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
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
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.
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A BILL FOR
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1 AN ACT concerning voting rights.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Administrative Procedure Act is
5 amended by adding Section 5-45.34 as follows:
6 (5 ILCS 100/5-45.34 new)
7 Sec. 5-45.34. Emergency rulemaking. To provide for the
8 expeditious and timely implementation of the changes made to
9 the Election Code and the Unified Code of Corrections by this
10 amendatory Act of the 104th General Assembly, emergency rules
11 implementing those changes may be adopted in accordance with
12 Section 5-45 by the State Board of Elections, except that the
13 24-month limitation on the adoption of emergency rules and the
14 provisions of Sections 5-115 and 5-125 do not apply to rules
15 adopted under this Section. The adoption of emergency rules
16 authorized by Section 5-45 and this Section is deemed to be
17 necessary for the public interest, safety, and welfare.
18 This Section is repealed one year after the effective date
19 of this amendatory Act of the 104th General Assembly.
20 Section 10. The Election Code is amended by changing
21 Sections 3-5 and 19-2.5 and by adding Sections 1-26, 1-27, and
22 1-28 as follows:
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
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.
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A BILL FOR
See Index
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1 (10 ILCS 5/1-26 new)
2 Sec. 1-26. Post-conviction voting.
3 (a) As used in this Section, "correctional institution"
4 means any place used to house persons under State supervision,
5 including, but not limited to, State, federal, or juvenile
6 facilities, adult transition centers, halfway houses, and
7 other reentry or rehabilitation programs.
8 (b) Beginning on January 1, 2026, a person convicted of a
9 felony, or otherwise under sentence in a correctional
10 institution, shall have his or her right to vote restored and
11 shall be eligible to vote not later than 14 days following his
12 or her conviction. A person who is serving a sentence in a
13 correctional institution starting prior to January 1, 2026
14 shall have his or her right to vote restored not later than
15 January 14, 2026. Persons under any form of state supervision
16 or custody who are disqualified from voting shall have their
17 right to vote restored under this Section, including, but not
18 limited to: persons incarcerated in State, federal, or
19 juvenile facilities; persons on probation or parole; persons
20 on mandatory supervised release; persons on work release;
21 persons on furlough; persons released on electronic
22 monitoring; persons housed in adult transition centers,
23 halfway houses, or other reentry or rehabilitation programs;
24 and persons owing court fines or fees. A Person may not be
25 denied the right to vote because of a past criminal
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1 conviction.
2 (c) Each local election authority shall coordinate with
3 the correctional institution, Illinois Department of
4 Corrections, and other correctional agencies incarcerating
5 eligible voters to facilitate voting by mail for those voters
6 eligible to vote in that election jurisdiction who are
7 incarcerated in the correctional institution.
8 (d) All requirements of the federal Voting Rights Act of
9 1965, including Sections 203 and 208, State and local language
10 access requirements, and the federal Americans with
11 Disabilities Act and State and local disability access
12 requirements shall also apply to voting under this Section.
13 The correctional institution shall make available to persons
14 in its custody voter registration applications, vote by mail
15 ballot applications, vote by mail ballots received at the
16 institution from the local election authority, and other
17 election materials in the languages provided by the State
18 Board of Elections and local election authorities.
19 (e) The correctional institution shall make available to a
20 person in its custody current election resource material,
21 maintained by the State Board of Elections, containing
22 detailed information regarding the voting rights of a person
23 with a criminal conviction in the following formats: (1) in
24 print; (2) on the correctional institution's website; and (3)
25 in a visible location on the premises of each correctional
26 institution where notices are customarily posted. The
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1 correctional institution shall also make available to a person
2 in its custody current election resource material from a local
3 election authority that is requested by that person in its
4 custody and received at the correctional institution from the
5 local election authority in response to that person's request.
6 The correctional institution shall provide resource materials
7 to a person in its custody upon intake and release of the
8 person on parole, mandatory supervised release, final
9 discharge, or pardon from the correctional institution.
10 (f) On or before December 31, 2026, and on or before
11 December 31 of each year thereafter, the State Board of
12 Elections, in coordination and cooperation with correctional
13 institutions and local election authorities, shall prepare a
14 report containing data concerning compliance with this
15 Section, including the number of voter registrations, vote by
16 mail ballot applications, vote by mail ballots received, and
17 election resource materials delivered. Data shall be
18 disaggregated by institution and other factors.
19 (g) A person who has left the person's residence as part of
20 the person's confinement in a correctional institution and who
21 has not established another residence for voter registration
22 purposes may not be considered to have changed or lost
23 residence. The person may register to vote at the address of
24 the person's last place of residence before the person's
25 confinement in a correctional institution.
26 (h) The provisions of this Section apply to all elections
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1 beginning in 2026.
2 (i) The State Board of Elections may adopt rules,
3 including emergency rules, to implement the provisions of this
4 Section.
5 (10 ILCS 5/1-27 new)
6 Sec. 1-27. Civil actions.
The Attorney General, any
7 individual aggrieved by a violation of Section 1-26, any
8 entity whose membership includes individuals aggrieved by a
9 violation of Section 1-26, any entity whose mission would be
10 frustrated by a violation of Section 1-26, or any entity that
11 would expend resources in order to fulfill its mission as a
12 result of a violation of Section 1-26 may file an action in a
13 court of competent jurisdiction. This Act is intended to
14 benefit and protect the rights of individual voters and to
15 provide a remedy for infringing on the rights granted under
16 this Act.
17 (10 ILCS 5/1-28 new)
18 Sec. 1-28. Attorney's fees. Upon motion, a court shall
19 award reasonable attorney's fees and costs, including expert
20 witness fees and other litigation expenses, to a plaintiff in
21 any action brought under Section 1-27:
22 (1) who obtains some or all of the plaintiff's
23 requested relief through a judicial judgment in the
24 plaintiff's favor;
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1 (2) who obtains some or all of their requested relief
2 through any settlement agreement approved by the court; or
3 (3) whose pursuit of a nonfrivolous claim was a
4 catalyst for a unilateral change in position by the
5 opposing party relative to the relief sought. In awarding
6 reasonable attorney's fees, the court shall consider the
7 degree to which the relief obtained relates to the relief
8 sought.
9 (10 ILCS 5/3-5) (from Ch. 46, par. 3-5)
10 Sec. 3-5. Confinement or detention in a jail. No person
11 who has been legally convicted, in this or another state or in
12 any federal court, of any crime, and is serving a sentence of
13 confinement in any penal institution, or who has been
14 convicted under any Section of this Code and is serving a
15 sentence of confinement in any penal institution, shall vote,
16 offer to vote, attempt to vote or be permitted to vote at any
17 election until his release from confinement.
18 Confinement for purposes of this Section shall include any
19 person convicted and imprisoned but granted a furlough as
20 provided by Section 3-11-1 of the Unified Code of Corrections,
21 or admitted to a work release program as provided by Section
22 3-13-2 of the Unified Code of Corrections. Confinement shall
23 not include any person convicted and imprisoned but released
24 on parole.
25 Confinement or detention in a jail pending acquittal or
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1 conviction of a crime is not a disqualification for voting.
2 (Source: P.A. 100-863, eff. 8-14-18.)
3 (10 ILCS 5/19-2.5)
4 Sec. 19-2.5. Notice for vote by mail ballot.
5 (a) An election authority shall notify all qualified
6 voters, except voters who have applied for permanent vote by
7 mail status under subsection (b) of Section 19-3 or voters who
8 submit a written request to be excluded from the permanent
9 vote by mail status, not more than 90 days nor less than 45
10 days before a general election of the option for permanent
11 vote by mail status using the following notice and including
12 the application for permanent vote by mail status in
13 subsection (b) of Section 19-3:
14 "You may apply to permanently be placed on vote by mail
15 status using the attached application.".
16 (b) A person completing a voter registration application
17 or submitting a change of address shall be notified of the
18 option to receive a vote by mail ballot. Upon request of the
19 person, the voter registration application or change of
20 address form shall serve as an application to receive an
21 official vote by mail ballot, and the individual need not
22 complete a separate vote by mail application. An elector who
23 is a resident of a location covered by Section 203 of the
24 federal Voting Rights Act of 1965 or local language access
25 requirements must be offered a voter registration application
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1 in a language of the applicable minority group and must be able
2 to request a vote by mail ballot in the language of the
3 applicable minority group. Upon processing the voter
4 registration application and accepting the application without
5 rejection, the election authority shall provide the individual
6 with an official vote by mail ballot for the next occurring
7 election.
8 (Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21;
9 103-467, eff. 8-4-23.)
10 Section 15. The Unified Code of Corrections is amended by
11 changing Sections 3-6-3, 3-14-1, and 5-5-5 and by adding
12 Sections 5-5-11 and 5-5-12 as follows:
13 (730 ILCS 5/3-6-3)
14 Sec. 3-6-3. Rules and regulations for sentence credit.
15 (a)(1) The Department of Corrections shall prescribe rules
16 and regulations for awarding and revoking sentence credit for
17 persons committed to the Department of Corrections and the
18 Department of Juvenile Justice shall prescribe rules and
19 regulations for awarding and revoking sentence credit for
20 persons committed to the Department of Juvenile Justice under
21 Section 5-8-6 of the Unified Code of Corrections, which shall
22 be subject to review by the Prisoner Review Board.
23 (1.5) As otherwise provided by law, sentence credit may be
24 awarded for the following:
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1 (A) successful completion of programming while in
2 custody of the Department of Corrections or the Department
3 of Juvenile Justice or while in custody prior to
4 sentencing;
5 (B) compliance with the rules and regulations of the
6 Department; or
7 (C) service to the institution, service to a
8 community, or service to the State.
9 (2) Except as provided in paragraph (4.7) of this
10 subsection (a), the rules and regulations on sentence credit
11 shall provide, with respect to offenses listed in clause (i),
12 (ii), or (iii) of this paragraph (2) committed on or after June
13 19, 1998 or with respect to the offense listed in clause (iv)
14 of this paragraph (2) committed on or after June 23, 2005 (the
15 effective date of Public Act 94-71) or with respect to offense
16 listed in clause (vi) committed on or after June 1, 2008 (the
17 effective date of Public Act 95-625) or with respect to the
18 offense of unlawful possession of a firearm by a repeat felony
19 offender committed on or after August 2, 2005 (the effective
20 date of Public Act 94-398) or with respect to the offenses
21 listed in clause (v) of this paragraph (2) committed on or
22 after August 13, 2007 (the effective date of Public Act
23 95-134) or with respect to the offense of aggravated domestic
24 battery committed on or after July 23, 2010 (the effective
25 date of Public Act 96-1224) or with respect to the offense of
26 attempt to commit terrorism committed on or after January 1,
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1 2013 (the effective date of Public Act 97-990), the following:
2 (i) that a prisoner who is serving a term of
3 imprisonment for first degree murder or for the offense of
4 terrorism shall receive no sentence credit and shall serve
5 the entire sentence imposed by the court;
6 (ii) that a prisoner serving a sentence for attempt to
7 commit terrorism, attempt to commit first degree murder,
8 solicitation of murder, solicitation of murder for hire,
9 intentional homicide of an unborn child, predatory
10 criminal sexual assault of a child, aggravated criminal
11 sexual assault, criminal sexual assault, aggravated
12 kidnapping, aggravated battery with a firearm as described
13 in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
14 or (e)(4) of Section 12-3.05, heinous battery as described
15 in Section 12-4.1 or subdivision (a)(2) of Section
16 12-3.05, unlawful possession of a firearm by a repeat
17 felony offender, aggravated battery of a senior citizen as
18 described in Section 12-4.6 or subdivision (a)(4) of
19 Section 12-3.05, or aggravated battery of a child as
20 described in Section 12-4.3 or subdivision (b)(1) of
21 Section 12-3.05 shall receive no more than 4.5 days of
22 sentence credit for each month of his or her sentence of
23 imprisonment;
24 (iii) that a prisoner serving a sentence for home
25 invasion, armed robbery, aggravated vehicular hijacking,
26 aggravated discharge of a firearm, or armed violence with
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1 a category I weapon or category II weapon, when the court
2 has made and entered a finding, pursuant to subsection
3 (c-1) of Section 5-4-1 of this Code, that the conduct
4 leading to conviction for the enumerated offense resulted
5 in great bodily harm to a victim, shall receive no more
6 than 4.5 days of sentence credit for each month of his or
7 her sentence of imprisonment;
8 (iv) that a prisoner serving a sentence for aggravated
9 discharge of a firearm, whether or not the conduct leading
10 to conviction for the offense resulted in great bodily
11 harm to the victim, shall receive no more than 4.5 days of
12 sentence credit for each month of his or her sentence of
13 imprisonment;
14 (v) that a person serving a sentence for gunrunning,
15 narcotics racketeering, controlled substance trafficking,
16 methamphetamine trafficking, drug-induced homicide,
17 aggravated methamphetamine-related child endangerment,
18 money laundering pursuant to clause (c) (4) or (5) of
19 Section 29B-1 of the Criminal Code of 1961 or the Criminal
20 Code of 2012, or a Class X felony conviction for delivery
21 of a controlled substance, possession of a controlled
22 substance with intent to manufacture or deliver,
23 calculated criminal drug conspiracy, criminal drug
24 conspiracy, street gang criminal drug conspiracy,
25 participation in methamphetamine manufacturing,
26 aggravated participation in methamphetamine
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1 manufacturing, delivery of methamphetamine, possession
2 with intent to deliver methamphetamine, aggravated
3 delivery of methamphetamine, aggravated possession with
4 intent to deliver methamphetamine, methamphetamine
5 conspiracy when the substance containing the controlled
6 substance or methamphetamine is 100 grams or more shall
7 receive no more than 7.5 days sentence credit for each
8 month of his or her sentence of imprisonment;
9 (vi) that a prisoner serving a sentence for a second
10 or subsequent offense of luring a minor shall receive no
11 more than 4.5 days of sentence credit for each month of his
12 or her sentence of imprisonment; and
13 (vii) that a prisoner serving a sentence for
14 aggravated domestic battery shall receive no more than 4.5
15 days of sentence credit for each month of his or her
16 sentence of imprisonment.
17 (2.1) For all offenses, other than those enumerated in
18 subdivision (a)(2)(i), (ii), or (iii) committed on or after
19 June 19, 1998 or subdivision (a)(2)(iv) committed on or after
20 June 23, 2005 (the effective date of Public Act 94-71) or
21 subdivision (a)(2)(v) committed on or after August 13, 2007
22 (the effective date of Public Act 95-134) or subdivision
23 (a)(2)(vi) committed on or after June 1, 2008 (the effective
24 date of Public Act 95-625) or subdivision (a)(2)(vii)
25 committed on or after July 23, 2010 (the effective date of
26 Public Act 96-1224), and other than the offense of aggravated
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1 driving under the influence of alcohol, other drug or drugs,
2 or intoxicating compound or compounds, or any combination
3 thereof as defined in subparagraph (F) of paragraph (1) of
4 subsection (d) of Section 11-501 of the Illinois Vehicle Code,
5 and other than the offense of aggravated driving under the
6 influence of alcohol, other drug or drugs, or intoxicating
7 compound or compounds, or any combination thereof as defined
8 in subparagraph (C) of paragraph (1) of subsection (d) of
9 Section 11-501 of the Illinois Vehicle Code committed on or
10 after January 1, 2011 (the effective date of Public Act
11 96-1230), the rules and regulations shall provide that a
12 prisoner who is serving a term of imprisonment shall receive
13 one day of sentence credit for each day of his or her sentence
14 of imprisonment or recommitment under Section 3-3-9. Each day
15 of sentence credit shall reduce by one day the prisoner's
16 period of imprisonment or recommitment under Section 3-3-9.
17 (2.2) A prisoner serving a term of natural life
18 imprisonment shall receive no sentence credit.
19 (2.3) Except as provided in paragraph (4.7) of this
20 subsection (a), the rules and regulations on sentence credit
21 shall provide that a prisoner who is serving a sentence for
22 aggravated driving under the influence of alcohol, other drug
23 or drugs, or intoxicating compound or compounds, or any
24 combination thereof as defined in subparagraph (F) of
25 paragraph (1) of subsection (d) of Section 11-501 of the
26 Illinois Vehicle Code, shall receive no more than 4.5 days of
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1 sentence credit for each month of his or her sentence of
2 imprisonment.
3 (2.4) Except as provided in paragraph (4.7) of this
4 subsection (a), the rules and regulations on sentence credit
5 shall provide with respect to the offenses of aggravated
6 battery with a machine gun or a firearm equipped with any
7 device or attachment designed or used for silencing the report
8 of a firearm or aggravated discharge of a machine gun or a
9 firearm equipped with any device or attachment designed or
10 used for silencing the report of a firearm, committed on or
11 after July 15, 1999 (the effective date of Public Act 91-121),
12 that a prisoner serving a sentence for any of these offenses
13 shall receive no more than 4.5 days of sentence credit for each
14 month of his or her sentence of imprisonment.
15 (2.5) Except as provided in paragraph (4.7) of this
16 subsection (a), the rules and regulations on sentence credit
17 shall provide that a prisoner who is serving a sentence for
18 aggravated arson committed on or after July 27, 2001 (the
19 effective date of Public Act 92-176) shall receive no more
20 than 4.5 days of sentence credit for each month of his or her
21 sentence of imprisonment.
22 (2.6) Except as provided in paragraph (4.7) of this
23 subsection (a), the rules and regulations on sentence credit
24 shall provide that a prisoner who is serving a sentence for
25 aggravated driving under the influence of alcohol, other drug
26 or drugs, or intoxicating compound or compounds or any
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1 combination thereof as defined in subparagraph (C) of
2 paragraph (1) of subsection (d) of Section 11-501 of the
3 Illinois Vehicle Code committed on or after January 1, 2011
4 (the effective date of Public Act 96-1230) shall receive no
5 more than 4.5 days of sentence credit for each month of his or
6 her sentence of imprisonment.
7 (3) In addition to the sentence credits earned under
8 paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
9 subsection (a), the rules and regulations shall also provide
10 that the Director of Corrections or the Director of Juvenile
11 Justice may award up to 180 days of earned sentence credit for
12 prisoners serving a sentence of incarceration of less than 5
13 years, and up to 365 days of earned sentence credit for
14 prisoners serving a sentence of 5 years or longer. The
15 Director may grant this credit for good conduct in specific
16 instances as either Director deems proper for eligible persons
17 in the custody of each Director's respective Department. The
18 good conduct may include, but is not limited to, compliance
19 with the rules and regulations of the Department, service to
20 the Department, service to a community, or service to the
21 State.
22 Eligible inmates for an award of earned sentence credit
23 under this paragraph (3) may be selected to receive the credit
24 at either Director's or his or her designee's sole discretion.
25 Eligibility for the additional earned sentence credit under
26 this paragraph (3) may be based on, but is not limited to,
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1 participation in programming offered by the Department as
2 appropriate for the prisoner based on the results of any
3 available risk/needs assessment or other relevant assessments
4 or evaluations administered by the Department using a
5 validated instrument, the circumstances of the crime,
6 demonstrated commitment to rehabilitation by a prisoner with a
7 history of conviction for a forcible felony enumerated in
8 Section 2-8 of the Criminal Code of 2012, the inmate's
9 behavior and improvements in disciplinary history while
10 incarcerated, and the inmate's commitment to rehabilitation,
11 including participation in programming offered by the
12 Department.
13 The Director of Corrections or the Director of Juvenile
14 Justice shall not award sentence credit under this paragraph
15 (3) to an inmate unless the inmate has served a minimum of 60
16 days of the sentence, including time served in a county jail;
17 except nothing in this paragraph shall be construed to permit
18 either Director to extend an inmate's sentence beyond that
19 which was imposed by the court. Prior to awarding credit under
20 this paragraph (3), each Director shall make a written
21 determination that the inmate:
22 (A) is eligible for the earned sentence credit;
23 (B) has served a minimum of 60 days, or as close to 60
24 days as the sentence will allow;
25 (B-1) has received a risk/needs assessment or other
26 relevant evaluation or assessment administered by the
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1 Department using a validated instrument; and
2 (C) has met the eligibility criteria established by
3 rule for earned sentence credit.
4 The Director of Corrections or the Director of Juvenile
5 Justice shall determine the form and content of the written
6 determination required in this subsection.
7 (3.5) The Department shall provide annual written reports
8 to the Governor and the General Assembly on the award of earned
9 sentence credit no later than February 1 of each year. The
10 Department must publish both reports on its website within 48
11 hours of transmitting the reports to the Governor and the
12 General Assembly. The reports must include:
13 (A) the number of inmates awarded earned sentence
14 credit;
15 (B) the average amount of earned sentence credit
16 awarded;
17 (C) the holding offenses of inmates awarded earned
18 sentence credit; and
19 (D) the number of earned sentence credit revocations.
20 (4)(A) Except as provided in paragraph (4.7) of this
21 subsection (a), the rules and regulations shall also provide
22 that any prisoner who is engaged full-time in any full-time
23 substance abuse programs, correctional industry assignments,
24 educational programs (including without limitation peer-led
25 programs for both the peer educators and program
26 participants), work-release programs or activities in
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1 accordance with Article 13 of Chapter III of this Code,
2 behavior modification programs, life skills courses, or
3 re-entry planning provided by the Department under this
4 paragraph (4) and satisfactorily completes the assigned
5 program as determined by the standards of the Department,
6 shall receive one day of sentence credit for each day in which
7 that prisoner is engaged in the activities described in this
8 paragraph. The rules and regulations shall also provide that
9 sentence credit may be provided to an inmate who was held in
10 pre-trial detention prior to his or her current commitment to
11 the Department of Corrections and successfully completed a
12 full-time, 60-day or longer substance abuse program,
13 educational program, behavior modification program, life
14 skills course, or re-entry planning provided by the county
15 department of corrections or county jail. Calculation of this
16 county program credit shall be done at sentencing as provided
17 in Section 5-4.5-100 of this Code and shall be included in the
18 sentencing order. The rules and regulations shall also provide
19 that sentence credit may be provided to an inmate who is in
20 compliance with programming requirements in an adult
21 transition center.
22 (B) The Department shall award sentence credit under this
23 paragraph (4) accumulated prior to January 1, 2020 (the
24 effective date of Public Act 101-440) in an amount specified
25 in subparagraph (C) of this paragraph (4) to an inmate serving
26 a sentence for an offense committed prior to June 19, 1998, if
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1 the Department determines that the inmate is entitled to this
2 sentence credit, based upon:
3 (i) documentation provided by the Department that the
4 inmate engaged in any full-time substance abuse programs,
5 correctional industry assignments, educational programs
6 (including without limitation peer-led programs for both
7 the peer educators and program participants), behavior
8 modification programs, life skills courses, or re-entry
9 planning provided by the Department under this paragraph
10 (4) and satisfactorily completed the assigned program as
11 determined by the standards of the Department during the
12 inmate's current term of incarceration; or
13 (ii) the inmate's own testimony in the form of an
14 affidavit or documentation, or a third party's
15 documentation or testimony in the form of an affidavit
16 that the inmate likely engaged in any full-time substance
17 abuse programs, correctional industry assignments,
18 educational programs (including without limitation
19 peer-led programs for both the peer educators and program
20 participants), behavior modification programs, life skills
21 courses, or re-entry planning provided by the Department
22 under paragraph (4) and satisfactorily completed the
23 assigned program as determined by the standards of the
24 Department during the inmate's current term of
25 incarceration.
26 (C) If the inmate can provide documentation that he or she
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1 is entitled to sentence credit under subparagraph (B) in
2 excess of 45 days of participation in those programs, the
3 inmate shall receive 90 days of sentence credit. If the inmate
4 cannot provide documentation of more than 45 days of
5 participation in those programs, the inmate shall receive 45
6 days of sentence credit. In the event of a disagreement
7 between the Department and the inmate as to the amount of
8 credit accumulated under subparagraph (B), if the Department
9 provides documented proof of a lesser amount of days of
10 participation in those programs, that proof shall control. If
11 the Department provides no documentary proof, the inmate's
12 proof as set forth in clause (ii) of subparagraph (B) shall
13 control as to the amount of sentence credit provided.
14 (D) If the inmate has been convicted of a sex offense as
15 defined in Section 2 of the Sex Offender Registration Act,
16 sentencing credits under subparagraph (B) of this paragraph
17 (4) shall be awarded by the Department only if the conditions
18 set forth in paragraph (4.6) of subsection (a) are satisfied.
19 No inmate serving a term of natural life imprisonment shall
20 receive sentence credit under subparagraph (B) of this
21 paragraph (4).
22 (E) The rules and regulations shall provide for the
23 recalculation of program credits awarded pursuant to this
24 paragraph (4) prior to July 1, 2021 (the effective date of
25 Public Act 101-652) at the rate set for such credits on and
26 after July 1, 2021.
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1 Educational, vocational, substance abuse, behavior
2 modification programs, life skills courses, re-entry planning,
3 and correctional industry programs under which sentence credit
4 may be earned under this paragraph (4) and paragraph (4.1) of
5 this subsection (a) shall be evaluated by the Department on
6 the basis of documented standards. The Department shall report
7 the results of these evaluations to the Governor and the
8 General Assembly by September 30th of each year. The reports
9 shall include data relating to the recidivism rate among
10 program participants (including peer educators).
11 Availability of these programs shall be subject to the
12 limits of fiscal resources appropriated by the General
13 Assembly for these purposes. Eligible inmates who are denied
14 immediate admission shall be placed on a waiting list under
15 criteria established by the Department. The rules and
16 regulations shall provide that a prisoner who has been placed
17 on a waiting list but is transferred for non-disciplinary
18 reasons before beginning a program shall receive priority
19 placement on the waitlist for appropriate programs at the new
20 facility. The inability of any inmate to become engaged in any
21 such programs by reason of insufficient program resources or
22 for any other reason established under the rules and
23 regulations of the Department shall not be deemed a cause of
24 action under which the Department or any employee or agent of
25 the Department shall be liable for damages to the inmate. The
26 rules and regulations shall provide that a prisoner who begins
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1 an educational, vocational, substance abuse, work-release
2 programs or activities in accordance with Article 13 of
3 Chapter III of this Code, behavior modification program, life
4 skills course, re-entry planning, or correctional industry
5 programs but is unable to complete the program due to illness,
6 disability, transfer, lockdown, or another reason outside of
7 the prisoner's control shall receive prorated sentence credits
8 for the days in which the prisoner did participate.
9 (4.1) Except as provided in paragraph (4.7) of this
10 subsection (a), the rules and regulations shall also provide
11 that an additional 90 days of sentence credit shall be awarded
12 to any prisoner who passes high school equivalency testing
13 while the prisoner is committed to the Department of
14 Corrections. The sentence credit awarded under this paragraph
15 (4.1) shall be in addition to, and shall not affect, the award
16 of sentence credit under any other paragraph of this Section,
17 but shall also be pursuant to the guidelines and restrictions
18 set forth in paragraph (4) of subsection (a) of this Section.
19 The sentence credit provided for in this paragraph shall be
20 available only to those prisoners who have not previously
21 earned a high school diploma or a State of Illinois High School
22 Diploma. If, after an award of the high school equivalency
23 testing sentence credit has been made, the Department
24 determines that the prisoner was not eligible, then the award
25 shall be revoked. The Department may also award 90 days of
26 sentence credit to any committed person who passed high school
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1 equivalency testing while he or she was held in pre-trial
2 detention prior to the current commitment to the Department of
3 Corrections. Except as provided in paragraph (4.7) of this
4 subsection (a), the rules and regulations shall provide that
5 an additional 120 days of sentence credit shall be awarded to
6 any prisoner who obtains an associate degree while the
7 prisoner is committed to the Department of Corrections,
8 regardless of the date that the associate degree was obtained,
9 including if prior to July 1, 2021 (the effective date of
10 Public Act 101-652). The sentence credit awarded under this
11 paragraph (4.1) shall be in addition to, and shall not affect,
12 the award of sentence credit under any other paragraph of this
13 Section, but shall also be under the guidelines and
14 restrictions set forth in paragraph (4) of subsection (a) of
15 this Section. The sentence credit provided for in this
16 paragraph (4.1) shall be available only to those prisoners who
17 have not previously earned an associate degree prior to the
18 current commitment to the Department of Corrections. If, after
19 an award of the associate degree sentence credit has been made
20 and the Department determines that the prisoner was not
21 eligible, then the award shall be revoked. The Department may
22 also award 120 days of sentence credit to any committed person
23 who earned an associate degree while he or she was held in
24 pre-trial detention prior to the current commitment to the
25 Department of Corrections.
26 Except as provided in paragraph (4.7) of this subsection
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1 (a), the rules and regulations shall provide that an
2 additional 180 days of sentence credit shall be awarded to any
3 prisoner who obtains a bachelor's degree while the prisoner is
4 committed to the Department of Corrections. The sentence
5 credit awarded under this paragraph (4.1) shall be in addition
6 to, and shall not affect, the award of sentence credit under
7 any other paragraph of this Section, but shall also be under
8 the guidelines and restrictions set forth in paragraph (4) of
9 this subsection (a). The sentence credit provided for in this
10 paragraph shall be available only to those prisoners who have
11 not earned a bachelor's degree prior to the current commitment
12 to the Department of Corrections. If, after an award of the
13 bachelor's degree sentence credit has been made, the
14 Department determines that the prisoner was not eligible, then
15 the award shall be revoked. The Department may also award 180
16 days of sentence credit to any committed person who earned a
17 bachelor's degree while he or she was held in pre-trial
18 detention prior to the current commitment to the Department of
19 Corrections.
20 Except as provided in paragraph (4.7) of this subsection
21 (a), the rules and regulations shall provide that an
22 additional 180 days of sentence credit shall be awarded to any
23 prisoner who obtains a master's or professional degree while
24 the prisoner is committed to the Department of Corrections.
25 The sentence credit awarded under this paragraph (4.1) shall
26 be in addition to, and shall not affect, the award of sentence
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1 credit under any other paragraph of this Section, but shall
2 also be under the guidelines and restrictions set forth in
3 paragraph (4) of this subsection (a). The sentence credit
4 provided for in this paragraph shall be available only to
5 those prisoners who have not previously earned a master's or
6 professional degree prior to the current commitment to the
7 Department of Corrections. If, after an award of the master's
8 or professional degree sentence credit has been made, the
9 Department determines that the prisoner was not eligible, then
10 the award shall be revoked. The Department may also award 180
11 days of sentence credit to any committed person who earned a
12 master's or professional degree while he or she was held in
13 pre-trial detention prior to the current commitment to the
14 Department of Corrections.
15 (4.2)(A) The rules and regulations shall also provide that
16 any prisoner engaged in self-improvement programs, volunteer
17 work, or work assignments that are not otherwise eligible
18 activities under paragraph (4), shall receive up to 0.5 days
19 of sentence credit for each day in which the prisoner is
20 engaged in activities described in this paragraph.
21 (B) The rules and regulations shall provide for the award
22 of sentence credit under this paragraph (4.2) for qualifying
23 days of engagement in eligible activities occurring prior to
24 July 1, 2021 (the effective date of Public Act 101-652).
25 (4.5) The rules and regulations on sentence credit shall
26 also provide that when the court's sentencing order recommends
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1 a prisoner for substance abuse treatment and the crime was
2 committed on or after September 1, 2003 (the effective date of
3 Public Act 93-354), the prisoner shall receive no sentence
4 credit awarded under clause (3) of this subsection (a) unless
5 he or she participates in and completes a substance abuse
6 treatment program. The Director of Corrections may waive the
7 requirement to participate in or complete a substance abuse
8 treatment program in specific instances if the prisoner is not
9 a good candidate for a substance abuse treatment program for
10 medical, programming, or operational reasons. Availability of
11 substance abuse treatment shall be subject to the limits of
12 fiscal resources appropriated by the General Assembly for
13 these purposes. If treatment is not available and the
14 requirement to participate and complete the treatment has not
15 been waived by the Director, the prisoner shall be placed on a
16 waiting list under criteria established by the Department. The
17 Director may allow a prisoner placed on a waiting list to
18 participate in and complete a substance abuse education class
19 or attend substance abuse self-help meetings in lieu of a
20 substance abuse treatment program. A prisoner on a waiting
21 list who is not placed in a substance abuse program prior to
22 release may be eligible for a waiver and receive sentence
23 credit under clause (3) of this subsection (a) at the
24 discretion of the Director.
25 (4.6) The rules and regulations on sentence credit shall
26 also provide that a prisoner who has been convicted of a sex
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1 offense as defined in Section 2 of the Sex Offender
2 Registration Act shall receive no sentence credit unless he or
3 she either has successfully completed or is participating in
4 sex offender treatment as defined by the Sex Offender
5 Management Board. However, prisoners who are waiting to
6 receive treatment, but who are unable to do so due solely to
7 the lack of resources on the part of the Department, may, at
8 either Director's sole discretion, be awarded sentence credit
9 at a rate as the Director shall determine.
10 (4.7) On or after January 1, 2018 (the effective date of
11 Public Act 100-3), sentence credit under paragraph (3), (4),
12 or (4.1) of this subsection (a) may be awarded to a prisoner
13 who is serving a sentence for an offense described in
14 paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
15 on or after January 1, 2018 (the effective date of Public Act
16 100-3); provided, the award of the credits under this
17 paragraph (4.7) shall not reduce the sentence of the prisoner
18 to less than the following amounts:
19 (i) 85% of his or her sentence if the prisoner is
20 required to serve 85% of his or her sentence; or
21 (ii) 60% of his or her sentence if the prisoner is
22 required to serve 75% of his or her sentence, except if the
23 prisoner is serving a sentence for gunrunning his or her
24 sentence shall not be reduced to less than 75%.
25 (iii) 100% of his or her sentence if the prisoner is
26 required to serve 100% of his or her sentence.
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1 (5) Whenever the Department is to release any inmate
2 earlier than it otherwise would because of a grant of earned
3 sentence credit under paragraph (3) of subsection (a) of this
4 Section given at any time during the term, the Department
5 shall give reasonable notice of the impending release not less
6 than 14 days prior to the date of the release to the State's
7 Attorney of the county where the prosecution of the inmate
8 took place, and if applicable, the State's Attorney of the
9 county into which the inmate will be released. The Department
10 must also make identification information and a recent photo
11 of the inmate being released accessible on the Internet by
12 means of a hyperlink labeled "Community Notification of Inmate
13 Early Release" on the Department's World Wide Web homepage.
14 The identification information shall include the inmate's:
15 name, any known alias, date of birth, physical
16 characteristics, commitment offense, and county where
17 conviction was imposed. The identification information shall
18 be placed on the website within 3 days of the inmate's release
19 and the information may not be removed until either:
20 completion of the first year of mandatory supervised release
21 or return of the inmate to custody of the Department.
22 (b) Whenever a person is or has been committed under
23 several convictions, with separate sentences, the sentences
24 shall be construed under Section 5-8-4 in granting and
25 forfeiting of sentence credit.
26 (c) (1) The Department shall prescribe rules and
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1 regulations for revoking sentence credit, including revoking
2 sentence credit awarded under paragraph (3) of subsection (a)
3 of this Section. The Department shall prescribe rules and
4 regulations establishing and requiring the use of a sanctions
5 matrix for revoking sentence credit. The Department shall
6 prescribe rules and regulations for suspending or reducing the
7 rate of accumulation of sentence credit for specific rule
8 violations, during imprisonment. These rules and regulations
9 shall provide that no inmate may be penalized more than one
10 year of sentence credit for any one infraction.
11 (2) When the Department seeks to revoke, suspend, or
12 reduce the rate of accumulation of any sentence credits for an
13 alleged infraction of its rules, it shall bring charges
14 therefor against the prisoner sought to be so deprived of
15 sentence credits before the Prisoner Review Board as provided
16 in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
17 amount of credit at issue exceeds 30 days, whether from one
18 infraction or cumulatively from multiple infractions arising
19 out of a single event, or when, during any 12-month period, the
20 cumulative amount of credit revoked exceeds 30 days except
21 where the infraction is committed or discovered within 60 days
22 of scheduled release. In those cases, the Department of
23 Corrections may revoke up to 30 days of sentence credit. The
24 Board may subsequently approve the revocation of additional
25 sentence credit, if the Department seeks to revoke sentence
26 credit in excess of 30 days. However, the Board shall not be
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1 empowered to review the Department's decision with respect to
2 the loss of 30 days of sentence credit within any calendar year
3 for any prisoner or to increase any penalty beyond the length
4 requested by the Department.
5 (3) The Director of Corrections or the Director of
6 Juvenile Justice, in appropriate cases, may restore sentence
7 credits which have been revoked, suspended, or reduced. The
8 Department shall prescribe rules and regulations governing the
9 restoration of sentence credits. These rules and regulations
10 shall provide for the automatic restoration of sentence
11 credits following a period in which the prisoner maintains a
12 record without a disciplinary violation.
13 Nothing contained in this Section shall prohibit the
14 Prisoner Review Board from ordering, pursuant to Section
15 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
16 sentence imposed by the court that was not served due to the
17 accumulation of sentence credit.
18 (d) If a lawsuit is filed by a prisoner in an Illinois or
19 federal court against the State, the Department of
20 Corrections, or the Prisoner Review Board, or against any of
21 their officers or employees, and the court makes a specific
22 finding that a pleading, motion, or other paper filed by the
23 prisoner is frivolous, the Department of Corrections shall
24 conduct a hearing to revoke up to 180 days of sentence credit
25 by bringing charges against the prisoner sought to be deprived
26 of the sentence credits before the Prisoner Review Board as
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1 provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
2 If the prisoner has not accumulated 180 days of sentence
3 credit at the time of the finding, then the Prisoner Review
4 Board may revoke all sentence credit accumulated by the
5 prisoner.
6 For purposes of this subsection (d):
7 (1) "Frivolous" means that a pleading, motion, or
8 other filing which purports to be a legal document filed
9 by a prisoner in his or her lawsuit meets any or all of the
10 following criteria:
11 (A) it lacks an arguable basis either in law or in
12 fact;
13 (B) it is being presented for any improper
14 purpose, such as to harass or to cause unnecessary
15 delay or needless increase in the cost of litigation;
16 (C) the claims, defenses, and other legal
17 contentions therein are not warranted by existing law
18 or by a nonfrivolous argument for the extension,
19 modification, or reversal of existing law or the
20 establishment of new law;
21 (D) the allegations and other factual contentions
22 do not have evidentiary support or, if specifically so
23 identified, are not likely to have evidentiary support
24 after a reasonable opportunity for further
25 investigation or discovery; or
26 (E) the denials of factual contentions are not
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1 warranted on the evidence, or if specifically so
2 identified, are not reasonably based on a lack of
3 information or belief.
4 (2) "Lawsuit" means a motion pursuant to Section 116-3
5 of the Code of Criminal Procedure of 1963, a habeas corpus
6 action under Article X of the Code of Civil Procedure or
7 under federal law (28 U.S.C. 2254), a petition for claim
8 under the Court of Claims Act, an action under the federal
9 Civil Rights Act (42 U.S.C. 1983), or a second or
10 subsequent petition for post-conviction relief under
11 Article 122 of the Code of Criminal Procedure of 1963
12 whether filed with or without leave of court or a second or
13 subsequent petition for relief from judgment under Section
14 2-1401 of the Code of Civil Procedure.
15 (e) Nothing in Public Act 90-592 or 90-593 affects the
16 validity of Public Act 89-404.
17 (f) Whenever the Department is to release any inmate who
18 has been convicted of a violation of an order of protection
19 under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
20 the Criminal Code of 2012, earlier than it otherwise would
21 because of a grant of sentence credit, the Department, as a
22 condition of release, shall require that the person, upon
23 release, be placed under electronic surveillance as provided
24 in Section 5-8A-7 of this Code.
25 (Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21;
26 102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff.
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1 1-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; 103-605,
2 eff. 7-1-24; 103-822, eff. 1-1-25.)
3 (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
4 Sec. 3-14-1. Release from the institution.
5 (a) Upon release of a person on parole, mandatory release,
6 final discharge, or pardon, the Department shall return all
7 property held for him, provide him with suitable clothing and
8 procure necessary transportation for him to his designated
9 place of residence and employment. It may provide such person
10 with a grant of money for travel and expenses which may be paid
11 in installments. The amount of the money grant shall be
12 determined by the Department.
13 (a-1) The Department shall, before a wrongfully imprisoned
14 person, as defined in Section 3-1-2 of this Code, is
15 discharged from the Department, provide him or her with any
16 documents necessary after discharge.
17 (a-2) The Department of Corrections may establish and
18 maintain, in any institution it administers, revolving funds
19 to be known as "Travel and Allowances Revolving Funds". These
20 revolving funds shall be used for advancing travel and expense
21 allowances to committed, paroled, and discharged prisoners.
22 The moneys paid into such revolving funds shall be from
23 appropriations to the Department for Committed, Paroled, and
24 Discharged Prisoners.
25 (a-3) (Blank). Upon release of a person who is eligible to
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1 vote on parole, mandatory release, final discharge, or pardon,
2 the Department shall provide the person with a form that
3 informs him or her that his or her voting rights have been
4 restored and a voter registration application. The Department
5 shall have available voter registration applications in the
6 languages provided by the Illinois State Board of Elections.
7 The form that informs the person that his or her rights have
8 been restored shall include the following information:
9 (1) All voting rights are restored upon release from
10 the Department's custody.
11 (2) A person who is eligible to vote must register in
12 order to be able to vote.
13 The Department of Corrections shall confirm that the
14 person received the voter registration application and has
15 been informed that his or her voting rights have been
16 restored.
17 (a-4) Prior to release of a person on parole, mandatory
18 supervised release, final discharge, or pardon, the Department
19 shall screen every person for Medicaid eligibility. Officials
20 of the correctional institution or facility where the
21 committed person is assigned shall assist an eligible person
22 to complete a Medicaid application to ensure that the person
23 begins receiving benefits as soon as possible after his or her
24 release. The application must include the eligible person's
25 address associated with his or her residence upon release from
26 the facility. If the residence is temporary, the eligible
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1 person must notify the Department of Human Services of his or
2 her change in address upon transition to permanent housing.
3 (b) (Blank).
4 (c) Except as otherwise provided in this Code, the
5 Department shall establish procedures to provide written
6 notification of any release of any person who has been
7 convicted of a felony to the State's Attorney and sheriff of
8 the county from which the offender was committed, and the
9 State's Attorney and sheriff of the county into which the
10 offender is to be paroled or released. Except as otherwise
11 provided in this Code, the Department shall establish
12 procedures to provide written notification to the proper law
13 enforcement agency for any municipality of any release of any
14 person who has been convicted of a felony if the arrest of the
15 offender or the commission of the offense took place in the
16 municipality, if the offender is to be paroled or released
17 into the municipality, or if the offender resided in the
18 municipality at the time of the commission of the offense. If a
19 person convicted of a felony who is in the custody of the
20 Department of Corrections or on parole or mandatory supervised
21 release informs the Department that he or she has resided,
22 resides, or will reside at an address that is a housing
23 facility owned, managed, operated, or leased by a public
24 housing agency, the Department must send written notification
25 of that information to the public housing agency that owns,
26 manages, operates, or leases the housing facility. The written
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1 notification shall, when possible, be given at least 14 days
2 before release of the person from custody, or as soon
3 thereafter as possible. The written notification shall be
4 provided electronically if the State's Attorney, sheriff,
5 proper law enforcement agency, or public housing agency has
6 provided the Department with an accurate and up to date email
7 address.
8 (c-1) (Blank).
9 (c-2) The Department shall establish procedures to provide
10 notice to the Illinois State Police of the release or
11 discharge of persons convicted of violations of the
12 Methamphetamine Control and Community Protection Act or a
13 violation of the Methamphetamine Precursor Control Act. The
14 Illinois State Police shall make this information available to
15 local, State, or federal law enforcement agencies upon
16 request.
17 (c-5) If a person on parole or mandatory supervised
18 release becomes a resident of a facility licensed or regulated
19 by the Department of Public Health, the Illinois Department of
20 Public Aid, or the Illinois Department of Human Services, the
21 Department of Corrections shall provide copies of the
22 following information to the appropriate licensing or
23 regulating Department and the licensed or regulated facility
24 where the person becomes a resident:
25 (1) The mittimus and any pre-sentence investigation
26 reports.
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1 (2) The social evaluation prepared pursuant to Section
2 3-8-2.
3 (3) Any pre-release evaluation conducted pursuant to
4 subsection (j) of Section 3-6-2.
5 (4) Reports of disciplinary infractions and
6 dispositions.
7 (5) Any parole plan, including orders issued by the
8 Prisoner Review Board, and any violation reports and
9 dispositions.
10 (6) The name and contact information for the assigned
11 parole agent and parole supervisor.
12 This information shall be provided within 3 days of the
13 person becoming a resident of the facility.
14 (c-10) If a person on parole or mandatory supervised
15 release becomes a resident of a facility licensed or regulated
16 by the Department of Public Health, the Illinois Department of
17 Public Aid, or the Illinois Department of Human Services, the
18 Department of Corrections shall provide written notification
19 of such residence to the following:
20 (1) The Prisoner Review Board.
21 (2) The chief of police and sheriff in the
22 municipality and county in which the licensed facility is
23 located.
24 The notification shall be provided within 3 days of the
25 person becoming a resident of the facility.
26 (d) Upon the release of a committed person on parole,
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1 mandatory supervised release, final discharge, or pardon, the
2 Department shall provide such person with information
3 concerning programs and services of the Illinois Department of
4 Public Health to ascertain whether such person has been
5 exposed to the human immunodeficiency virus (HIV) or any
6 identified causative agent of Acquired Immunodeficiency
7 Syndrome (AIDS).
8 (e) Upon the release of a committed person on parole,
9 mandatory supervised release, final discharge, pardon, or who
10 has been wrongfully imprisoned, the Department shall verify
11 the released person's full name, date of birth, and social
12 security number. If verification is made by the Department by
13 obtaining a certified copy of the released person's birth
14 certificate and the released person's social security card or
15 other documents authorized by the Secretary, the Department
16 shall provide the birth certificate and social security card
17 or other documents authorized by the Secretary to the released
18 person. If verification by the Department is done by means
19 other than obtaining a certified copy of the released person's
20 birth certificate and the released person's social security
21 card or other documents authorized by the Secretary, the
22 Department shall complete a verification form, prescribed by
23 the Secretary of State, and shall provide that verification
24 form to the released person.
25 (f) Forty-five days prior to the scheduled discharge of a
26 person committed to the custody of the Department of
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1 Corrections, the Department shall give the person:
2 (1) who is otherwise uninsured an opportunity to apply
3 for health care coverage including medical assistance
4 under Article V of the Illinois Public Aid Code in
5 accordance with subsection (b) of Section 1-8.5 of the
6 Illinois Public Aid Code, and the Department of
7 Corrections shall provide assistance with completion of
8 the application for health care coverage including medical
9 assistance;
10 (2) information about obtaining a standard Illinois
11 Identification Card or a limited-term Illinois
12 Identification Card under Section 4 of the Illinois
13 Identification Card Act if the person has not been issued
14 an Illinois Identification Card under subsection (a-20) of
15 Section 4 of the Illinois Identification Card Act;
16 (3) information about voter registration and may
17 distribute information prepared by the State Board of
18 Elections. The Department of Corrections may enter into an
19 interagency contract with the State Board of Elections to
20 participate in the automatic voter registration program
21 and be a designated automatic voter registration agency
22 under Section 1A-16.2 of the Election Code;
23 (4) information about job listings upon discharge from
24 the correctional institution or facility;
25 (5) information about available housing upon discharge
26 from the correctional institution or facility;
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1 (6) a directory of elected State officials and of
2 officials elected in the county and municipality, if any,
3 in which the committed person intends to reside upon
4 discharge from the correctional institution or facility;
5 and
6 (7) any other information that the Department of
7 Corrections deems necessary to provide the committed
8 person in order for the committed person to reenter the
9 community and avoid recidivism.
10 (g) Sixty days before the scheduled discharge of a person
11 committed to the custody of the Department or upon receipt of
12 the person's certified birth certificate and social security
13 card as set forth in subsection (d) of Section 3-8-1 of this
14 Act, whichever occurs later, the Department shall transmit an
15 application for an Identification Card to the Secretary of
16 State, in accordance with subsection (a-20) of Section 4 of
17 the Illinois Identification Card Act.
18 The Department may adopt rules to implement this Section.
19 (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
20 102-606, eff. 1-1-22; 102-813, eff. 5-13-22; 103-345, eff.
21 1-1-24.)
22 (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
23 Sec. 5-5-5. Loss and restoration of rights.
24 (a) Conviction and disposition shall not entail the loss
25 by the defendant of any civil rights, except under this
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1 Section and Sections 29-6 and 29-10 of The Election Code, as
2 now or hereafter amended.
3 (b) A person convicted of a felony shall be ineligible to
4 hold an office created by the Constitution of this State until
5 the completion of his sentence.
6 (b-5) Notwithstanding any other provision of law, a person
7 convicted of a felony, bribery, perjury, or other infamous
8 crime for an offense committed on or after the effective date
9 of this amendatory Act of the 103rd General Assembly and
10 committed while he or she was serving as a public official in
11 this State is ineligible to hold any local public office or any
12 office created by the Constitution of this State unless the
13 person's conviction is reversed, the person is again restored
14 to such rights by the terms of a pardon for the offense, the
15 person has received a restoration of rights by the Governor,
16 or the person's rights are otherwise restored by law.
17 (c) Beginning on January 1, 2026, a person convicted of a
18 felony or otherwise under sentence in a correctional
19 institution shall have his or her right to vote restored not
20 later than 14 days following his or her conviction. A person
21 who is serving a sentence in a correctional institution
22 starting prior to January 1, 2026, shall have his or her right
23 to vote restored not later than January 14, 2026 A person
24 sentenced to imprisonment shall lose his right to vote until
25 released from imprisonment.
26 (d) On completion of sentence of imprisonment or upon
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1 discharge from probation, conditional discharge or periodic
2 imprisonment, or at any time thereafter, all license rights
3 and privileges granted under the authority of this State which
4 have been revoked or suspended because of conviction of an
5 offense shall be restored unless the authority having
6 jurisdiction of such license rights finds after investigation
7 and hearing that restoration is not in the public interest.
8 This paragraph (d) shall not apply to the suspension or
9 revocation of a license to operate a motor vehicle under the
10 Illinois Vehicle Code.
11 (e) Upon a person's discharge from incarceration or
12 parole, or upon a person's discharge from probation or at any
13 time thereafter, the committing court may enter an order
14 certifying that the sentence has been satisfactorily completed
15 when the court believes it would assist in the rehabilitation
16 of the person and be consistent with the public welfare. Such
17 order may be entered upon the motion of the defendant or the
18 State or upon the court's own motion.
19 (f) Upon entry of the order, the court shall issue to the
20 person in whose favor the order has been entered a certificate
21 stating that his behavior after conviction has warranted the
22 issuance of the order.
23 (g) This Section shall not affect the right of a defendant
24 to collaterally attack his conviction or to rely on it in bar
25 of subsequent proceedings for the same offense.
26 (h) No application for any license specified in subsection
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1 (i) of this Section granted under the authority of this State
2 shall be denied by reason of an eligible offender who has
3 obtained a certificate of relief from disabilities, as defined
4 in Article 5.5 of this Chapter, having been previously
5 convicted of one or more criminal offenses, or by reason of a
6 finding of lack of "good moral character" when the finding is
7 based upon the fact that the applicant has previously been
8 convicted of one or more criminal offenses, unless:
9 (1) there is a direct relationship between one or more
10 of the previous criminal offenses and the specific license
11 sought; or
12 (2) the issuance of the license would involve an
13 unreasonable risk to property or to the safety or welfare
14 of specific individuals or the general public.
15 In making such a determination, the licensing agency shall
16 consider the following factors:
17 (1) the public policy of this State, as expressed in
18 Article 5.5 of this Chapter, to encourage the licensure
19 and employment of persons previously convicted of one or
20 more criminal offenses;
21 (2) the specific duties and responsibilities
22 necessarily related to the license being sought;
23 (3) the bearing, if any, the criminal offenses or
24 offenses for which the person was previously convicted
25 will have on his or her fitness or ability to perform one
26 or more such duties and responsibilities;
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1 (4) the time which has elapsed since the occurrence of
2 the criminal offense or offenses;
3 (5) the age of the person at the time of occurrence of
4 the criminal offense or offenses;
5 (6) the seriousness of the offense or offenses;
6 (7) any information produced by the person or produced
7 on his or her behalf in regard to his or her rehabilitation
8 and good conduct, including a certificate of relief from
9 disabilities issued to the applicant, which certificate
10 shall create a presumption of rehabilitation in regard to
11 the offense or offenses specified in the certificate; and
12 (8) the legitimate interest of the licensing agency in
13 protecting property, and the safety and welfare of
14 specific individuals or the general public.
15 (i) A certificate of relief from disabilities shall be
16 issued only for a license or certification issued under the
17 following Acts:
18 (1) the Animal Welfare Act; except that a certificate
19 of relief from disabilities may not be granted to provide
20 for the issuance or restoration of a license under the
21 Animal Welfare Act for any person convicted of violating
22 Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
23 Care for Animals Act or Section 26-5 or 48-1 of the
24 Criminal Code of 1961 or the Criminal Code of 2012;
25 (2) the Illinois Athletic Trainers Practice Act;
26 (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
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1 and Nail Technology Act of 1985;
2 (4) the Boiler and Pressure Vessel Repairer Regulation
3 Act;
4 (5) the Boxing and Full-contact Martial Arts Act;
5 (6) the Illinois Certified Shorthand Reporters Act of
6 1984;
7 (7) the Illinois Farm Labor Contractor Certification
8 Act;
9 (8) the Registered Interior Designers Act;
10 (9) the Illinois Professional Land Surveyor Act of
11 1989;
12 (10) the Landscape Architecture Registration Act;
13 (11) the Marriage and Family Therapy Licensing Act;
14 (12) the Private Employment Agency Act;
15 (13) the Professional Counselor and Clinical
16 Professional Counselor Licensing and Practice Act;
17 (14) the Real Estate License Act of 2000;
18 (15) the Illinois Roofing Industry Licensing Act;
19 (16) the Professional Engineering Practice Act of
20 1989;
21 (17) the Water Well and Pump Installation Contractor's
22 License Act;
23 (18) the Electrologist Licensing Act;
24 (19) the Auction License Act;
25 (20) the Illinois Architecture Practice Act of 1989;
26 (21) the Dietitian Nutritionist Practice Act;
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1 (22) the Environmental Health Practitioner Licensing
2 Act;
3 (23) the Funeral Directors and Embalmers Licensing
4 Code;
5 (24) (blank);
6 (25) the Professional Geologist Licensing Act;
7 (26) the Illinois Public Accounting Act; and
8 (27) the Structural Engineering Practice Act of 1989.
9 (Source: P.A. 102-284, eff. 8-6-21; 103-562, eff. 11-17-23.)
10 (730 ILCS 5/5-5-11 new)
11 Sec. 5-5-11. Civil actions. The Attorney General, any
12 individual aggrieved by a violation of subsection (c) of
13 Section 5-5-5, any entity whose membership includes
14 individuals aggrieved by a violation of subsection (c) of
15 Section 5-5-5, any entity whose mission would be frustrated by
16 a violation of subsection (c) of Section 5-5-5, or any entity
17 that would expend resources in order to fulfill its mission as
18 a result of a violation of subsection (c) of Section 5-5-5, may
19 file an action in a court of competent jurisdiction. This act
20 is intended to benefit and protect the rights of individual
21 voters and to provide a remedy for infringing on the rights
22 granted under this Act.
23 (730 ILCS 5/5-5-12 new)
24 Sec. 5-5-12. Attorney's fees. Upon motion, a court shall
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1 award reasonable attorney's fees and costs, including expert
2 witness fees and other litigation expenses, to a plaintiff in
3 any action brought under Section 5-5-11: (1) who obtains some
4 or all of their requested relief through a judicial judgment
5 in the plaintiff's favor; (2) who obtains some or all of their
6 requested relief through any settlement agreement approved by
7 the court; or (3) whose pursuit of a nonfrivolous claim was a
8 catalyst for a unilateral change in position by the opposing
9 party relative to the relief sought. In awarding reasonable
10 attorney's fees, the court shall consider the degree to which
11 the relief obtained relates to the relief sought.
12 Section 20. The Re-Entering Citizens Civics Education Act
13 is amended by changing Sections 1, 5, 10, 15, 20, 25, 40, and
14 by adding Section 45 as follows:
15 (730 ILCS 200/1)
16 Sec. 1. Short title. This Act may be cited as the
17 Reintegration and Civic Empowerment Re-Entering Citizens
18 Civics Education Act.
19 (Source: P.A. 101-441, eff. 1-1-20.)
20 (730 ILCS 200/5)
21 Sec. 5. Definitions. In this Act:
22 "Co-facilitators" means a committed person at the
23 Department of Juvenile Justice who is specifically trained in
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1 voting rights education, who shall assist in conducting voting
2 and civics education workshops for committed persons at the
3 Department of Juvenile Justice; or a member of an established
4 nonpartisan civic organization who has been trained to conduct
5 voting and civics education workshops who are scheduled for
6 discharge within 12 months.
7 "Committed person" means a person committed and confined
8 to and in the physical custody of the Department of
9 Corrections or the Department of Juvenile Justice.
10 "Commitment" means a judicially determined placement in
11 the physical custody of the Department of Corrections or the
12 Department of Juvenile Justice on the basis of conviction or
13 delinquency.
14 "Correctional institution or facility" means a Department
15 of Corrections or Department of Juvenile Justice building or
16 part of a Department of Corrections or Department of Juvenile
17 Justice building where committed persons are detained in a
18 secure manner.
19 "Detainee" means a committed person in the physical
20 custody of the Department of Corrections or the Department of
21 Juvenile Justice.
22 "Director" includes the Directors of the Department of
23 Corrections and the Department of Juvenile Justice unless the
24 text solely specifies a particular Director.
25 "Discharge" means the end of a sentence or the final
26 termination of a committed person's physical commitment to and
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1 confinement in the Department of Corrections. Discharge means
2 the end of a sentence or the final termination of a committed
3 person's physical commitment to and confinement in the
4 Department of Juvenile Justice.
5 "Peer educator" means a committed person an incarcerated
6 citizen at the Department of Corrections who is specifically
7 trained in voting rights education, who shall conduct voting
8 and civics education workshops for committed persons at the
9 Department of Corrections who are scheduled for discharge
10 within 12 months.
11 "Program" means the nonpartisan peer education and
12 information instruction established by this Act.
13 "Program participant" means a committed person enrolled in
14 the program or otherwise participating in a program workshop.
15 "Re-entering citizen" means any United States citizen who
16 is: 17 years of age or older; in the physical custody of the
17 Department of Corrections or Department of Juvenile Justice;
18 and scheduled to be re-entering society within 12 months.
19 (Source: P.A. 101-441, eff. 1-1-20; 102-374, eff. 1-1-22;
20 102-558, eff. 8-20-21.)
21 (730 ILCS 200/10)
22 Sec. 10. Purpose; program. The purpose of this Act is to
23 advance collective liberation, foster community healing, and
24 establish individuals as active members of the community. The
25 Department of Corrections and the Department of Juvenile
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1 Justice shall implement provide a nonpartisan peer-led civics
2 program throughout the correctional institutions of this State
3 to teach civics to soon-to-be released citizens who will be
4 re-entering society. The goal of the program is to promote the
5 successful integration of re-entering citizens, promote
6 democracy, and reduce rates of recidivism within this State.
7 This program, emphasizing that reintegration must be a
8 collective effort, is designed to impart civics education to
9 committed persons, including those on the verge of re-entering
10 society. The overarching goals of the program are to
11 facilitate the successful reintegration of committed persons
12 into society, champion the principles of democracy, provide
13 vital information to eligible voters among the committed
14 population, contribute to the reduction of recidivism rates
15 within the state, and improve community cohesion, recognizing
16 its significance as a social determinant of health. For young
17 people in particular, the study of civics helps people acquire
18 and learn to use the skills, knowledge, and attitudes that
19 will prepare them to be engaged citizens throughout their
20 lives. This program shall coincide with and enhance existing
21 laws to ensure that committed persons and voters re-entering
22 citizens understand their civic responsibility and know how to
23 secure or, if applicable, regain their right to vote as part of
24 the exit process.
25 (Source: P.A. 101-441, eff. 1-1-20; 102-374, eff. 1-1-22.)
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1 (730 ILCS 200/15)
2 Sec. 15. Curriculum and eligibility.
3 (a) The civics peer education program shall consist of a
4 rigorous curriculum, and participants shall be instructed on
5 subjects including, but not limited to, voting rights,
6 governmental institutions, current affairs, and simulations of
7 voter registration, election, and democratic processes. Each
8 workshop held at the Department of Corrections shall consist
9 of 3 sessions that are 90 minutes each and that do not need to
10 be taken consecutively. The workshops held at the Department
11 of Juvenile Justice shall consist of 270 minutes of
12 instruction. The Department of Corrections shall conduct each
13 of the 3 sessions not less than twice a month at each
14 correctional institution totaling not less than 6 sessions per
15 month at each correctional institution.
16 (b) The Department of Corrections and the Department of
17 Juvenile Justice must offer committed persons the first
18 re-entering citizens scheduled to be discharged within 12
19 months with the civics peer education workshop session within
20 90 days of commitment and must offer and make available the
21 entirety of the civics peer education program to committed
22 persons within 12 months of commitment program, and each
23 re-entering citizen must enroll in the program one to 12
24 months prior to his or her expected date of release. This
25 workshop must be included in the standard exit process.
26 The Department of Corrections and the Department of
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1 Juvenile Justice should aim to include this workshop in
2 conjunction with other commitment pre-release procedures and
3 movements. Delays in a workshop being provided shall not cause
4 delays in discharge. Committed persons may not be prevented
5 from attending workshops due to staffing shortages, lockdowns,
6 or to conflicts with family or legal visits, court dates,
7 medical appointments, commissary visits, recreational
8 sessions, dining, work, class, or bathing schedules. In case
9 of conflict or staffing shortages, committed persons
10 re-entering citizens must be given full opportunity to attend
11 a workshop at a later time.
12 (c) The civics peer education program and workshops must
13 be made available to all committed persons regardless of the
14 date they were first committed or the length of their
15 sentence. Committed persons shall be allowed to enroll in the
16 program multiple times or participate in workshop sessions
17 multiple times. If necessary due to limitations on the number
18 of persons that can attend an individual workshop, the
19 Department of Corrections and the Department of Juvenile
20 Justice may prioritize attendance for participants who have
21 not completed the civics peer education program but shall not
22 otherwise restrict access to the program or workshops on the
23 basis of a person's commitment date or length of sentence,
24 except as necessary to allow a committed person near the end of
25 their term of commitment to complete the program before their
26 release from commitment.
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1 (Source: P.A. 101-441, eff. 1-1-20; 102-374, eff. 1-1-22.)
2 (730 ILCS 200/20)
3 Sec. 20. Peer educator training. The civics peer
4 education program shall be taught by peer educators who are
5 persons citizens incarcerated in Department of Corrections
6 facilities and specially trained by experienced peer educators
7 and established nonpartisan civic organizations. Established
8 nonpartisan civic organizations may be assisted by area
9 political science or civics educators at colleges,
10 universities, and high schools and by nonpartisan
11 organizations providing re-entry services. The nonpartisan
12 civic organizations shall provide adequate training to peer
13 educators on matters including, but not limited to, voting
14 rights, governmental institutions, current affairs, and
15 simulations of voter registration, election, and democratic
16 processes, and shall provide periodic updates to program
17 content and to peer educators.
18 (Source: P.A. 101-441, eff. 1-1-20; 102-374, eff. 1-1-22.)
19 (730 ILCS 200/25)
20 Sec. 25. Voter and civic education program; content.
21 (a) Program content shall provide the following:
22 (1) nonpartisan information on voting history and
23 voting procedures;
24 (2) nonpartisan definitions of local, State, and
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1 federal governmental institutions and offices; and
2 (3) examples and simulations of registration and
3 voting processes, and access to voter registration and
4 voting processes for those individuals who are eligible to
5 vote.
6 (b) Established nonpartisan civic organizations shall
7 provide periodic updates to program content and, if
8 applicable, peer educators and co-facilitators. Updates shall
9 reflect major relevant changes to election laws and processes
10 in Illinois.
11 (c) Program content shall be delivered in the following
12 manners:
13 (1) verbally via peer educators and co-facilitators;
14 (2) broadcasts via Department of Corrections and
15 Department of Juvenile Justice internal television
16 channels; or
17 (3) printed information packets.
18 (d) Peer educators and co-facilitators shall disseminate
19 printed information for voting in the program participant's
20 releasee's county, including, but not limited to, election
21 authorities' addresses, all applicable Internet websites, and
22 public contact information for all election authorities. This
23 information shall be compiled into a civics handbook. The
24 handbook shall also include key information condensed into a
25 pocket information card.
26 (e) The This information in subsections (d) shall also be
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1 compiled electronically and posted on Department of
2 Corrections' and Department of Juvenile Justice's website
3 along with the Department of Corrections' Community Support
4 Advisory Councils websites.
5 (e-1) The Department of Corrections and the Department of
6 Juvenile Justice must make voter registration materials,
7 including access to print or online voter registration forms,
8 available to every committed person eligible to register to
9 vote once each calendar month or provide any such materials
10 within two (2) business days from the date requested by the
11 committed person. At the start of early voting for any
12 election, the Department of Corrections and the Department of
13 Juvenile Justice must make the registration materials
14 described in this section, along with all materials related to
15 obtaining and submitting a ballot, available within 2 business
16 days from the date requested or delivered to the correctional
17 institution. Mail-in ballots shall be considered and treated
18 in the same manner as legal mail and must be made available to
19 the voter within two (2) business days of delivery to the
20 correctional institution. Mail-in ballots must be delivered to
21 a mail carrier within 2 days of a committed person requesting
22 it be mailed unless the relevant election authority
23 coordinates with the correctional facility for an alternative
24 method of delivery.
25 (f) Department Directors shall ensure that the wardens or
26 superintendents of all correctional institutions and
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1 facilities visibly post this information on all common areas
2 of their respective institutions, and shall broadcast the same
3 via in-house institutional information television channels.
4 Directors shall ensure that updated information is distributed
5 in a timely, visible, and accessible manner.
6 (g) The Director of Corrections shall order, in a clearly
7 visible area of each parole office within this State, the
8 posting of a notice stipulating voter eligibility and that
9 contains the current Internet website address and voter
10 registration information provided by State Board of Elections
11 regarding voting rights for citizens released from the
12 physical custody of the Department of Corrections and the
13 Department of Juvenile Justice.
14 (h) All program content and materials shall be
15 distributed annually to the Community Support Advisory
16 Councils of the Department of Corrections for use in re-entry
17 programs across this State.
18 (Source: P.A. 101-441, eff. 1-1-20; 102-374, eff. 1-1-22.)
19 (730 ILCS 200/40)
20 Sec. 40. Voter and civic education program monitoring and
21 enforcement.
22 (a) The Director of Corrections and the Director of
23 Juvenile Justice shall ensure that wardens or superintendents,
24 program, educational, and security and movement staff permit
25 these workshops to take place, and that program participants
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1 re-entering citizens are escorted to workshops in a consistent
2 and timely manner.
3 (b) Compliance with this Act shall be monitored by a
4 report published annually by the Department of Corrections and
5 the Department of Juvenile Justice and containing data, which
6 shall include the following: including
7 (1) numbers of committed persons re-entering citizens
8 who enrolled in the program,
9 (2) numbers of committed persons re-entering citizens
10 who completed the program,
11 (3) numbers of total committed persons,
12 (4) numbers of peer educators,
13 (5) and total numbers of committed persons who exited
14 (including the number of those who were and the number of
15 those under supervision), individuals discharged.
16 (6) numbers of mail-in ballots requested by committed
17 persons,
18 (7) numbers of mail-in ballots delivered to mail
19 carriers from correctional facilities,
20 (8) numbers of voter registration forms submitted to
21 election authorities by committed persons by mail or
22 otherwise.
23 Data shall be disaggregated by institution, discharge, or
24 residence address of citizen, and other factors.
25 (Source: P.A. 101-441, eff. 1-1-20.)
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1 (730 ILCS 200/45 new)
2 Sec. 45. Peer educator pay and stipends. The Department of
3 Corrections shall create and implement paid structures in line
4 with other states' rates for incarcerated teachers, including,
5 but not limited to, professors.
6 Section 99. Effective date. This Act takes effect January
7 1, 2026.
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1 INDEX
2 Statutes amended in order of appearance
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1 INDEX
2 Statutes amended in order of appearance
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