IllinoisIllinois prisoners with documented disabilities can qualify for program test waivers
In Illinois Department of Corrections facilities, people with documented intellectual or developmental disabilities can qualify for test waivers and earn sentence credit through program participation.
What it does
Incarcerated people with documented intellectual or developmental disabilities qualify for a waiver of the test used to enter education, work, or vocational programs.
People with disabilities who take part in programs through a test waiver or other accommodation can earn sentence credit, subject to placement limits and program exclusions.
The Department must give incarcerated people accessible information about waivers and grievances, and track waiver, program, and sentence-credit outcomes.
Argument forPeople with documented disabilities may qualify for programs without passing a standard test and earn sentence credit through participation.
Argument againstPeople may still wait for a program place or miss out because they must submit disability records, and prison capacity and security rules still limit placement.
More detail
The Department of Corrections must make a person eligible for a waiver of the required test. This covers the Test of Adult Basic Education, a replacement test, or a similar test used to decide access to education, employment, or vocational programs. The person must disclose an intellectual or developmental disability and provide records verifying it. The person must submit the records. The Department must explain which records it accepts and how to submit them. If verifying records are unavailable, the Department may review available records. At the person’s parent facility, the Department must decide a waiver request within 60 days after it is submitted.
The Department must count participation through a test waiver or other reasonable accommodations toward earned program sentence credit. This covers incarcerated people with intellectual or developmental disabilities who take part in covered programs, including education, work, and vocational programs. Program participation remains subject to available places, waitlists, security classification, release timing, and other placement rules. This does not apply to adult education or programs administered or approved by the Illinois Community College Board in Department of Corrections facilities.
The Department must provide accessible information about waivers and grievances, and report yearly data on waiver requests and outcomes. The Department must make materials available through intake, program access, reentry planning, and other disability disclosure routes. Materials must explain how to disclose a disability, submit records, and file a grievance if access is denied. Large-print and audio formats must be available on request. Starting March 31, 2028, the Department must report each year to the Governor and General Assembly on the previous fiscal year.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Aug 7Public Act . . . . . . . . . 104-0757Latest
- Aug 7Effective Date August 7, 2026
- Aug 7Governor J. B. Pritzker ApprovedBecame Law
- Jun 26Sent to the GovernorTo Governor
- May 31Passed Both Houses
- Vote recorded Concurrence, Amendment 1. Result: pass.Lower
- May 31House Concurs
- May 31Senate Floor Amendment No. 1 House Concurs 080-036-000
- May 29Senate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Restorative Justice & Public Safety Committee; 006-002-000
- Vote recorded Do Pass, Amendment 1. Result: pass.Lower
- May 29Senate Floor Amendment No. 1 Motion to Concur Rules Referred to Restorative Justice & Public Safety Committee
- May 29Senate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
- May 29Senate Floor Amendment No. 1 Motion Filed Concur Rep. Laura Faver Dias
- May 28Placed on Calendar Order of Concurrence Senate Amendment(s) 1
- Vote recorded Third Reading. Result: pass.Upper
- May 28Arrived in HouseMinor
- May 28Third Reading - Passed; 045-011-000Passed Senate
- May 28Placed on Calendar Order of 3rd Reading
- May 28Senate Floor Amendment No. 1 Adopted; JohnsonMajor
- May 28Recalled to Second ReadingMinor
- May 26Senate Floor Amendment No. 1 Recommend Do Adopt Criminal Law; 006-003-000
- Vote recorded Do Pass, Amendment 1. Result: pass.Upper
- May 22Rule 2-10 Third Reading Deadline Established As May 31, 2026
- May 20Senate Floor Amendment No. 1 Assignments Refers to Criminal Law
- May 19Senate Floor Amendment No. 1 Referred to Assignments
- May 19Senate Floor Amendment No. 1 Filed with Secretary by Sen. Adriane L. JohnsonMinor
- May 14Placed on Calendar Order of 3rd Reading May 18, 2026
- May 14Second ReadingMinor
- May 6Placed on Calendar Order of 2nd Reading May 7, 2026Minor
- May 6Do Pass Criminal Law; 006-002-000
- May 5
- Vote recorded Do Pass. Result: pass.Upper
- Apr 29Added as Alternate Co-Sponsor Sen. Celina Villanueva
- Apr 29Added as Alternate Co-Sponsor Sen. Mike Simmons
- Apr 29Added as Alternate Co-Sponsor Sen. Meg Loughran Cappel
- Apr 29Added as Alternate Co-Sponsor Sen. Graciela Guzmán
- Apr 29Added as Alternate Co-Sponsor Sen. Karina Villa
- Apr 29Added as Alternate Co-Sponsor Sen. Willie Preston
- Apr 29Added as Alternate Co-Sponsor Sen. Mary Edly-Allen
- Apr 29Added as Alternate Co-Sponsor Sen. Lakesia Collins
- Apr 29Added as Alternate Co-Sponsor Sen. Rachel Ventura
- Apr 28Assigned to Criminal LawMinor
- Apr 22Alternate Chief Sponsor Changed to Sen. Adriane L. Johnson
- Apr 21Referred to Assignments
- Apr 21First ReadingMinor
- Apr 21Chief Senate Sponsor Sen. Mary Edly-Allen
- Apr 21Placed on Calendar Order of First ReadingMinor
- Apr 21Arrive in SenateMinor
- Apr 16Added Co-Sponsor Rep. Nicolle Grasse
- Vote recorded Third Reading. Result: pass.Lower
- Vote recorded Do Pass, Amendment 1. Result: pass.Lower
- Apr 16Added Co-Sponsor Rep. Maura Hirschauer
- Apr 16Third Reading - Short Debate - Passed 072-034-000Passed House
- Apr 16Placed on Calendar Order of 3rd Reading - Short Debate
- Apr 16House Floor Amendment No. 1 AdoptedMajor
- Apr 16Recalled to Second Reading - Short DebateMinor
- Apr 16House Floor Amendment No. 1 Recommends Be Adopted Restorative Justice & Public Safety Committee; 007-003-000Minor
- Apr 9Added Chief Co-Sponsor Rep. Sonya M. Harper
- Apr 8House Floor Amendment No. 1 Rules Refers to Restorative Justice & Public Safety Committee
- Apr 8House Floor Amendment No. 1 Referred to Rules Committee
- Apr 8House Floor Amendment No. 1 Filed with Clerk by Rep. Laura Faver DiasMinor
- Apr 6Added Co-Sponsor Rep. Barbara Hernandez
- Apr 6Added Co-Sponsor Rep. Carol Ammons
- Feb 13Placed on Calendar Order of 3rd Reading - Short Debate
- Feb 11Approved for Consideration Rules Committee; 005-000-000
- 2025
- Apr 11Rule 19(a) / Re-referred to Rules Committee
- Apr 1Added Co-Sponsor Rep. Edgar González, Jr.
- Mar 25Placed on Calendar Order of 3rd Reading - Short Debate
- Mar 25Second Reading - Short DebateMinor
- Mar 13Placed on Calendar 2nd Reading - Short DebateMinor
- Vote recorded Do Pass. Result: pass.Lower
- Mar 13Do Pass / Short Debate Restorative Justice & Public Safety Committee; 007-003-000
- Feb 27Added Co-Sponsor Rep. Mary Beth Canty
- Feb 27Added Co-Sponsor Rep. Lisa Davis
- Feb 27Added Co-Sponsor Rep. Maurice A. West, II
- Feb 27Chief Co-Sponsor Changed to Rep. Michael Crawford
- Feb 27Added Chief Co-Sponsor Rep. Michael Crawford
- Feb 27Added Co-Sponsor Rep. Lilian Jiménez
- Feb 25Assigned to Restorative Justice & Public Safety CommitteeMinor
- Feb 21Added Co-Sponsor Rep. Michelle Mussman
- Feb 5Added Co-Sponsor Rep. Camille Y. Lilly
- Feb 5Added Chief Co-Sponsor Rep. Kelly M. Cassidy
- Jan 28Referred to Rules Committee
- Jan 28First ReadingMinor
- Jan 28Filed with the Clerk by Rep. Laura Faver DiasIntroduced
Disability RightsCriminal JusticeEducation