Public Act 0757 104TH GENERAL ASSEMBLY

HB1810 Enrolled LRB104 08077 RLC 18123 b

Public Act 104-0757

AN ACT concerning incarcerated individuals with intellectual or developmental disabilities.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Equitable Access to Education, Employment, and Training for Incarcerated Individuals with Disabilities Act.

Section 5. Findings and purpose.

(a) Findings. The General Assembly finds that:

(1) Individuals with an intellectual disability or a developmental disability face systemic barriers to accessing educational programs, work assignments, and vocational programs in correctional settings.

(2) Required standardized assessments, such as the Test of Adult Basic Education, do not adequately accommodate the unique cognitive and learning needs of individuals with an intellectual disability or a developmental disability.

(3) Exclusion from such programs undermines rehabilitation efforts, increases recidivism rates, and violates equity and inclusion principles.

(4) Tailored accommodations, including the Test of Adult Basic Education waiver, are essential for compliance with federal laws, such as the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973.

(5) The requirement to meet the Test of Adult Basic Education standards unfairly denies individuals who are incarcerated and have an intellectual disability or a developmental disability the opportunity to earn program sentence credit, also referred to as "good time served", on the same terms as their peers, further exacerbating inequities in rehabilitation outcomes.

(b) Purpose. The purpose of this Act is to mandate equitable access to work, educational, or vocational assignments for incarcerated individuals with an intellectual disability or a developmental disability by:

(1) Establishing a waiver for the Test of Adult Basic Education requirement, its successor, or any similar examination used to measure academic achievement, to ensure that incarcerated individuals with an intellectual disability or developmental disability can qualify for participation in educational and vocational programs offering earned program sentence credit.

(2) Ensuring that incarcerated individuals with an intellectual disability or a developmental disability have equal access to earned program sentence credit opportunities through participation in educational programs, work assignments, and vocational programs.

(3) Participation in programs remains subject to facility availability, waitlists, security classification, release timing, and other operational placement criteria.

Section 10. Definitions. In this Act:

"Department" means the Department of Corrections.

"Developmental disability" has the meaning ascribed to the term in Section 1-106 of the Mental Health and Developmental Disabilities Code.

"Intellectual disability" has the meaning ascribed to the term in Section 1-116 of the Mental Health and Developmental Disabilities Code.

"Program" means behavioral modification, life skills, reentry planning, Correctional Industries, substance use, educational, career and technical education, self-improvement, vocational, clinical service, approved volunteer activities, or work assignments.

Section 15. Reasonable accommodations; Test of Adult Basic Education waiver.

(a) When an incarcerated individual discloses that the incarcerated individual has an intellectual disability or a developmental disability and provides documentation verifying such disability, the incarcerated individual shall be eligible for a waiver of any requirement to take or receive a passing score on the Test of Adult Basic Education, or any successor examination used to determine access to educational, employment, or vocational programs.

(b) Documentation verifying an intellectual disability or a developmental disability may include, but is not limited to:

(1) a prior Individualized Education Program (IEP);

(2) documentation of eligibility for developmental disability services;

(3) a psychological or neuropsychological evaluation; or

(4) documentation from the Department of Human Services or a community provider. If verifying documentation is unavailable, the Department may use available records to review submitted information.

(c) The incarcerated individual shall be responsible for submitting documentation verifying an intellectual disability or developmental disability. The Department shall provide notice of acceptable forms of documentation and instructions for submission.

(d) The Department shall establish multiple pathways for disclosure and collection of information verifying an intellectual disability or a developmental disability including, but not limited to:

(1) during intake and classification;

(2) during intake from a county jail or mental health facility;

(3) during the process of receiving an individual who is transferred from the Department of Juvenile Justice, another State agency or a State-operated facility;

(4) at the time of requesting access to educational, employment, or vocational programs; or

(5) during re-entry planning.

(e) Upon disclosure, the Department shall provide written and verbal notice to the individual explaining:

(1) the availability of a Test of Adult Basic Education waiver;

(2) the verification process; and

(3) the impact of a waiver on eligibility for programs and earned program sentence credit.

(f) At the parent facility, the determination of a waiver request must be made within 60 days after the request is submitted.

(g) Participation in these programs through the Test of Adult Basic Education waiver and other reasonable accommodations shall qualify individuals with an intellectual disability or a developmental disability to earn earned program sentence credit, consistent with opportunities provided to other incarcerated individuals.

Section 20. Informational materials.

(a) The Department shall develop, in collaboration with the Illinois Council on Developmental Disabilities and other disability organizations in Illinois, accessible informational materials written in plain English, Spanish, and other languages appropriate to reach the population of incarcerated individuals explaining:

(1) the availability of accommodations and waivers under this Act;

(2) how to disclose a disability;

(3) how to submit documentation to verify an intellectual disability or developmental disability; and

(4) grievance rights if access is denied.

(b) Informational materials shall be made available to incarcerated individuals through intake, program access, re-entry planning, and other disclosure pathways established under this Act.

(c) Informational materials shall be available in alternative formats upon request, including large print and audio.

Section 25. Staff training and education.

(a) Department staff, including educational personnel, may receive annual training on providing accommodations and supports and for administering optional vocational interest and skills questionnaires used solely to support placement into existing programs after waiver approval.

(b) To facilitate staff training and education the Department shall develop:

(1) standardized disability disclosure procedures;

(2) verification and documentation review protocols;

(3) training modules for intake, educational, mental health and re-entry staff; and

(4) data collection procedures to track waiver requests, approvals, denials, and outcomes.

Section 30. Compliance and enforcement.

(a) The Department shall ensure compliance with federal disability laws, including the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973, through the implementation of this Act.

(b) Individuals with an intellectual disability or a developmental disability who are denied access to programs or accommodations under this Act may file a grievance through the Department's established grievance procedures.

(c) No later than March 31 of each year beginning on March 31, 2028, the Department shall report the following aggregate data to the Governor and the General Assembly for the previous fiscal year:

(1) the number of individuals identified through the pathways in subsection (d) of Section 15;

(2) the number of waiver requests received;

(3) the number of waivers approved and denied;

(4) the number of individuals with a documented intellectual disability or developmental disability who received a waiver and participated in programs;

(5) the number of individuals with a documented intellectual disability or developmental disability who received a waiver but did not participate in programs; and

(6) the earned program sentence credit outcomes for individuals receiving waivers.

Section 35. Applicability. Nothing in this Act shall be construed to apply to or affect adult education or any program administered or approved by the Illinois Community College Board within facilities of the Department of Corrections.

Section 99. Effective date. This Act takes effect upon becoming law.