-11 new)
1653	1653	11 Sec. 5-5-11. Civil actions. The Attorney General, any
1654	1654	12 individual aggrieved by a violation of subsection (c) of
1655	1655	13 Section 5-5-5, any entity whose membership includes
1656	1656	14 individuals aggrieved by a violation of subsection (c) of
1657	1657	15 Section 5-5-5, any entity whose mission would be frustrated by
1658	1658	16 a violation of subsection (c) of Section 5-5-5, or any entity
1659	1659	17 that would expend resources in order to fulfill its mission as
1660	1660	18 a result of a violation of subsection (c) of Section 5-5-5, may
1661	1661	19 file an action in a court of competent jurisdiction. This act
1662	1662	20 is intended to benefit and protect the rights of individual
1663	1663	21 voters and to provide a remedy for infringing on the rights
1664	1664	22 granted under this Act.
1665	1665	23 (730 ILCS 5/5-5-12 new)
1666	1666	24 Sec. 5-5-12. Attorney's fees. Upon motion, a court shall
1667	1667
1668	1668
1669	1669
1670	1670
1671	1671
1672	1672	SB1733 - 46 - LRB104 11979 SPS 22073 b
1673	1673
1674	1674
1675	1675	SB1733- 47 -LRB104 11979 SPS 22073 b SB1733 - 47 - LRB104 11979 SPS 22073 b
1676	1676	SB1733 - 47 - LRB104 11979 SPS 22073 b
1677	1677	1 award reasonable attorney's fees and costs, including expert
1678	1678	2 witness fees and other litigation expenses, to a plaintiff in
1679	1679	3 any action brought under Section 5-5-11: (1) who obtains some
1680	1680	4 or all of their requested relief through a judicial judgment
1681	1681	5 in the plaintiff's favor; (2) who obtains some or all of their
1682	1682	6 requested relief through any settlement agreement approved by
1683	1683	7 the court; or (3) whose pursuit of a nonfrivolous claim was a
1684	1684	8 catalyst for a unilateral change in position by the opposing
1685	1685	9 party relative to the relief sought. In awarding reasonable
1686	1686	10 attorney's fees, the court shall consider the degree to which
1687	1687	11 the relief obtained relates to the relief sought.
1688	1688	12 Section 20. The Re-Entering Citizens Civics Education Act
1689	1689	13 is amended by changing Sections 1, 5, 10, 15, 20, 25, 40, and
1690	1690	14 by adding Section 45 as follows:
1691	1691	15 (730 ILCS 200/1)
1692	1692	16 Sec. 1. Short title. This Act may be cited as the
1693	1693	17 Reintegration and Civic Empowerment Re-Entering Citizens
1694	1694	18 Civics Education Act.
1695	1695	19 (Source: P.A. 101-441, eff. 1-1-20.)
1696	1696	20 (730 ILCS 200/5)
1697	1697	21 Sec. 5. Definitions. In this Act:
1698	1698	22 "Co-facilitators" means a committed person at the
1699	1699	23 Department of Juvenile Justice who is specifically trained in
1700	1700
1701	1701
1702	1702
1703	1703
1704	1704
1705	1705	SB1733 - 47 - LRB104 11979 SPS 22073 b
1706	1706
1707	1707
1708	1708	SB1733- 48 -LRB104 11979 SPS 22073 b SB1733 - 48 - LRB104 11979 SPS 22073 b
1709	1709	SB1733 - 48 - LRB104 11979 SPS 22073 b
1710	1710	1 voting rights education, who shall assist in conducting voting
1711	1711	2 and civics education workshops for committed persons at the
1712	1712	3 Department of Juvenile Justice; or a member of an established
1713	1713	4 nonpartisan civic organization who has been trained to conduct
1714	1714	5 voting and civics education workshops who are scheduled for
1715	1715	6 discharge within 12 months.
1716	1716	7 "Committed person" means a person committed and confined
1717	1717	8 to and in the physical custody of the Department of
1718	1718	9 Corrections or the Department of Juvenile Justice.
1719	1719	10 "Commitment" means a judicially determined placement in
1720	1720	11 the physical custody of the Department of Corrections or the
1721	1721	12 Department of Juvenile Justice on the basis of conviction or
1722	1722	13 delinquency.
1723	1723	14 "Correctional institution or facility" means a Department
1724	1724	15 of Corrections or Department of Juvenile Justice building or
1725	1725	16 part of a Department of Corrections or Department of Juvenile
1726	1726	17 Justice building where committed persons are detained in a
1727	1727	18 secure manner.
1728	1728	19 "Detainee" means a committed person in the physical
1729	1729	20 custody of the Department of Corrections or the Department of
1730	1730	21 Juvenile Justice.
1731	1731	22 "Director" includes the Directors of the Department of
1732	1732	23 Corrections and the Department of Juvenile Justice unless the
1733	1733	24 text solely specifies a particular Director.
1734	1734	25 "Discharge" means the end of a sentence or the final
1735	1735	26 termination of a committed person's physical commitment to and
1736	1736
1737	1737
1738	1738
1739	1739
1740	1740
1741	1741	SB1733 - 48 - LRB104 11979 SPS 22073 b
1742	1742
1743	1743
1744	1744	SB1733- 49 -LRB104 11979 SPS 22073 b SB1733 - 49 - LRB104 11979 SPS 22073 b
1745	1745	SB1733 - 49 - LRB104 11979 SPS 22073 b
1746	1746	1 confinement in the Department of Corrections. Discharge means
1747	1747	2 the end of a sentence or the final termination of a committed
1748	1748	3 person's physical commitment to and confinement in the
1749	1749	4 Department of Juvenile Justice.
1750	1750	5 "Peer educator" means a committed person an incarcerated
1751	1751	6 citizen at the Department of Corrections who is specifically
1752	1752	7 trained in voting rights education, who shall conduct voting
1753	1753	8 and civics education workshops for committed persons at the
1754	1754	9 Department of Corrections who are scheduled for discharge
1755	1755	10 within 12 months.
1756	1756	11 "Program" means the nonpartisan peer education and
1757	1757	12 information instruction established by this Act.
1758	1758	13 "Program participant" means a committed person enrolled in
1759	1759	14 the program or otherwise participating in a program workshop.
1760	1760	15 "Re-entering citizen" means any United States citizen who
1761	1761	16 is: 17 years of age or older; in the physical custody of the
1762	1762	17 Department of Corrections or Department of Juvenile Justice;
1763	1763	18 and scheduled to be re-entering society within 12 months.
1764	1764	19 (Source: P.A. 101-441, eff. 1-1-20; 102-374, eff. 1-1-22;
1765	1765	20 102-558, eff. 8-20-21.)
1766	1766	21 (730 ILCS 200/10)
1767	1767	22 Sec. 10. Purpose; program. The purpose of this Act is to
1768	1768	23 advance collective liberation, foster community healing, and
1769	1769	24 establish individuals as active members of the community. The
1770	1770	25 Department of Corrections and the Department of Juvenile
1771	1771
1772	1772
1773	1773
1774	1774
1775	1775
1776	1776	SB1733 - 49 - LRB104 11979 SPS 22073 b
1777	1777
1778	1778
1779	1779	SB1733- 50 -LRB104 11979 SPS 22073 b SB1733 - 50 - LRB104 11979 SPS 22073 b
1780	1780	SB1733 - 50 - LRB104 11979 SPS 22073 b
1781	1781	1 Justice shall implement provide a nonpartisan peer-led civics
1782	1782	2 program throughout the correctional institutions of this State
1783	1783	3 to teach civics to soon-to-be released citizens who will be
1784	1784	4 re-entering society. The goal of the program is to promote the
1785	1785	5 successful integration of re-entering citizens, promote
1786	1786	6 democracy, and reduce rates of recidivism within this State.
1787	1787	7 This program, emphasizing that reintegration must be a
1788	1788	8 collective effort, is designed to impart civics education to
1789	1789	9 committed persons, including those on the verge of re-entering
1790	1790	10 society. The overarching goals of the program are to
1791	1791	11 facilitate the successful reintegration of committed persons
1792	1792	12 into society, champion the principles of democracy, provide
1793	1793	13 vital information to eligible voters among the committed
1794	1794	14 population, contribute to the reduction of recidivism rates
1795	1795	15 within the state, and improve community cohesion, recognizing
1796	1796	16 its significance as a social determinant of health. For young
1797	1797	17 people in particular, the study of civics helps people acquire
1798	1798	18 and learn to use the skills, knowledge, and attitudes that
1799	1799	19 will prepare them to be engaged citizens throughout their
1800	1800	20 lives. This program shall coincide with and enhance existing
1801	1801	21 laws to ensure that committed persons and voters re-entering
1802	1802	22 citizens understand their civic responsibility and know how to
1803	1803	23 secure or, if applicable, regain their right to vote as part of
1804	1804	24 the exit process.
1805	1805	25 (Source: P.A. 101-441, eff. 1-1-20; 102-374, eff. 1-1-22.)
1806	1806
1807	1807
1808	1808
1809	1809
1810	1810
1811	1811	SB1733 - 50 - LRB104 11979 SPS 22073 b
1812	1812
1813	1813
1814	1814	SB1733- 51 -LRB104 11979 SPS 22073 b SB1733 - 51 - LRB104 11979 SPS 22073 b
1815	1815	SB1733 - 51 - LRB104 11979 SPS 22073 b
1816	1816	1 (730 ILCS 200/15)
1817	1817	2 Sec. 15. Curriculum and eligibility.
1818	1818	3 (a) The civics peer education program shall consist of a
1819	1819	4 rigorous curriculum, and participants shall be instructed on
1820	1820	5 subjects including, but not limited to, voting rights,
1821	1821	6 governmental institutions, current affairs, and simulations of
1822	1822	7 voter registration, election, and democratic processes. Each
1823	1823	8 workshop held at the Department of Corrections shall consist
1824	1824	9 of 3 sessions that are 90 minutes each and that do not need to
1825	1825	10 be taken consecutively. The workshops held at the Department
1826	1826	11 of Juvenile Justice shall consist of 270 minutes of
1827	1827	12 instruction. The Department of Corrections shall conduct each
1828	1828	13 of the 3 sessions not less than twice a month at each
1829	1829	14 correctional institution totaling not less than 6 sessions per
1830	1830	15 month at each correctional institution.
1831	1831	16 (b) The Department of Corrections and the Department of
1832	1832	17 Juvenile Justice must offer committed persons the first
1833	1833	18 re-entering citizens scheduled to be discharged within 12
1834	1834	19 months with the civics peer education workshop session within
1835	1835	20 90 days of commitment and must offer and make available the
1836	1836	21 entirety of the civics peer education program to committed
1837	1837	22 persons within 12 months of commitment program, and each
1838	1838	23 re-entering citizen must enroll in the program one to 12
1839	1839	24 months prior to his or her expected date of release. This
1840	1840	25 workshop must be included in the standard exit process.
1841	1841	26 The Department of Corrections and the Department of
1842	1842
1843	1843
1844	1844
1845	1845
1846	1846
1847	1847	SB1733 - 51 - LRB104 11979 SPS 22073 b
1848	1848
1849	1849
1850	1850	SB1733- 52 -LRB104 11979 SPS 22073 b SB1733 - 52 - LRB104 11979 SPS 22073 b
1851	1851	SB1733 - 52 - LRB104 11979 SPS 22073 b
1852	1852	1 Juvenile Justice should aim to include this workshop in
1853	1853	2 conjunction with other commitment pre-release procedures and
1854	1854	3 movements. Delays in a workshop being provided shall not cause
1855	1855	4 delays in discharge. Committed persons may not be prevented
1856	1856	5 from attending workshops due to staffing shortages, lockdowns,
1857	1857	6 or to conflicts with family or legal visits, court dates,
1858	1858	7 medical appointments, commissary visits, recreational
1859	1859	8 sessions, dining, work, class, or bathing schedules. In case
1860	1860	9 of conflict or staffing shortages, committed persons
1861	1861	10 re-entering citizens must be given full opportunity to attend
1862	1862	11 a workshop at a later time.
1863	1863	12 (c) The civics peer education program and workshops must
1864	1864	13 be made available to all committed persons regardless of the
1865	1865	14 date they were first committed or the length of their
1866	1866	15 sentence. Committed persons shall be allowed to enroll in the
1867	1867	16 program multiple times or participate in workshop sessions
1868	1868	17 multiple times. If necessary due to limitations on the number
1869	1869	18 of persons that can attend an individual workshop, the
1870	1870	19 Department of Corrections and the Department of Juvenile
1871	1871	20 Justice may prioritize attendance for participants who have
1872	1872	21 not completed the civics peer education program but shall not
1873	1873	22 otherwise restrict access to the program or workshops on the
1874	1874	23 basis of a person's commitment date or length of sentence,
1875	1875	24 except as necessary to allow a committed person near the end of
1876	1876	25 their term of commitment to complete the program before their
1877	1877	26 release from commitment.
1878	1878
1879	1879
1880	1880
1881	1881
1882	1882
1883	1883	SB1733 - 52 - LRB104 11979 SPS 22073 b
1884	1884
1885	1885
1886	1886	SB1733- 53 -LRB104 11979 SPS 22073 b SB1733 - 53 - LRB104 11979 SPS 22073 b
1887	1887	SB1733 - 53 - LRB104 11979 SPS 22073 b
1888	1888	1 (Source: P.A. 101-441, eff. 1-1-20; 102-374, eff. 1-1-22.)
1889	1889	2 (730 ILCS 200/20)
1890	1890	3 Sec. 20. Peer educator training. The civics peer
1891	1891	4 education program shall be taught by peer educators who are
1892	1892	5 persons citizens incarcerated in Department of Corrections
1893	1893	6 facilities and specially trained by experienced peer educators
1894	1894	7 and established nonpartisan civic organizations. Established
1895	1895	8 nonpartisan civic organizations may be assisted by area
1896	1896	9 political science or civics educators at colleges,
1897	1897	10 universities, and high schools and by nonpartisan
1898	1898	11 organizations providing re-entry services. The nonpartisan
1899	1899	12 civic organizations shall provide adequate training to peer
1900	1900	13 educators on matters including, but not limited to, voting
1901	1901	14 rights, governmental institutions, current affairs, and
1902	1902	15 simulations of voter registration, election, and democratic
1903	1903	16 processes, and shall provide periodic updates to program
1904	1904	17 content and to peer educators.
1905	1905	18 (Source: P.A. 101-441, eff. 1-1-20; 102-374, eff. 1-1-22.)
1906	1906	19 (730 ILCS 200/25)
1907	1907	20 Sec. 25. Voter and civic education program; content.
1908	1908	21 (a) Program content shall provide the following:
1909	1909	22 (1) nonpartisan information on voting history and
1910	1910	23 voting procedures;
1911	1911	24 (2) nonpartisan definitions of local, State, and
1912	1912
1913	1913
1914	1914
1915	1915
1916	1916
1917	1917	SB1733 - 53 - LRB104 11979 SPS 22073 b
1918	1918
1919	1919
1920	1920	SB1733- 54 -LRB104 11979 SPS 22073 b SB1733 - 54 - LRB104 11979 SPS 22073 b
1921	1921	SB1733 - 54 - LRB104 11979 SPS 22073 b
1922	1922	1 federal governmental institutions and offices; and
1923	1923	2 (3) examples and simulations of registration and
1924	1924	3 voting processes, and access to voter registration and
1925	1925	4 voting processes for those individuals who are eligible to
1926	1926	5 vote.
1927	1927	6 (b) Established nonpartisan civic organizations shall
1928	1928	7 provide periodic updates to program content and, if
1929	1929	8 applicable, peer educators and co-facilitators. Updates shall
1930	1930	9 reflect major relevant changes to election laws and processes
1931	1931	10 in Illinois.
1932	1932	11 (c) Program content shall be delivered in the following
1933	1933	12 manners:
1934	1934	13 (1) verbally via peer educators and co-facilitators;
1935	1935	14 (2) broadcasts via Department of Corrections and
1936	1936	15 Department of Juvenile Justice internal television
1937	1937	16 channels; or
1938	1938	17 (3) printed information packets.
1939	1939	18 (d) Peer educators and co-facilitators shall disseminate
1940	1940	19 printed information for voting in the program participant's
1941	1941	20 releasee's county, including, but not limited to, election
1942	1942	21 authorities' addresses, all applicable Internet websites, and
1943	1943	22 public contact information for all election authorities. This
1944	1944	23 information shall be compiled into a civics handbook. The
1945	1945	24 handbook shall also include key information condensed into a
1946	1946	25 pocket information card.
1947	1947	26 (e) The This information in subsections (d) shall also be
1948	1948
1949	1949
1950	1950
1951	1951
1952	1952
1953	1953	SB1733 - 54 - LRB104 11979 SPS 22073 b
1954	1954
1955	1955
1956	1956	SB1733- 55 -LRB104 11979 SPS 22073 b SB1733 - 55 - LRB104 11979 SPS 22073 b
1957	1957	SB1733 - 55 - LRB104 11979 SPS 22073 b
1958	1958	1 compiled electronically and posted on Department of
1959	1959	2 Corrections' and Department of Juvenile Justice's website
1960	1960	3 along with the Department of Corrections' Community Support
1961	1961	4 Advisory Councils websites.
1962	1962	5 (e-1) The Department of Corrections and the Department of
1963	1963	6 Juvenile Justice must make voter registration materials,
1964	1964	7 including access to print or online voter registration forms,
1965	1965	8 available to every committed person eligible to register to
1966	1966	9 vote once each calendar month or provide any such materials
1967	1967	10 within two (2) business days from the date requested by the
1968	1968	11 committed person. At the start of early voting for any
1969	1969	12 election, the Department of Corrections and the Department of
1970	1970	13 Juvenile Justice must make the registration materials
1971	1971	14 described in this section, along with all materials related to
1972	1972	15 obtaining and submitting a ballot, available within 2 business
1973	1973	16 days from the date requested or delivered to the correctional
1974	1974	17 institution. Mail-in ballots shall be considered and treated
1975	1975	18 in the same manner as legal mail and must be made available to
1976	1976	19 the voter within two (2) business days of delivery to the
1977	1977	20 correctional institution. Mail-in ballots must be delivered to
1978	1978	21 a mail carrier within 2 days of a committed person requesting
1979	1979	22 it be mailed unless the relevant election authority
1980	1980	23 coordinates with the correctional facility for an alternative
1981	1981	24 method of delivery.
1982	1982	25 (f) Department Directors shall ensure that the wardens or
1983	1983	26 superintendents of all correctional institutions and
1984	1984
1985	1985
1986	1986
1987	1987
1988	1988
1989	1989	SB1733 - 55 - LRB104 11979 SPS 22073 b
1990	1990
1991	1991
1992	1992	SB1733- 56 -LRB104 11979 SPS 22073 b SB1733 - 56 - LRB104 11979 SPS 22073 b
1993	1993	SB1733 - 56 - LRB104 11979 SPS 22073 b
1994	1994	1 facilities visibly post this information on all common areas
1995	1995	2 of their respective institutions, and shall broadcast the same
1996	1996	3 via in-house institutional information television channels.
1997	1997	4 Directors shall ensure that updated information is distributed
1998	1998	5 in a timely, visible, and accessible manner.
1999	1999	6 (g) The Director of Corrections shall order, in a clearly
2000	2000	7 visible area of each parole office within this State, the
2001	2001	8 posting of a notice stipulating voter eligibility and that
2002	2002	9 contains the current Internet website address and voter
2003	2003	10 registration information provided by State Board of Elections
2004	2004	11 regarding voting rights for citizens released from the
2005	2005	12 physical custody of the Department of Corrections and the
2006	2006	13 Department of Juvenile Justice.
2007	2007	14 (h) All program content and materials shall be
2008	2008	15 distributed annually to the Community Support Advisory
2009	2009	16 Councils of the Department of Corrections for use in re-entry
2010	2010	17 programs across this State.
2011	2011	18 (Source: P.A. 101-441, eff. 1-1-20; 102-374, eff. 1-1-22.)
2012	2012	19 (730 ILCS 200/40)
2013	2013	20 Sec. 40. Voter and civic education program monitoring and
2014	2014	21 enforcement.
2015	2015	22 (a) The Director of Corrections and the Director of
2016	2016	23 Juvenile Justice shall ensure that wardens or superintendents,
2017	2017	24 program, educational, and security and movement staff permit
2018	2018	25 these workshops to take place, and that program participants
2019	2019
2020	2020
2021	2021
2022	2022
2023	2023
2024	2024	SB1733 - 56 - LRB104 11979 SPS 22073 b
2025	2025
2026	2026
2027	2027	SB1733- 57 -LRB104 11979 SPS 22073 b SB1733 - 57 - LRB104 11979 SPS 22073 b
2028	2028	SB1733 - 57 - LRB104 11979 SPS 22073 b
2029	2029	1 re-entering citizens are escorted to workshops in a consistent
2030	2030	2 and timely manner.
2031	2031	3 (b) Compliance with this Act shall be monitored by a
2032	2032	4 report published annually by the Department of Corrections and
2033	2033	5 the Department of Juvenile Justice and containing data, which
2034	2034	6 shall include the following: including
2035	2035	7 (1) numbers of committed persons re-entering citizens
2036	2036	8 who enrolled in the program,
2037	2037	9 (2) numbers of committed persons re-entering citizens
2038	2038	10 who completed the program,
2039	2039	11 (3) numbers of total committed persons,
2040	2040	12 (4) numbers of peer educators,
2041	2041	13 (5) and total numbers of committed persons who exited
2042	2042	14 (including the number of those who were and the number of
2043	2043	15 those under supervision), individuals discharged.
2044	2044	16 (6) numbers of mail-in ballots requested by committed
2045	2045	17 persons,
2046	2046	18 (7) numbers of mail-in ballots delivered to mail
2047	2047	19 carriers from correctional facilities,
2048	2048	20 (8) numbers of voter registration forms submitted to
2049	2049	21 election authorities by committed persons by mail or
2050	2050	22 otherwise.
2051	2051	23 Data shall be disaggregated by institution, discharge, or
2052	2052	24 residence address of citizen, and other factors.
2053	2053	25 (Source: P.A. 101-441, eff. 1-1-20.)
2054	2054
2055	2055
2056	2056
2057	2057
2058	2058
2059	2059	SB1733 - 57 - LRB104 11979 SPS 22073 b
2060	2060
2061	2061
2062	2062	SB1733- 58 -LRB104 11979 SPS 22073 b SB1733 - 58 - LRB104 11979 SPS 22073 b
2063	2063	SB1733 - 58 - LRB104 11979 SPS 22073 b
2064	2064	1 (730 ILCS 200/45 new)
2065	2065	2 Sec. 45. Peer educator pay and stipends. The Department of
2066	2066	3 Corrections shall create and implement paid structures in line
2067	2067	4 with other states' rates for incarcerated teachers, including,
2068	2068	5 but not limited to, professors.
2069	2069	6 Section 99. Effective date. This Act takes effect January
2070	2070	7 1, 2026.
2071	2071	SB1733- 59 -LRB104 11979 SPS 22073 b 1 INDEX 2 Statutes amended in order of appearance SB1733- 59 -LRB104 11979 SPS 22073 b SB1733 - 59 - LRB104 11979 SPS 22073 b 1 INDEX 2 Statutes amended in order of appearance
2072	2072	SB1733- 59 -LRB104 11979 SPS 22073 b SB1733 - 59 - LRB104 11979 SPS 22073 b
2073	2073	SB1733 - 59 - LRB104 11979 SPS 22073 b
2074	2074	1 INDEX
2075	2075	2 Statutes amended in order of appearance
2076	2076
2077	2077
2078	2078
2079	2079
2080	2080
2081	2081	SB1733 - 58 - LRB104 11979 SPS 22073 b
2082	2082
2083	2083
2084	2084
2085	2085	SB1733- 59 -LRB104 11979 SPS 22073 b SB1733 - 59 - LRB104 11979 SPS 22073 b
2086	2086	SB1733 - 59 - LRB104 11979 SPS 22073 b
2087	2087	1 INDEX
2088	2088	2 Statutes amended in order of appearance
2089	2089
2090	2090
2091	2091
2092	2092
2093	2093
2094	2094	SB1733 - 59 - LRB104 11979 SPS 22073 b