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2018ILLINOISREGISTERRULESRules ofOF GOVERNMENTALGovernmental AgenciesAGENCIESVolume 42, Issue 37September 14, 2018Pages 16,574 - 16,784Index DepartmentIndexDepartmentAdministrativeCode DivisionAdministrativeCode111 E. MonroeSt. Division111E. nted on recycled paperPrinted by authority of the State of Illinois. September --- 70PUBLISHED BY JESSE WHITE SECRETARY OF STATE

TABLE OF CONTENTSSeptember 14, 2018 Volume 42, Issue 37PROPOSED RULESCORRECTIONS, DEPARTMENT OFRecords of Offenders20 Ill. Adm. Code 107.16574PUBLIC HEALTH, DEPARTMENT OFBirth Center Demonstration Program Code77 Ill. Adm. Code 265.16604Certified Local Health Department Code77 Ill. Adm. Code 600.16622STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOISThe Administration and Operation of the State Employees'Retirement System of Illinois80 Ill. Adm. Code 1540.16646ADOPTED RULESCENTRAL MANAGEMENT SERVICES, DEPARTMENT OFPay Plan80 Ill. Adm. Code 310.16651HEALTHCARE AND FAMILY SERVICES, DEPARTMENT OFMedical Assistance Programs89 Ill. Adm. Code 120.16712Specialized Health Care Delivery Systems89 Ill. Adm. Code 146.16731PUBLIC HEALTH, DEPARTMENT OFCommunity-Based Residential Rehabilitation Center DemonstrationProgram Code77 Ill. Adm. Code 220.16740STATE BOARD OF INVESTMENT, ILLINOISState (of Illinois) Employees' Deferred Compensation Plan80 Ill. Adm. Code 2700.16757EMERGENCY RULESSTATE BOARD OF ELECTIONSCyber Navigator Program26 Ill. Adm. Code 213.16769JOINT COMMITTEE ON ADMINISTRATIVE RULES AGENDAJOINT COMMITTEE ON ADMINISTRATIVE RULESSeptember Agenda.16778SECOND NOTICES RECEIVEDJOINT COMMITTEE ON ADMINISTRATIVE RULESSecond Notices Received.16783OTHER INFORMATION REQUIRED BY LAW TO BE PUBLISHED IN THEILLINOIS REGISTERi

CHIEF PROCUREMENT OFFICER FOR HIGHER EDUCATIONNotice of Public Information.16784ii

INTRODUCTIONThe Illinois Register is the official state document for publishing public notice of rulemakingactivity initiated by State governmental agencies. The table of contents is arranged categoricallyby rulemaking activity and alphabetically by agency within each category.Rulemaking activity consists of proposed or adopted new rules; amendments to or repealers ofexisting rules; and rules promulgated by emergency or peremptory action. Executive Orders andProclamations issued by the Governor; notices of public information required by State Statute;and activities (meeting agendas; Statements of Objection or Recommendation, etc.) of the JointCommittee on Administrative Rules (JCAR), a legislative oversight committee which monitorsthe rulemaking activities of State Agencies; is also published in the Register.The Register is a weekly update of the Illinois Administrative Code (a compilation of the rulesadopted by State agencies). The most recent edition of the Code, along with the Register,comprise the most current accounting of State agencies' rulemakings.The Illinois Register is the property of the State of Illinois, granted by the authority of the IllinoisAdministrative Procedure Act [5 ILCS 100/1-1, et seq.].ILLINOIS REGISTER PUBLICATION SCHEDULE FOR 5Rules Due DateDecember 26, 2017January 2, 2018January 8, 2018January 16, 2018January 22, 2018January 29, 2018February 5, 2018February 13, 2018February 20, 2018February 26, 2018March 5, 2018March 12, 2018March 19, 2018March 26, 2018April 2, 2018April 9, 2018April 16, 2018April 23, 2018April 30, 2018May 7, 2018May 14, 2018May 21, 2018May 29, 2018June 4, 2018June 11, 2018iiiDate of IssueJanuary 5, 2018January 12, 2018January 19, 2018January 26, 2018February 2, 2018February 9, 2018February 16, 2018February 23, 2018March 2, 2018March 9, 2018March 16, 2018March 23, 2018March 30, 2018April 6, 2018April 13, 2018April 20, 2018April 27, 2018May 4, 2018May 11, 2018May 18, 2018May 25, 2018June 1, 2018June 8, 2018June 15, 2018June 22, 2018

5152June 18, 2018June 25, 2018July 2, 2018July 9, 2018July 16, 2018July 23, 2018July 30, 2018August 6, 2018August 13, 2018August 20, 2018August 27, 2018September 4, 2018September 10, 2018September 17, 2018September 24, 2018October 1, 2018October 9, 2018October 15, 2018October 22, 2018October 29, 2018November 5, 2018November 13, 2018November 19, 2018November 26, 2018December 3, 2018December 10, 2018December 17, 2018ivJune 29, 2018July 6, 2018July 13, 2018July 20, 2018July 27, 2018August 3, 2018August 10, 2018August 17, 2018August 24, 2018August 31, 2018September 7, 2018September 14, 2018September 21, 2018September 28, 2018October 5, 2018October 12, 2018October 19, 2018October 26, 2018November 2, 2018November 9, 2018November 16, 2018November 26, 2018November 30, 2018December 7, 2018December 14, 2018December 21, 2018December 28, 2018

ILLINOIS REGISTER1657418ILLINOIS DEPARTMENT OF CORRECTIONSNOTICE OF PROPOSED AMENDMENTS1)Heading of the Part: Records of Offenders2)Code Citation: 20 Ill. Adm. Code 1073)Section 7.5704)Statutory Authority: Implementing 730 ILCS 5/3-2-2, 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 and 705 ILCS 405/1-7 and authorized by 730 ILCS 5/3-7-1.Subparts B and F also implement 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 1207,1994.5)A Complete Description of the Subjects and Issues Involved: In accordance with PA 99938 and 100-3, this rulemaking is proposed to reflect the revised structure for the earnedsentence credit program and the minimum standards, exclusionary criteria, andconsiderations for said awards of credit to reduce the sentences of offenders.Additionally language has been revised to allow for release of criminal historyrecords/transcripts in accordance with ISP Code.Proposed entAmendmentAmendmentNew dmentAmendmentAmendment

ILLINOIS REGISTER1657518ILLINOIS DEPARTMENT OF CORRECTIONSNOTICE OF PROPOSED AMENDMENTS6)Any published studies or reports, along with the sources of underlying data, that wereused when composing this rulemaking: No7)Will this rulemaking replace any emergency rule currently in effect? No8)Does this rulemaking contain an automatic repeal date? No9)Does this rulemaking contain incorporations by reference? No10)Are there any other rulemakings pending on this Part? No11)Statement of Statewide Policy Objective: This rulemaking does not affect units of localgovernment.12)Time, Place and Manner in which interested persons may comment on this proposedrulemaking: Interested persons may submit written comments during the 45-day FirstNotice Period, which commences on the issue date of this publication of the IllinoisRegister to:Echo Beekman, Rules CoordinatorIllinois Department of Corrections1301 Concordia CourtPO Box 19277Springfield IL 62794-9277217/558-2200, extension 6507echo.beekman@doc.illinois.govAll written comments received after 45 days from the date of this publication will beconsidered, time permitting.13)Initial Regulatory Flexibility Analysis:A)Types of small businesses, small municipalities and not-for-profit corporationsaffected: NoneB)Reporting, bookkeeping or other procedures required for compliance: None

ILLINOIS REGISTERILLINOIS DEPARTMENT OF CORRECTIONSNOTICE OF PROPOSED AMENDMENTSC)14)Types of professional skills necessary for compliance: NoneRegulatory Agenda on which this rulemaking was summarized: January 2018The full text of the Proposed Amendments begins on the next page:1657618

ILLINOIS REGISTER1657718ILLINOIS DEPARTMENT OF CORRECTIONSNOTICE OF PROPOSED AMENDMENTSTITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENTCHAPTER I: DEPARTMENT OF CORRECTIONSSUBCHAPTER a: ADMINISTRATION AND RULESPART 107RECORDS OF OFFENDERSSUBPART A: ADMISSION ityResponsibilitiesDefinitionsRequired Admission DocumentsSUBPART B: DIMINUTION OF onsDiminution of Felony SentencesGood Time Schedules and Sentence Credit Applicable to Felony SentencesConsecutive SentencesConcurrent SentencesEarned Discretionary Sentence CreditSupplemental Sentence CreditEarned Program Sentence CreditRevocation of Time and CreditRestoration of Time and CreditInstitution Credits (Repealed)Misdemeanant Good Time Allowance (Repealed)Reporting of Earned Sentence CreditSUBPART C: MERITORIOUS GOOD TIME, SUPPLEMENTAL SENTENCE CREDIT,AND EARNED DISCRETIONARY SENTENCE lities

ILLINOIS REGISTER1657818ILLINOIS DEPARTMENT OF CORRECTIONSNOTICE OF PROPOSED warding of Earned DiscretionarySupplemental Sentence CreditReporting of Supplemental Sentence Credit (Repealed)Revocation and Restoration of Earned DiscretionarySupplemental SentenceCreditSUBPART D: MAINTENANCE OF onsAccess to RecordsDisclosure of Master Record File Material for Youth Committed to the JuvenileDivision – Court AgreementRelease of Clinical Records to Offenders and Authorized Attorneys (AdultFacilities Excluding Transition Centers) – Court AgreementRelease of Clinical Records to Offenders and Authorized Attorneys (TransitionCenters)SUBPART E: ACCESS AND REVIEW OFCRIMINAL HISTORY RECORD Right to Access and ReviewRequests for Access and ReviewChallenge of RecordSUBPART F: HIGH SCHOOL EQUIVALENCYAND PROGRAM SENTENCE lityResponsibilitiesDefinitionsEligibility for Earned Program Sentence Credit

ILLINOIS REGISTER1657918ILLINOIS DEPARTMENT OF CORRECTIONSNOTICE OF PROPOSED 70High School Equivalency EarnedGeneral Education Development ProgramSentence CreditGoal StatementsProgram GoalsGoal PeriodsAward of High School Equivalency EarnedGED Program Sentence Credit andProgram Sentence CreditRevocation and Restoration of Earned Program Sentence CreditAUTHORITY: Implementing Sections 3-2-2, 3-3-2, 3-5-1, 3-5-2, 3-6-3, 3-8-1, 5-4-1, 5-4.5-100and 5-8-6 of the Unified Code of Corrections [730 ILCS 5/3-2-2, 3-3-2, 3-5-1, 3-5-2, 3-6-3, 3-81, 5-4-1, 5-4.5-100 and 5-8-6] and Section 1-7 of the Juvenile Court Act of 1987 [705 ILCS405/1-7] and authorized by Section 3-7-1 of the Unified Code of Corrections [730 ILCS 5/3-71]. Subparts B and F are also implementing two Supreme Court rulings (Barger v. Peters, 163Ill.2d 357, 645 N.E.2d 175, 1994 and State of Illinois v. Jameson, 162 Ill.2d 282, 642 N.E.2d1207, 1994. Subpart D is also implementing two Consent Decrees (Beavers vs. Sielaff, #75 C317, N.D. Ill., 1977, and Lower vs. Franzen, #78 C 1870, N.D. Ill., 1980) and Section 8-802 ofthe Code of Civil Procedure [735 ILCS 5/8-802].SOURCE: Adopted at 8 Ill. Reg. 14572, effective August 1, 1984; amended at 10 Ill. Reg.20497, effective January 1, 1987; amended at 13 Ill. Reg. 6992, effective May 1, 1989;emergency amendment at 14 Ill. Reg. 12273, effective July 17, 1990, for a maximum of 150days; modified in response to an objection of the Joint Committee on Administrative Rules at 14Ill. Reg. 15600, not to exceed the 150 day time limit of the original rulemaking; amended at 14Ill. Reg. 18461, effective November 1, 1990; emergency amendment at 14 Ill. Reg. 20074,effective December 1, 1990, for a maximum of 150 days; amended at 15 Ill. Reg. 5638, effectiveApril 15, 1991; emergency amendment at 17 Ill. Reg. 16215, effective September 17, 1993, for amaximum of 150 days; amended at 18 Ill. Reg. 2939, effective February 14, 1994; amended at20 Ill. Reg. 6745, effective May 5, 1996; amended at 37 Ill. Reg. 1598, effective February 1,2013; recodified at 42 Ill. Reg. 16362; amended at 42 Ill. Reg. , effective .SUBPART B: DIMINUTION OF SENTENCESection 107.107 Definitions"Chief Administrative Officer" means the highest ranking official of acorrectional facility.

ILLINOIS REGISTER1658018ILLINOIS DEPARTMENT OF CORRECTIONSNOTICE OF PROPOSED AMENDMENTS"Compensatory Good Time" means the award of time used to offset the length ofan indeterminate sentence, as calculated under the Statutory Good TimeCalculations tables awarded at the rate of 7.5 days for each month in custody oron a prorated basis in accordance with the Prorated Compensatory Good Timetable (see Section 107.120(c))."Day for Day Credit" means the award of time used to offset the length of anindeterminate sentence based upon the date the offender was sentenced, the datethe offense was committed, and the remaining portion of the sentence to be servedon or after February 1, 1978, as provided in Section 107.120."Department" means the Department of Corrections."Director" means the Director of the Department."Earned Discretionary Sentence Credit" means the award of additional earnedsentence credit made on or after January 1, 2018 (effective date of PA 99-0938) tooffset the length of an eligible sentence as determined at the sole discretion of theDirector, or his or her designee, as set forth in Section 3-6-3(a)(3) of the UCOC."Earned Program Sentence Credit" means the award of time to offset the length ofa determinate sentence for eligible offenders who have successfully participatedin substance abuse programming, Correctional Industries assignments, vocationalor academic educational programs, behavior modification programs, life skillscourses, or re-entry planning on or after January 1, 2018."Program Sentence Credit" means the award of time to offset the length of adeterminate sentence for eligible offenders who have successfully participated insubstance abuse programming, Correctional Industries assignments, vocational oracademic educational programs, behavior modification programs, life skillscourses, or re-entry planning prior to January 1, 2018."Statutory Good Time" means the award of time to offset the length of aminimum and maximum indeterminate sentence for an offense committed prior toFebruary 1, 1978, as calculated in accordance with the Statutory Good TimeCalculations table (see Section 107.120(a) and (b))."Statutory Sentence Credit" or "Earned Statutory Sentence Credit" means theaward of time to offset the length of a determinate sentence for an offense

ILLINOIS REGISTER1658118ILLINOIS DEPARTMENT OF CORRECTIONSNOTICE OF PROPOSED AMENDMENTScommitted on or after February 1, 1978, pursuant to Sections 3-6-3(a)(2), (a)(2.1),(a)(2.3), (a)(2.4), (a)(2.5) and (a)(2.6) of the UCOC."Supplemental Sentence Credit" means the award of additional sentence creditmade on or after June 22, 2012 but prior to January 1, 2018 to offset the length ofsentence based on the offender's good conduct as determined at the sole discretionof the Director, or his or her designee, as set forth in Section 3-6-3(a)(3) of theUCOC."UCOC" means the Unified Code of Corrections [730 ILCS 5].(Source: Amended at 42 Ill. Reg. , effective )Section 107.110 Diminution of Felony Sentencesa)Offenders serving indeterminate sentences shall appear before the PrisonerReview Board prior to their parole eligibility date after having served theirminimum sentence or 20 years (whichever is less), less applicable statutory goodtime, compensatory good time, and day for day credit.b)In the event an offender must serve the maximum indeterminate sentence, he orshe shall be released after serving the maximum of the sentence, less applicablestatutory good time, compensatory good time, and day for day credit.c)An offender serving a determinate sentence shall be released after serving his orher determinate sentence, less any applicable credit awarded or earned inaccordance with this Part.(Source: Amended at 42 Ill. Reg. , effective )Section 107.120 Good Time Schedules and Sentence Credit Applicable to Felony Sentencesa)Statutory good time on indeterminate sentences, with reference to the minimumand maximum sentences, shall be calculated in accordance with the followingtable for offenders sentenced prior to June 1, 1977, if the schedule contained inthe table would be more beneficial to the offender than awarding day for daycredit as of February 1, 1978.

ILLINOIS REGISTER1658218ILLINOIS DEPARTMENT OF CORRECTIONSNOTICE OF PROPOSED AMENDMENTSStatutory Good Time Calculations for ThoseSentenced Prior to June 1, 1977*SENTENCE1st year2nd year3rd year4th year5th year6th year7th year8th year9th year10th year11th year12th year13th year14th year15th year16th year17th year18th year19th year20th yearTIME TO BE SERVED11 months1 year and 9 months2 years and 6 months3 years and 2 months3 years and 9 months4 years and 3 months4 years and 9 months5 years and 3 months5 years and 9 months6 years and 3 months6 years and 9 months7 years and 3 months7 years and 9 months8 years and 3 months8 years and 9 months9 years and 3 months9 years and 9 months10 years and 3 months10 years and 9 months11 years and 3 months*AGENCY NOTE: On the maximum sentence, six months of statutory good timeis earned for each additional sentence year.b)Statutory good time on indeterminate sentences, with reference to the minimumand maximum sentences, shall be calculated in accordance with the followingtable for all persons sentenced to the Department on or after June 1, 1977, butprior to February 1, 1978, for establishing the time credit for that portion of thesentence that was served prior to February 1, 1978.Statutory Good Time Calculations for ThoseSentenced On or After June 1, 1997*SENTENCE1st yearTIME TO BE SERVED9 months

ILLINOIS REGISTER1658318ILLINOIS DEPARTMENT OF CORRECTIONSNOTICE OF PROPOSED AMENDMENTS2nd year3rd year4th year5th year1 year and 6 months2 years and 3 months3 years3 years and 9 months*AGENCY NOTE: Three months statutory good time shall be earned for eachadditional sentence year.c)1)For those offenders whose sentences are calculated under the table insubsection (b), the remaining portion of the sentence served on or afterFebruary 1, 1978 shall be credited with day for day credits.2)For an offender who is sentenced on or after June 1, 1977, but prior toFebruary 1, 1978, for an offense committed prior to June 1, 1977, the tablein subsection (a) shall be used if it would be more beneficial to theoffender in calculating the minimum or maximum sentence or both.Compensatory good time shall be earned on those indeterminate sentences orportions of a sentence that are calculated under the statutory good time tables.Compensatory

ILLINOIS REGISTER PUBLICATION SCHEDULE FOR 2018 Issue# Rules Due Date Date of Issue 1 December 26, 2017 January 5, 2018 2 January 2, 2018 January 12, 2018 3 January 8, 2018 January 19, 2018 4 January 16, 2018 January 26, 2018 . 107.340 Release of Clinical Records to Offenders and Authorized Attorneys (Transition Centers)

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