Ill. Admin. Code tit. 20, § 107.560
Award of High School Equivalency Earned Program Sentence Credit and Program Sentence Credit
Effective Nov 29, 202246 Ill. Reg. 19974AUTHORITY: Implementing Sections 3-2-2, 3-3-2, 3-5-1, 3-5-2, 3-6-3, 3-8-1, 5-4-1, 5-4.5-100 and 5-8-6 of the Unified Code of Corrections [730 ILCS 5] and Section 1-7 of the Juvenile Court Act of 1987 [705 ILCS 405] and authorized by Section 3-7-1 of the Unified Code of Corrections [730 ILCS 5]. Subparts B and F are also implementing two Supreme Court rulings (Barger v. Peters, 163 Ill.2d 357, 645 N.E.2d 175, 1994 and State of Illinois v. Jameson, 162 Ill.2d 282, 642 N.E.2d 1207, 1994. Subpart D is also implementing two Consent Decrees (Beavers vs. Sielaff, #75 C 317, N.D. Ill., 1977, and Lower vs. Franzen, #78 C 1870, N.D. Ill., 1980) and Section 8-802 of the Code of Civil Procedure [735 ILCS 5].DEPARTMENT OF CORRECTIONS
- a) Determine whether the individual in custody achieved the required goals or was making satisfactory progress toward achieving the goals in accordance with Section 107.550(g).
- b) Document the determination of ineligibility or the award of the High School Equivalency (HSE) certificate. Awarded HSE earned program sentence credit shall only be subject to revocation if it is subsequently determined that the individual in custody was not eligible for the award. Partial HSE earned program sentence credit shall not be awarded.
- c) Document the determination of ineligibility or the number of calendar days during the goal period for which the individual in custody is eligible to receive earned program sentence credit. The days eligible for the award shall be the number of calendar days during the goal period, less the total number of days of lockdowns, days the offender was absent, and days in which class or the program assignment was cancelled.
- d) Ensure earned program sentence credit is computed at the appropriate rate, 0.25 or 0.5, in accordance with Section 107.520(a), (b) or (c).
- e) Document the award of HSE earned program sentence credit or program sentence credit submitted for the review and approval of the Director or Director's designee. A copy of the award of HSE earned program sentence credit or earned program sentence credit shall be placed in the individual's master record file.
- f) Document that the individual in custody was advised in writing of the award of HSE program sentence credit or program sentence credit or the determination of ineligibility of the award.
- g) Document that new goal periods and goals were established upon continued placement or re-enrollment in educational programs or continued placement in substance abuse programs, behavioral modification programs, life skills courses, re-entry planning, or Correctional Industries assignments in accordance with this Subpart.
Within 15 working days, whenever feasible, after completion of the goal period or removal from the program, the program administrator or Chief Administrative Officer shall:
(Source: Amended at 46 Ill. Reg. 19974, effective November 29, 2022)