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Public Act 102-0606 |
HB3235 Enrolled | LRB102 15062 KMF 20417 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by |
changing Section 3-14-1 as follows:
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(730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
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Sec. 3-14-1. Release from the institution.
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(a) Upon release of a person on parole, mandatory release, |
final
discharge or pardon the Department shall return all |
property held for
him, provide him with suitable clothing and |
procure necessary
transportation for him to his designated |
place of residence and
employment. It may provide such person |
with a grant of money for travel and
expenses which may be paid |
in installments. The amount of the money grant
shall be |
determined by the Department.
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(a-1) The Department shall, before a wrongfully imprisoned |
person, as defined in Section 3-1-2 of this Code, is |
discharged from the Department, provide him or her with any |
documents necessary after discharge. |
(a-2) The Department of Corrections may establish and |
maintain, in any institution
it administers, revolving funds |
to be known as "Travel and Allowances Revolving
Funds". These |
revolving funds shall be used for advancing travel and expense
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allowances to committed, paroled, and discharged prisoners. |
The moneys
paid into such revolving funds shall be from |
appropriations to the Department
for Committed, Paroled, and |
Discharged Prisoners.
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(a-3) Upon release of a person who is eligible to vote on |
parole, mandatory release, final discharge, or pardon, the |
Department shall provide the person with a form that informs |
him or her that his or her voting rights have been restored and |
a voter registration application. The Department shall have |
available voter registration applications in the languages |
provided by the Illinois State Board of Elections. The form |
that informs the person that his or her rights have been |
restored shall include the following information: |
(1) All voting rights are restored upon release from |
the Department's custody. |
(2) A person who is eligible to vote must register in |
order to be able to vote. |
The Department of Corrections shall confirm that the |
person received the voter registration application and has |
been informed that his or her voting rights have been |
restored. |
(a-4) (a-3) Prior to release of a person on parole, |
mandatory supervised release, final discharge, or pardon, the |
Department shall screen every person for Medicaid eligibility. |
Officials of the correctional institution or facility where |
the committed person is assigned shall assist an eligible |
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person to complete a Medicaid application to ensure that the |
person begins receiving benefits as soon as possible after his |
or her release. The application must include the eligible |
person's address associated with his or her residence upon |
release from the facility. If the residence is temporary, the |
eligible person must notify the Department of Human Services |
of his or her change in address upon transition to permanent |
housing. |
(b) (Blank).
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(c) Except as otherwise provided in this Code, the |
Department shall
establish procedures to provide written |
notification of any release of any
person who has been |
convicted of a felony to the State's Attorney
and sheriff of |
the county from which the offender was committed, and the
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State's Attorney and sheriff of the county into which the |
offender is to be
paroled or released. Except as otherwise |
provided in this Code, the
Department shall establish |
procedures to provide written notification to
the proper law |
enforcement agency for any municipality of any release of any
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person who has been convicted of a felony if the arrest of the |
offender or the
commission of the offense took place in the |
municipality, if the offender is to
be paroled or released |
into the municipality, or if the offender resided in the
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municipality at the time of the commission of the offense. If a |
person
convicted of a felony who is in the custody of the |
Department of Corrections or
on parole or mandatory supervised |
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release informs the Department that he or she
has resided, |
resides, or will
reside at an address that is a housing |
facility owned, managed,
operated, or leased by a public |
housing agency, the Department must send
written notification |
of that information to the public housing agency that
owns, |
manages, operates, or leases the housing facility. The written
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notification shall, when possible, be given at least 14 days |
before release of
the person from custody, or as soon |
thereafter as possible. The written notification shall be |
provided electronically if the State's Attorney, sheriff, |
proper law enforcement agency, or public housing agency has |
provided the Department with an accurate and up to date email |
address.
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(c-1) (Blank). |
(c-2) The Department shall establish procedures to provide |
notice to the Department of State Police of the release or |
discharge of persons convicted of violations of the |
Methamphetamine Control and Community
Protection Act or a |
violation of the Methamphetamine Precursor Control Act. The |
Department of State Police shall make this information |
available to local, State, or federal law enforcement agencies |
upon request. |
(c-5) If a person on parole or mandatory supervised |
release becomes a resident of a facility licensed or regulated |
by the Department of Public Health, the Illinois Department of |
Public Aid, or the Illinois Department of Human Services, the |
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Department of Corrections shall provide copies of the |
following information to the appropriate licensing or |
regulating Department and the licensed or regulated facility |
where the person becomes a resident: |
(1) The mittimus and any pre-sentence investigation |
reports. |
(2) The social evaluation prepared pursuant to Section |
3-8-2. |
(3) Any pre-release evaluation conducted pursuant to |
subsection (j) of Section 3-6-2. |
(4) Reports of disciplinary infractions and |
dispositions. |
(5) Any parole plan, including orders issued by the |
Prisoner Review Board, and any violation reports and |
dispositions. |
(6) The name and contact information for the assigned |
parole agent and parole supervisor.
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This information shall be provided within 3 days of the |
person becoming a resident of the facility.
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(c-10) If a person on parole or mandatory supervised |
release becomes a resident of a facility licensed or regulated |
by the Department of Public Health, the Illinois Department of |
Public Aid, or the Illinois Department of Human Services, the |
Department of Corrections shall provide written notification |
of such residence to the following: |
(1) The Prisoner Review Board. |
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(2) The
chief of police and sheriff in the |
municipality and county in which the licensed facility is |
located. |
The notification shall be provided within 3 days of the |
person becoming a resident of the facility.
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(d) Upon the release of a committed person on parole, |
mandatory
supervised release, final discharge or pardon, the |
Department shall provide
such person with information |
concerning programs and services of the
Illinois Department of |
Public Health to ascertain whether such person has
been |
exposed to the human immunodeficiency virus (HIV) or any |
identified
causative agent of Acquired Immunodeficiency |
Syndrome (AIDS).
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(e) Upon the release of a committed person on parole, |
mandatory supervised
release, final discharge, pardon, or who |
has been wrongfully imprisoned, the Department shall verify |
the released person's full name, date of birth, and social |
security number. If verification is made by the Department by |
obtaining a certified copy of the released person's birth |
certificate and the released person's social security card or |
other documents authorized by the Secretary, the Department |
shall provide the birth certificate and social security card |
or other documents authorized by the Secretary to the released |
person. If verification by the Department is done by means |
other than obtaining a certified copy of the released person's |
birth certificate and the released person's social security |
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card or other documents authorized by the Secretary, the |
Department shall complete a verification form, prescribed by |
the Secretary of State, and shall provide that verification |
form to the released person.
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(f) Forty-five days prior to the scheduled discharge of a |
person committed to the custody of the Department of |
Corrections, the Department shall give the person : |
(1) who is otherwise uninsured an opportunity to apply |
for health care coverage including medical assistance |
under Article V of the Illinois Public Aid Code in |
accordance with subsection (b) of Section 1-8.5 of the |
Illinois Public Aid Code, and the Department of |
Corrections shall provide assistance with completion of |
the application for health care coverage including medical |
assistance ; |
(2) information about obtaining a standard Illinois |
Identification Card or a limited-term Illinois |
Identification Card under Section 4 of the Illinois |
Identification Card Act; |
(3) information about voter registration and may |
distribute information prepared by the State Board of |
Elections. The Department of Corrections may enter into an |
interagency contract with the State Board of Elections to |
participate in the automatic voter registration program |
and be a designated automatic voter registration agency |
under Section 1A-16.2 of the Election Code; |
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(4) information about job listings upon discharge from |
the correctional institution or facility; |
(5) information about available housing upon discharge |
from the correctional institution or facility; |
(6) a directory of elected State officials and of |
officials elected in the county and municipality, if any, |
in which the committed person intends to reside upon |
discharge from the correctional institution or facility; |
and |
(7) any other information that the Department of |
Corrections deems necessary to provide the committed |
person in order for the committed person to reenter the |
community and avoid recidivism . |
The Department may adopt rules to implement this Section. |
(Source: P.A. 101-351, eff. 1-1-20; 101-442, eff. 1-1-20; |
revised 9-9-19.)
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