103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3696

 

Introduced 2/17/2023, by Rep. Camille Y. Lilly

 

SYNOPSIS AS INTRODUCED:
 
New Act
15 ILCS 335/4  from Ch. 124, par. 24
730 ILCS 5/3-2.5-75
730 ILCS 5/3-14-1  from Ch. 38, par. 1003-14-1
730 ILCS 5/3-15-2  from Ch. 38, par. 1003-15-2

    Creates the Reporting of Deaths in Custody Act. Provides that, if a person dies while in the custody of a law enforcement agency or a peace officer, the law enforcement agency shall report the death to the Illinois Criminal Justice Information Authority no later than 30 days after the date of death. Provides that the report shall be a public record under the Freedom of Information Act. Provides that the Authority shall issue an annual report tabulating and evaluating trends and information on deaths in custody. Provides that the family, next of kin, or other person nominated by the decedent as an emergency contact shall be notified, giving an accurate factual account of the cause of death and circumstances surrounding the death. Amends the Illinois Identification Card Act. Provides that the Secretary of State shall annually report the number of permanent Illinois Identification Cards issued by the Secretary of State to persons presenting verification forms issued by the Department of Juvenile Justice and Department of Corrections; the report shall include data from the previous calendar year and shall reflect any increases or decreases; the Secretary of State shall publish the report on the Secretary's website. Amends the Unified Code of Corrections. Provides that the report of a death of a person to the Authority that occurs while the person is in a county juvenile detention or shelter care facility shall be transmitted to the Department of Juvenile Justice; the report of a death of a person that occurs while the person is in a jail or house of correction shall be transmitted to the Department of Corrections. Makes other changes.


LRB103 29446 RLC 55838 b

 

 

A BILL FOR

 

HB3696LRB103 29446 RLC 55838 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Reporting of Deaths in Custody Act.
 
6    Section 5. Report of deaths of persons in custody in
7correctional institutions.
8    (a) In this Act, "law enforcement agency" includes the
9Department of Corrections, the Department of Juvenile Justice,
10and each law enforcement entity within this State having the
11authority to arrest and detain persons suspected of, or
12charged with, committing a criminal offense, and each law
13enforcement entity that operates a lock up, jail, prison, or
14any other facility used to detain persons for legitimate law
15enforcement purposes.
16    (b) In any case in which a person dies while in custody of
17a law enforcement agency or a peace officer, the law
18enforcement agency shall report the death in writing to the
19Illinois Criminal Justice Information Authority, no later than
2030 days after the date on which the person in custody or
21incarcerated died. The written report shall contain the
22following information:
23        (1) facts concerning the death that are in the

 

 

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1    possession of the law enforcement agency in charge of the
2    facility where the death occurred including, but not
3    limited to, cause and manner of death, race, age, and
4    gender of the decedent;
5        (2) the jurisdiction, the law enforcement agency
6    providing the report, and the local or State facility
7    where the death occurred;
8        (3) if emergency care was requested by the law
9    enforcement agency in response to any illness, injury,
10    self-inflicted or otherwise, or other issue related to
11    rapid deterioration of physical wellness or human
12    subsistence, and details concerning emergency care that
13    was provided to the decedent if emergency care was
14    provided.
15    (c) The law enforcement agency and the involved
16correctional administrators shall make a good faith effort to
17obtain all relevant facts and circumstances relevant to the
18death and include those in the report.
19    (d) The Illinois Criminal Justice Information Authority
20shall create a standardized form to be used for the purpose of
21collecting and reporting information as described in
22subsection (b).
23    (e) Law enforcement agencies shall use the form described
24in subsection (d) to report all cases in which a person dies
25while in the custody of a law enforcement agency or a peace
26officer.

 

 

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1    (f) The Illinois Criminal Justice Information Authority
2may determine the manner in which the form is transmitted from
3a law enforcement agency to the Illinois Criminal Justice
4Information Authority.
5    (g) The reports shall be public records within the meaning
6of subsection (c) of Section 2 of the Freedom of Information
7Act and are open to public inspection, with the exception of
8any portion of the report that the Illinois Criminal Justice
9Information Authority determines is privileged or protected
10under Illinois or federal law.
11    (h) The Illinois Criminal Justice Information Authority
12shall make available to the public information of all
13individual reports relating to deaths in custody through the
14Illinois Criminal Justice Information Authority's website to
15be updated on a quarterly basis.
16    (i) The Illinois Criminal Justice Information Authority
17shall issue a public annual report tabulating and evaluating
18trends and information on deaths in custody, including, but
19not limited to:
20        (1) information regarding cause and manner of death,
21    race, and the gender of the decedent;
22        (2) the jurisdiction, law enforcement agency providing
23    the report, and local or State facility where the death
24    occurred; and
25        (3) recommendations and State and local efforts
26    underway to reduce deaths in custody.

 

 

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1    The report shall be submitted to the Governor, Attorney
2General, and General Assembly and made available to the public
3on the Illinois Criminal Justice Information Authority's
4website the first week of February of each year.
5    (j) So that the State may oversee the healthcare provided
6to any person in the custody of each law enforcement agency
7within this State, provision of medical services to these
8persons, general care and treatment, and any other factors
9that may contribute to the death of any of these persons, the
10following information shall be made available to the public on
11the Illinois Criminal Justice Information Authority's website:
12        (1) the number of deaths that occurred during the
13    preceding calendar year;
14        (2) the known, or discoverable upon reasonable
15    inquiry, causes and contributing factors of each of the
16    in-custody deaths as defined in subsection (b); and
17        (3) the law enforcement agency's policies, procedures,
18    and protocols related to:
19            (A) treatment of a person experiencing withdrawal
20        from alcohol or substance use;
21            (B) the facility's provision, or lack of
22        provision, of medications used to treat, mitigate, or
23        address a person's symptoms; and
24            (C) notifying an inmate's next of kin after the
25        inmate's in-custody death.
26    (k) The family, next of kin, or any other person

 

 

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1reasonably nominated by the decedent as an emergency contact
2shall be notified as soon as possible in a suitable manner
3giving an accurate factual account of the cause of death and
4circumstances surrounding the death in custody.
5    (l) The law enforcement agency shall name a staff person
6to act as dedicated family liaison officer to be a point of
7contact for the family, to make and maintain contact with the
8family, to report ongoing developments and findings of
9investigations, and to provide information and practical
10support. If requested by the deceased's next of kin, the law
11enforcement agency shall arrange for a chaplain, counselor, or
12other suitable staff member to meet with the family and
13discuss any faith considerations or concerns. The family has a
14right to the medical records of a family member who has died in
15custody and these records shall be disclosed to them.
16    (m) It is unlawful for a person who is required under this
17Section to file a report to fail to include in the report facts
18known or discovered in the report to the Illinois Criminal
19Justice Information Authority. A violation of this Section is
20a petty offense in which a fine of $500 per occurrence shall be
21imposed. Moneys received from the fines imposed under this
22subsection (m) shall be paid into the Criminal Justice
23Information Systems Trust Fund.
 
24    Section 105. The Illinois Identification Card Act is
25amended by changing Section 4 as follows:
 

 

 

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1    (15 ILCS 335/4)  (from Ch. 124, par. 24)
2    Sec. 4. Identification card.
3    (a) The Secretary of State shall issue a standard Illinois
4Identification Card to any natural person who is a resident of
5the State of Illinois who applies for such card, or renewal
6thereof. No identification card shall be issued to any person
7who holds a valid foreign state identification card, license,
8or permit unless the person first surrenders to the Secretary
9of State the valid foreign state identification card, license,
10or permit. The card shall be prepared and supplied by the
11Secretary of State and shall include a photograph and
12signature or mark of the applicant. However, the Secretary of
13State may provide by rule for the issuance of Illinois
14Identification Cards without photographs if the applicant has
15a bona fide religious objection to being photographed or to
16the display of his or her photograph. The Illinois
17Identification Card may be used for identification purposes in
18any lawful situation only by the person to whom it was issued.
19As used in this Act, "photograph" means any color photograph
20or digitally produced and captured image of an applicant for
21an identification card. As used in this Act, "signature" means
22the name of a person as written by that person and captured in
23a manner acceptable to the Secretary of State.
24    (a-5) If an applicant for an identification card has a
25current driver's license or instruction permit issued by the

 

 

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1Secretary of State, the Secretary may require the applicant to
2utilize the same residence address and name on the
3identification card, driver's license, and instruction permit
4records maintained by the Secretary. The Secretary may
5promulgate rules to implement this provision.
6    (a-10) If the applicant is a judicial officer as defined
7in Section 1-10 of the Judicial Privacy Act or a peace officer,
8the applicant may elect to have his or her office or work
9address listed on the card instead of the applicant's
10residence or mailing address. The Secretary may promulgate
11rules to implement this provision. For the purposes of this
12subsection (a-10), "peace officer" means any person who by
13virtue of his or her office or public employment is vested by
14law with a duty to maintain public order or to make arrests for
15a violation of any penal statute of this State, whether that
16duty extends to all violations or is limited to specific
17violations.
18    (a-15) The Secretary of State may provide for an expedited
19process for the issuance of an Illinois Identification Card.
20The Secretary shall charge an additional fee for the expedited
21issuance of an Illinois Identification Card, to be set by
22rule, not to exceed $75. All fees collected by the Secretary
23for expedited Illinois Identification Card service shall be
24deposited into the Secretary of State Special Services Fund.
25The Secretary may adopt rules regarding the eligibility,
26process, and fee for an expedited Illinois Identification

 

 

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1Card. If the Secretary of State determines that the volume of
2expedited identification card requests received on a given day
3exceeds the ability of the Secretary to process those requests
4in an expedited manner, the Secretary may decline to provide
5expedited services, and the additional fee for the expedited
6service shall be refunded to the applicant.
7    (a-20) The Secretary of State shall issue a standard
8Illinois Identification Card to a committed person upon
9release on parole, mandatory supervised release, aftercare
10release, final discharge, or pardon from the Department of
11Corrections or Department of Juvenile Justice, if the released
12person presents a certified copy of his or her birth
13certificate, social security card or other documents
14authorized by the Secretary, and 2 documents proving his or
15her Illinois residence address. Documents proving residence
16address may include any official document of the Department of
17Corrections or the Department of Juvenile Justice showing the
18released person's address after release and a Secretary of
19State prescribed certificate of residency form, which may be
20executed by Department of Corrections or Department of
21Juvenile Justice personnel.
22    (a-25) The Secretary of State shall issue a limited-term
23Illinois Identification Card valid for 90 days to a committed
24person upon release on parole, mandatory supervised release,
25aftercare release, final discharge, or pardon from the
26Department of Corrections or Department of Juvenile Justice,

 

 

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1if the released person is unable to present a certified copy of
2his or her birth certificate and social security card or other
3documents authorized by the Secretary, but does present a
4Secretary of State prescribed verification form completed by
5the Department of Corrections or Department of Juvenile
6Justice, verifying the released person's date of birth and
7social security number and 2 documents proving his or her
8Illinois residence address. The verification form must have
9been completed no more than 30 days prior to the date of
10application for the Illinois Identification Card. Documents
11proving residence address shall include any official document
12of the Department of Corrections or the Department of Juvenile
13Justice showing the person's address after release and a
14Secretary of State prescribed certificate of residency, which
15may be executed by Department of Corrections or Department of
16Juvenile Justice personnel.
17    Prior to the expiration of the 90-day period of the
18limited-term Illinois Identification Card, if the released
19person submits to the Secretary of State a certified copy of
20his or her birth certificate and his or her social security
21card or other documents authorized by the Secretary, a
22standard Illinois Identification Card shall be issued. A
23limited-term Illinois Identification Card may not be renewed.
24    (a-26) The Secretary of State shall track and issue an
25annual report to the Governor, Attorney General, and General
26Assembly detailing the number of permanent Illinois

 

 

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1Identification Cards issued by the Secretary of State to
2persons presenting verification forms issued by the Department
3of Juvenile Justice and Department of Corrections. The report
4shall include comparable data from the previous calendar year
5and shall reflect any increases or decreases. The Secretary of
6State shall publish the report on the Secretary of State's
7website.
8    (a-30) The Secretary of State shall issue a standard
9Illinois Identification Card to a person upon conditional
10release or absolute discharge from the custody of the
11Department of Human Services, if the person presents a
12certified copy of his or her birth certificate, social
13security card, or other documents authorized by the Secretary,
14and a document proving his or her Illinois residence address.
15The Secretary of State shall issue a standard Illinois
16Identification Card to a person prior to his or her
17conditional release or absolute discharge if personnel from
18the Department of Human Services bring the person to a
19Secretary of State location with the required documents.
20Documents proving residence address may include any official
21document of the Department of Human Services showing the
22person's address after release and a Secretary of State
23prescribed verification form, which may be executed by
24personnel of the Department of Human Services.
25    (a-35) The Secretary of State shall issue a limited-term
26Illinois Identification Card valid for 90 days to a person

 

 

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1upon conditional release or absolute discharge from the
2custody of the Department of Human Services, if the person is
3unable to present a certified copy of his or her birth
4certificate and social security card or other documents
5authorized by the Secretary, but does present a Secretary of
6State prescribed verification form completed by the Department
7of Human Services, verifying the person's date of birth and
8social security number, and a document proving his or her
9Illinois residence address. The verification form must have
10been completed no more than 30 days prior to the date of
11application for the Illinois Identification Card. The
12Secretary of State shall issue a limited-term Illinois
13Identification Card to a person no sooner than 14 days prior to
14his or her conditional release or absolute discharge if
15personnel from the Department of Human Services bring the
16person to a Secretary of State location with the required
17documents. Documents proving residence address shall include
18any official document of the Department of Human Services
19showing the person's address after release and a Secretary of
20State prescribed verification form, which may be executed by
21personnel of the Department of Human Services.
22    (b) The Secretary of State shall issue a special Illinois
23Identification Card, which shall be known as an Illinois
24Person with a Disability Identification Card, to any natural
25person who is a resident of the State of Illinois, who is a
26person with a disability as defined in Section 4A of this Act,

 

 

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1who applies for such card, or renewal thereof. No Illinois
2Person with a Disability Identification Card shall be issued
3to any person who holds a valid foreign state identification
4card, license, or permit unless the person first surrenders to
5the Secretary of State the valid foreign state identification
6card, license, or permit. The Secretary of State shall charge
7no fee to issue such card. The card shall be prepared and
8supplied by the Secretary of State, and shall include a
9photograph and signature or mark of the applicant, a
10designation indicating that the card is an Illinois Person
11with a Disability Identification Card, and shall include a
12comprehensible designation of the type and classification of
13the applicant's disability as set out in Section 4A of this
14Act. However, the Secretary of State may provide by rule for
15the issuance of Illinois Person with a Disability
16Identification Cards without photographs if the applicant has
17a bona fide religious objection to being photographed or to
18the display of his or her photograph. If the applicant so
19requests, the card shall include a description of the
20applicant's disability and any information about the
21applicant's disability or medical history which the Secretary
22determines would be helpful to the applicant in securing
23emergency medical care. If a mark is used in lieu of a
24signature, such mark shall be affixed to the card in the
25presence of two witnesses who attest to the authenticity of
26the mark. The Illinois Person with a Disability Identification

 

 

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1Card may be used for identification purposes in any lawful
2situation by the person to whom it was issued.
3    The Illinois Person with a Disability Identification Card
4may be used as adequate documentation of disability in lieu of
5a physician's determination of disability, a determination of
6disability from a physician assistant, a determination of
7disability from an advanced practice registered nurse, or any
8other documentation of disability whenever any State law
9requires that a person with a disability provide such
10documentation of disability, however an Illinois Person with a
11Disability Identification Card shall not qualify the
12cardholder to participate in any program or to receive any
13benefit which is not available to all persons with like
14disabilities. Notwithstanding any other provisions of law, an
15Illinois Person with a Disability Identification Card, or
16evidence that the Secretary of State has issued an Illinois
17Person with a Disability Identification Card, shall not be
18used by any person other than the person named on such card to
19prove that the person named on such card is a person with a
20disability or for any other purpose unless the card is used for
21the benefit of the person named on such card, and the person
22named on such card consents to such use at the time the card is
23so used.
24    An optometrist's determination of a visual disability
25under Section 4A of this Act is acceptable as documentation
26for the purpose of issuing an Illinois Person with a

 

 

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1Disability Identification Card.
2    When medical information is contained on an Illinois
3Person with a Disability Identification Card, the Office of
4the Secretary of State shall not be liable for any actions
5taken based upon that medical information.
6    (c) The Secretary of State shall provide that each
7original or renewal Illinois Identification Card or Illinois
8Person with a Disability Identification Card issued to a
9person under the age of 21 shall be of a distinct nature from
10those Illinois Identification Cards or Illinois Person with a
11Disability Identification Cards issued to individuals 21 years
12of age or older. The color designated for Illinois
13Identification Cards or Illinois Person with a Disability
14Identification Cards for persons under the age of 21 shall be
15at the discretion of the Secretary of State.
16    (c-1) Each original or renewal Illinois Identification
17Card or Illinois Person with a Disability Identification Card
18issued to a person under the age of 21 shall display the date
19upon which the person becomes 18 years of age and the date upon
20which the person becomes 21 years of age.
21    (c-3) The General Assembly recognizes the need to identify
22military veterans living in this State for the purpose of
23ensuring that they receive all of the services and benefits to
24which they are legally entitled, including healthcare,
25education assistance, and job placement. To assist the State
26in identifying these veterans and delivering these vital

 

 

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1services and benefits, the Secretary of State is authorized to
2issue Illinois Identification Cards and Illinois Person with a
3Disability Identification Cards with the word "veteran"
4appearing on the face of the cards. This authorization is
5predicated on the unique status of veterans. The Secretary may
6not issue any other identification card which identifies an
7occupation, status, affiliation, hobby, or other unique
8characteristics of the identification card holder which is
9unrelated to the purpose of the identification card.
10    (c-5) Beginning on or before July 1, 2015, the Secretary
11of State shall designate a space on each original or renewal
12identification card where, at the request of the applicant,
13the word "veteran" shall be placed. The veteran designation
14shall be available to a person identified as a veteran under
15subsection (b) of Section 5 of this Act who was discharged or
16separated under honorable conditions.
17    (d) The Secretary of State may issue a Senior Citizen
18discount card, to any natural person who is a resident of the
19State of Illinois who is 60 years of age or older and who
20applies for such a card or renewal thereof. The Secretary of
21State shall charge no fee to issue such card. The card shall be
22issued in every county and applications shall be made
23available at, but not limited to, nutrition sites, senior
24citizen centers and Area Agencies on Aging. The applicant,
25upon receipt of such card and prior to its use for any purpose,
26shall have affixed thereon in the space provided therefor his

 

 

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1signature or mark.
2    (e) The Secretary of State, in his or her discretion, may
3designate on each Illinois Identification Card or Illinois
4Person with a Disability Identification Card a space where the
5card holder may place a sticker or decal, issued by the
6Secretary of State, of uniform size as the Secretary may
7specify, that shall indicate in appropriate language that the
8card holder has renewed his or her Illinois Identification
9Card or Illinois Person with a Disability Identification Card.
10(Source: P.A. 102-299, eff. 8-6-21.)
 
11    Section 110. The Unified Code of Corrections is amended by
12changing Sections 3-2.5-75, 3-14-1, and 3-15-2 as follows:
 
13    (730 ILCS 5/3-2.5-75)
14    Sec. 3-2.5-75. Release from Department of Juvenile
15Justice.
16    (a) Upon release of a youth on aftercare, the Department
17shall return all property held for the youth, provide the
18youth with suitable clothing, and procure necessary
19transportation for the youth to his or her designated place of
20residence and employment. It may provide the youth with a
21grant of money for travel and expenses which may be paid in
22installments. The amount of the money grant shall be
23determined by the Department.
24    (b) Before a wrongfully imprisoned person, as defined in

 

 

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1Section 3-1-2 of this Code, is discharged from the Department,
2the Department shall provide him or her with any documents
3necessary after discharge.
4    (c) The Department of Juvenile Justice may establish and
5maintain, in any institution it administers, revolving funds
6to be known as "Travel and Allowances Revolving Funds". These
7revolving funds shall be used for advancing travel and expense
8allowances to committed, released, and discharged youth. The
9moneys paid into these revolving funds shall be from
10appropriations to the Department for committed, released, and
11discharged prisoners.
12    (d) Upon the release of a youth on aftercare, the
13Department shall provide that youth with information
14concerning programs and services of the Department of Public
15Health to ascertain whether that youth has been exposed to the
16human immunodeficiency virus (HIV) or any identified causative
17agent of Acquired Immunodeficiency Syndrome (AIDS).
18    (e) Upon the release of a youth on aftercare or who has
19been wrongfully imprisoned, the Department shall verify the
20youth's full name, date of birth, and social security number.
21If verification is made by the Department by obtaining a
22certified copy of the youth's birth certificate and the
23youth's social security card or other documents authorized by
24the Secretary, the Department shall provide the birth
25certificate and social security card or other documents
26authorized by the Secretary to the youth. If verification is

 

 

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1done by means other than obtaining a certified copy of the
2youth's birth certificate and the youth's social security card
3or other documents authorized by the Secretary, the Department
4shall complete a verification form, prescribed by the
5Secretary of State and shall provide that verification form to
6the youth.
7    (f) In order to determine how many persons released from
8incarceration in the Department of Juvenile Justice obtained
9permanent Illinois Identification Cards, the Department of
10Juvenile Justice shall track and issue an annual report to the
11Governor, Attorney General, and General Assembly detailing the
12number of birth certificates obtained for persons while in its
13custody, the number of social security cards obtained for
14persons while in its custody, and the number of verification
15forms issued to persons in its custody within 30 days of a
16person's release from custody. The report shall include
17comparable data from the previous calendar year and shall
18reflect any increases or decreases. The Department of Juvenile
19Justice shall publish the reports on its website.
20(Source: P.A. 98-558, eff. 1-1-14; 98-685, eff. 1-1-15;
2199-907, eff. 7-1-17.)
 
22    (730 ILCS 5/3-14-1)  (from Ch. 38, par. 1003-14-1)
23    Sec. 3-14-1. Release from the institution.
24    (a) Upon release of a person on parole, mandatory release,
25final discharge, or pardon, the Department shall return all

 

 

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1property held for him, provide him with suitable clothing and
2procure necessary transportation for him to his designated
3place of residence and employment. It may provide such person
4with a grant of money for travel and expenses which may be paid
5in installments. The amount of the money grant shall be
6determined by the Department.
7    (a-1) The Department shall, before a wrongfully imprisoned
8person, as defined in Section 3-1-2 of this Code, is
9discharged from the Department, provide him or her with any
10documents necessary after discharge.
11    (a-2) The Department of Corrections may establish and
12maintain, in any institution it administers, revolving funds
13to be known as "Travel and Allowances Revolving Funds". These
14revolving funds shall be used for advancing travel and expense
15allowances to committed, paroled, and discharged prisoners.
16The moneys paid into such revolving funds shall be from
17appropriations to the Department for Committed, Paroled, and
18Discharged Prisoners.
19    (a-3) Upon release of a person who is eligible to vote on
20parole, mandatory release, final discharge, or pardon, the
21Department shall provide the person with a form that informs
22him or her that his or her voting rights have been restored and
23a voter registration application. The Department shall have
24available voter registration applications in the languages
25provided by the Illinois State Board of Elections. The form
26that informs the person that his or her rights have been

 

 

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1restored shall include the following information:
2        (1) All voting rights are restored upon release from
3    the Department's custody.
4        (2) A person who is eligible to vote must register in
5    order to be able to vote.
6    The Department of Corrections shall confirm that the
7person received the voter registration application and has
8been informed that his or her voting rights have been
9restored.
10    (a-4) Prior to release of a person on parole, mandatory
11supervised release, final discharge, or pardon, the Department
12shall screen every person for Medicaid eligibility. Officials
13of the correctional institution or facility where the
14committed person is assigned shall assist an eligible person
15to complete a Medicaid application to ensure that the person
16begins receiving benefits as soon as possible after his or her
17release. The application must include the eligible person's
18address associated with his or her residence upon release from
19the facility. If the residence is temporary, the eligible
20person must notify the Department of Human Services of his or
21her change in address upon transition to permanent housing.
22    (b) (Blank).
23    (c) Except as otherwise provided in this Code, the
24Department shall establish procedures to provide written
25notification of any release of any person who has been
26convicted of a felony to the State's Attorney and sheriff of

 

 

HB3696- 21 -LRB103 29446 RLC 55838 b

1the county from which the offender was committed, and the
2State's Attorney and sheriff of the county into which the
3offender is to be paroled or released. Except as otherwise
4provided in this Code, the Department shall establish
5procedures to provide written notification to the proper law
6enforcement agency for any municipality of any release of any
7person who has been convicted of a felony if the arrest of the
8offender or the commission of the offense took place in the
9municipality, if the offender is to be paroled or released
10into the municipality, or if the offender resided in the
11municipality at the time of the commission of the offense. If a
12person convicted of a felony who is in the custody of the
13Department of Corrections or on parole or mandatory supervised
14release informs the Department that he or she has resided,
15resides, or will reside at an address that is a housing
16facility owned, managed, operated, or leased by a public
17housing agency, the Department must send written notification
18of that information to the public housing agency that owns,
19manages, operates, or leases the housing facility. The written
20notification shall, when possible, be given at least 14 days
21before release of the person from custody, or as soon
22thereafter as possible. The written notification shall be
23provided electronically if the State's Attorney, sheriff,
24proper law enforcement agency, or public housing agency has
25provided the Department with an accurate and up to date email
26address.

 

 

HB3696- 22 -LRB103 29446 RLC 55838 b

1    (c-1) (Blank).
2    (c-2) The Department shall establish procedures to provide
3notice to the Illinois State Police of the release or
4discharge of persons convicted of violations of the
5Methamphetamine Control and Community Protection Act or a
6violation of the Methamphetamine Precursor Control Act. The
7Illinois State Police shall make this information available to
8local, State, or federal law enforcement agencies upon
9request.
10    (c-5) If a person on parole or mandatory supervised
11release becomes a resident of a facility licensed or regulated
12by the Department of Public Health, the Illinois Department of
13Public Aid, or the Illinois Department of Human Services, the
14Department of Corrections shall provide copies of the
15following information to the appropriate licensing or
16regulating Department and the licensed or regulated facility
17where the person becomes a resident:
18        (1) The mittimus and any pre-sentence investigation
19    reports.
20        (2) The social evaluation prepared pursuant to Section
21    3-8-2.
22        (3) Any pre-release evaluation conducted pursuant to
23    subsection (j) of Section 3-6-2.
24        (4) Reports of disciplinary infractions and
25    dispositions.
26        (5) Any parole plan, including orders issued by the

 

 

HB3696- 23 -LRB103 29446 RLC 55838 b

1    Prisoner Review Board, and any violation reports and
2    dispositions.
3        (6) The name and contact information for the assigned
4    parole agent and parole supervisor.
5    This information shall be provided within 3 days of the
6person becoming a resident of the facility.
7    (c-10) If a person on parole or mandatory supervised
8release becomes a resident of a facility licensed or regulated
9by the Department of Public Health, the Illinois Department of
10Public Aid, or the Illinois Department of Human Services, the
11Department of Corrections shall provide written notification
12of such residence to the following:
13        (1) The Prisoner Review Board.
14        (2) The chief of police and sheriff in the
15    municipality and county in which the licensed facility is
16    located.
17    The notification shall be provided within 3 days of the
18person becoming a resident of the facility.
19    (d) Upon the release of a committed person on parole,
20mandatory supervised release, final discharge, or pardon, the
21Department shall provide such person with information
22concerning programs and services of the Illinois Department of
23Public Health to ascertain whether such person has been
24exposed to the human immunodeficiency virus (HIV) or any
25identified causative agent of Acquired Immunodeficiency
26Syndrome (AIDS).

 

 

HB3696- 24 -LRB103 29446 RLC 55838 b

1    (e) Upon the release of a committed person on parole,
2mandatory supervised release, final discharge, pardon, or who
3has been wrongfully imprisoned, the Department shall verify
4the released person's full name, date of birth, and social
5security number. If verification is made by the Department by
6obtaining a certified copy of the released person's birth
7certificate and the released person's social security card or
8other documents authorized by the Secretary, the Department
9shall provide the birth certificate and social security card
10or other documents authorized by the Secretary to the released
11person. If verification by the Department is done by means
12other than obtaining a certified copy of the released person's
13birth certificate and the released person's social security
14card or other documents authorized by the Secretary, the
15Department shall complete a verification form, prescribed by
16the Secretary of State, and shall provide that verification
17form to the released person.
18    (f) Forty-five days prior to the scheduled discharge of a
19person committed to the custody of the Department of
20Corrections, the Department shall give the person:
21        (1) who is otherwise uninsured an opportunity to apply
22    for health care coverage including medical assistance
23    under Article V of the Illinois Public Aid Code in
24    accordance with subsection (b) of Section 1-8.5 of the
25    Illinois Public Aid Code, and the Department of
26    Corrections shall provide assistance with completion of

 

 

HB3696- 25 -LRB103 29446 RLC 55838 b

1    the application for health care coverage including medical
2    assistance;
3        (2) information about obtaining a standard Illinois
4    Identification Card or a limited-term Illinois
5    Identification Card under Section 4 of the Illinois
6    Identification Card Act;
7        (3) information about voter registration and may
8    distribute information prepared by the State Board of
9    Elections. The Department of Corrections may enter into an
10    interagency contract with the State Board of Elections to
11    participate in the automatic voter registration program
12    and be a designated automatic voter registration agency
13    under Section 1A-16.2 of the Election Code;
14        (4) information about job listings upon discharge from
15    the correctional institution or facility;
16        (5) information about available housing upon discharge
17    from the correctional institution or facility;
18        (6) a directory of elected State officials and of
19    officials elected in the county and municipality, if any,
20    in which the committed person intends to reside upon
21    discharge from the correctional institution or facility;
22    and
23        (7) any other information that the Department of
24    Corrections deems necessary to provide the committed
25    person in order for the committed person to reenter the
26    community and avoid recidivism.

 

 

HB3696- 26 -LRB103 29446 RLC 55838 b

1    The Department may adopt rules to implement this Section.
2    (g) In order to determine how many persons released from
3incarceration in the Department obtained permanent Illinois
4Identification Cards, the Department shall track and issue an
5annual report to the Governor, Attorney General, and General
6Assembly detailing the number of birth certificates obtained
7for persons while in its custody, the number of social
8security cards obtained for persons while in its custody, and
9the number of verification forms issued to persons in its
10custody within 30 days of a person's release from custody. The
11report shall include comparable data from the previous
12calendar year and shall reflect any increases or decreases.
13The Department shall publish the reports on its website.
14(Source: P.A. 101-351, eff. 1-1-20; 101-442, eff. 1-1-20;
15102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-606, eff.
161-1-22; 102-813, eff. 5-13-22.)
 
17    (730 ILCS 5/3-15-2)  (from Ch. 38, par. 1003-15-2)
18    Sec. 3-15-2. Standards and Assistance to Local Jails and
19Detention and Shelter Care Facilities.
20    (a) The Department of Corrections shall establish for the
21operation of county and municipal jails and houses of
22correction, minimum standards for the physical condition of
23such institutions and for the treatment of inmates with
24respect to their health and safety and the security of the
25community.

 

 

HB3696- 27 -LRB103 29446 RLC 55838 b

1    The Department of Juvenile Justice shall establish for the
2operation of county juvenile detention and shelter care
3facilities established pursuant to the County Shelter Care and
4Detention Home Act, minimum standards for the physical
5condition of such institutions and for the treatment of
6juveniles with respect to their health and safety and the
7security of the community.
8    Such standards shall not apply to county shelter care
9facilities which were in operation prior to January 1, 1980.
10Such standards shall not seek to mandate minimum floor space
11requirements for each inmate housed in cells and detention
12rooms in county and municipal jails and houses of correction.
13However, no more than two inmates may be housed in a single
14cell or detention room.
15    When an inmate is tested for an airborne communicable
16disease, as determined by the Illinois Department of Public
17Health including but not limited to tuberculosis, the results
18of the test shall be personally delivered by the warden or his
19or her designee in a sealed envelope to the judge of the court
20in which the inmate must appear for the judge's inspection in
21camera if requested by the judge. Acting in accordance with
22the best interests of those in the courtroom, the judge shall
23have the discretion to determine what if any precautions need
24to be taken to prevent transmission of the disease in the
25courtroom.
26    (b) At least once each year, the Department of Corrections

 

 

HB3696- 28 -LRB103 29446 RLC 55838 b

1may inspect each adult facility for compliance with the
2standards established and the results of such inspection shall
3be made available by the Department for public inspection. At
4least once each year, the Department of Juvenile Justice shall
5inspect each county juvenile detention and shelter care
6facility for compliance with the standards established, and
7the Department of Juvenile Justice shall make the results of
8such inspections available for public inspection. If any
9detention, shelter care or correctional facility does not
10comply with the standards established, the Director of
11Corrections or the Director of Juvenile Justice, as the case
12may be, shall give notice to the county board and the sheriff
13or the corporate authorities of the municipality, as the case
14may be, of such noncompliance, specifying the particular
15standards that have not been met by such facility. If the
16facility is not in compliance with such standards when six
17months have elapsed from the giving of such notice, the
18Director of Corrections or the Director of Juvenile Justice,
19as the case may be, may petition the appropriate court for an
20order requiring such facility to comply with the standards
21established by the Department or for other appropriate relief.
22    (c) The Department of Corrections may provide consultation
23services for the design, construction, programs and
24administration of correctional facilities and services for
25adults operated by counties and municipalities and may make
26studies and surveys of the programs and the administration of

 

 

HB3696- 29 -LRB103 29446 RLC 55838 b

1such facilities. Personnel of the Department shall be admitted
2to these facilities as required for such purposes. The
3Department may develop and administer programs of
4grants-in-aid for correctional services in cooperation with
5local agencies. The Department may provide courses of training
6for the personnel of such institutions and conduct pilot
7projects in the institutions.
8    (c-5) The Department of Juvenile Justice may provide
9consultation services for the design, construction, programs,
10and administration of detention and shelter care services for
11children operated by counties and municipalities and may make
12studies and surveys of the programs and the administration of
13such facilities. Personnel of the Department of Juvenile
14Justice shall be admitted to these facilities as required for
15such purposes. The Department of Juvenile Justice may develop
16and administer programs of grants-in-aid for juvenile
17correctional services in cooperation with local agencies. The
18Department of Juvenile Justice may provide courses of training
19for the personnel of such institutions and conduct pilot
20projects in the institutions.
21    (d) The Department is authorized to issue reimbursement
22grants for counties, municipalities or public building
23commissions for the purpose of meeting minimum correctional
24facilities standards set by the Department under this Section.
25Grants may be issued only for projects that were completed
26after July 1, 1980 and initiated prior to January 1, 1987.

 

 

HB3696- 30 -LRB103 29446 RLC 55838 b

1        (1) Grants for regional correctional facilities shall
2    not exceed 90% of the project costs or $7,000,000,
3    whichever is less.
4        (2) Grants for correctional facilities by a single
5    county, municipality or public building commission shall
6    not exceed 75% of the proposed project costs or
7    $4,000,000, whichever is less.
8        (3) As used in this subsection (d), "project" means
9    only that part of a facility that is constructed for jail,
10    correctional or detention purposes and does not include
11    other areas of multi-purpose buildings.
12    Construction or renovation grants are authorized to be
13issued by the Capital Development Board from capital
14development bond funds after application by a county or
15counties, municipality or municipalities or public building
16commission or commissions and approval of a construction or
17renovation grant by the Department for projects initiated
18after January 1, 1987.
19    (e) The Department of Corrections shall adopt standards
20for county jails to hold juveniles on a temporary basis, as
21provided in Section 5-410 of the Juvenile Court Act of 1987.
22These standards shall include monitoring, educational,
23recreational, and disciplinary standards as well as access to
24medical services, crisis intervention, mental health services,
25suicide prevention, health care, nutritional needs, and
26visitation rights. The Department of Corrections shall also

 

 

HB3696- 31 -LRB103 29446 RLC 55838 b

1notify any county applying to hold juveniles in a county jail
2of the standards for juvenile detention under Section 5-410 of
3the Juvenile Court Act of 1987.
4    (f) The report of a death of a person to the Illinois
5Criminal Justice Information Authority under the Reporting of
6Deaths in Custody Act that occurs while the person is in the
7custody of a county juvenile detention or shelter care
8facility shall be transmitted to the Department of Juvenile
9Justice. The report of a death of a person under the Reporting
10of Deaths in Custody Act that occurs while the person is in the
11custody of a county or municipal jail or house of correction
12shall be transmitted to the Department of Corrections. The
13report of those deaths as provided in this subsection (f)
14shall be the only report of those deaths that is required to be
15reported by the Department of Corrections and the Department
16of Juvenile Justice to the Illinois Criminal Justice
17Information Authority.
18(Source: P.A. 98-685, eff. 1-1-15.)