Bill Text: IL HB1810 | 2025-2026 | 104th General Assembly | Enrolled

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Bill Title: Reinserts the provisions of the engrossed bill. Changes references from "earned sentence credit" to "earned program sentence credit". Provides that the incarcerated individual shall be responsible for submitting documentation verifying an intellectual disability or developmental disability. Provides that the Department of Corrections shall provide notice of acceptable forms of documentation and instructions for submission. Provides that Department staff, including educational personnel, may receive annual training on providing accommodations and supports administering optional vocational interest and skills questionnaires used solely to support placement into existing programs after waiver approval. Provides that the informational materials provided to incarcerated persons on disabilities shall include information on how to submit documentation to verify an intellectual disability or developmental disability. Provides that informational materials shall be made available to incarcerated individuals through intake, program access, re-entry planning, and other disclosure pathways established under the Equitable Access to Education, Employment, and Training for Incarcerated Individuals with Disabilities Act. Makes other changes. Effective immediately.

Sponsorship: Partisan Bill (Democrat 25)

Status: (Passed) 2026-08-07 - Public Act . . . . . . . . . 104-0757 [HB1810 Detail]

Download: Illinois-2025-HB1810-Enrolled.html

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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

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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

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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

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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

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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

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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;

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(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;

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(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.