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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | |||||||||||||||||||||||||||
5 | Reporting of Deaths in Custody Act. | |||||||||||||||||||||||||||
6 | Section 5. Report of deaths of persons in custody in | |||||||||||||||||||||||||||
7 | correctional institutions. | |||||||||||||||||||||||||||
8 | (a) In this Act, "law enforcement agency" includes the | |||||||||||||||||||||||||||
9 | Department of Corrections, the Department of Juvenile Justice, | |||||||||||||||||||||||||||
10 | and each law enforcement
entity within this State having the | |||||||||||||||||||||||||||
11 | authority to arrest and detain persons suspected
of, or | |||||||||||||||||||||||||||
12 | charged with, committing a criminal offense, and each law | |||||||||||||||||||||||||||
13 | enforcement entity
that operates a lock up, jail, prison, or | |||||||||||||||||||||||||||
14 | any other facility used to detain persons
for legitimate law | |||||||||||||||||||||||||||
15 | enforcement purposes.
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16 | (b) In any case in which a person dies while in custody of | |||||||||||||||||||||||||||
17 | a law enforcement agency or a peace officer, the law | |||||||||||||||||||||||||||
18 | enforcement
agency shall report the death in writing to the | |||||||||||||||||||||||||||
19 | Illinois Criminal Justice Information Authority, no later than | |||||||||||||||||||||||||||
20 | 30 days
after the date on which the person in custody or | |||||||||||||||||||||||||||
21 | incarcerated died. The written report shall
contain the | |||||||||||||||||||||||||||
22 | following 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 | ||||||
16 | correctional administrators shall make a good faith effort to | ||||||
17 | obtain all relevant facts and circumstances relevant
to the | ||||||
18 | death and include those in the report. | ||||||
19 | (d) The Illinois Criminal Justice Information Authority | ||||||
20 | shall create a standardized form to be used for the
purpose of | ||||||
21 | collecting and reporting information as described in | ||||||
22 | subsection (b). | ||||||
23 | (e) Law enforcement agencies shall use the form described | ||||||
24 | in subsection (d) to report all cases in which a person dies | ||||||
25 | while in the custody of a law
enforcement agency or a peace | ||||||
26 | officer. |
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1 | (f) The Illinois Criminal Justice Information Authority | ||||||
2 | may determine the manner in which the form is
transmitted from | ||||||
3 | a law enforcement agency to the Illinois Criminal Justice | ||||||
4 | Information Authority. | ||||||
5 | (g) The reports shall be public records within the meaning | ||||||
6 | of subsection (c) of Section 2 of the Freedom of Information | ||||||
7 | Act and are open to public
inspection, with the exception of | ||||||
8 | any portion of the report that the Illinois Criminal Justice | ||||||
9 | Information Authority
determines is privileged or protected | ||||||
10 | under Illinois or federal law. | ||||||
11 | (h) The Illinois Criminal Justice Information Authority | ||||||
12 | shall make available to the public information of all
| ||||||
13 | individual reports relating to deaths in custody through the | ||||||
14 | Illinois Criminal Justice Information Authority's
website to | ||||||
15 | be updated on a quarterly basis. | ||||||
16 | (i) The Illinois Criminal Justice Information Authority | ||||||
17 | shall issue a public annual report tabulating and
evaluating | ||||||
18 | trends and information on deaths in custody, including, but | ||||||
19 | not 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 | ||||||
2 | General, and General Assembly and made available to the public | ||||||
3 | on the Illinois Criminal Justice Information Authority's | ||||||
4 | website the first week of February of each year. | ||||||
5 | (j) So that the State may oversee the healthcare provided | ||||||
6 | to any person in the custody of each
law enforcement agency | ||||||
7 | within this State, provision of medical services to these | ||||||
8 | persons,
general care and treatment, and any other factors | ||||||
9 | that may contribute to the death of any of
these persons, the | ||||||
10 | following information shall be made available to the public on | ||||||
11 | the
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
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25 | inmate's
in-custody death. | ||||||
26 | (k) The family, next of kin, or any other person |
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1 | reasonably nominated
by the decedent as an emergency contact | ||||||
2 | shall be notified as soon as
possible in a suitable manner | ||||||
3 | giving an accurate factual account of
the cause of death and | ||||||
4 | circumstances surrounding the death in
custody. | ||||||
5 | (l) The law enforcement agency shall name a
staff person | ||||||
6 | to act as dedicated family liaison officer to be a point of
| ||||||
7 | contact for the family, to make and maintain contact with the | ||||||
8 | family,
to report ongoing developments and findings of | ||||||
9 | investigations, and
to provide information and practical | ||||||
10 | support. If requested by the deceased's next of kin, the law | ||||||
11 | enforcement
agency shall arrange for a chaplain, counselor,
or | ||||||
12 | other suitable staff member to meet with the family and | ||||||
13 | discuss
any faith considerations or concerns. The family has a | ||||||
14 | right to the
medical records of a family member who has died in | ||||||
15 | custody and
these records shall be disclosed to them. | ||||||
16 | (m) It is unlawful for a person who is required under this | ||||||
17 | Section to file a report to fail to include in the report facts | ||||||
18 | known or discovered in the report
to the Illinois Criminal | ||||||
19 | Justice Information Authority. A violation of this Section is | ||||||
20 | a petty offense in which a fine of $500 per occurrence shall be | ||||||
21 | imposed. Moneys received from the fines imposed under this | ||||||
22 | subsection (m) shall be paid into the Criminal Justice | ||||||
23 | Information Systems Trust Fund.
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24 | Section 105. The Illinois Identification Card Act is | ||||||
25 | amended by changing Section 4 as follows:
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1 | (15 ILCS 335/4) (from Ch. 124, par. 24)
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2 | Sec. 4. Identification card.
| ||||||
3 | (a) The Secretary of State shall issue a
standard Illinois | ||||||
4 | Identification Card to any natural person who is a resident
of | ||||||
5 | the State of Illinois who applies for such card, or renewal | ||||||
6 | thereof. No identification card shall be issued to any person | ||||||
7 | who holds a valid
foreign state
identification card, license, | ||||||
8 | or permit unless the person first surrenders to
the Secretary | ||||||
9 | of
State the valid foreign state identification card, license, | ||||||
10 | or permit. The card shall be prepared and
supplied by the | ||||||
11 | Secretary of State and shall include a photograph and | ||||||
12 | signature or mark of the
applicant. However, the Secretary of | ||||||
13 | State may provide by rule for the issuance of Illinois | ||||||
14 | Identification Cards without photographs if the applicant has | ||||||
15 | a bona fide religious objection to being photographed or to | ||||||
16 | the display of his or her photograph. The Illinois | ||||||
17 | Identification Card may be used for
identification purposes in | ||||||
18 | any lawful situation only by the person to
whom it was issued.
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19 | As used in this Act, "photograph" means any color photograph | ||||||
20 | or digitally
produced and captured image of an applicant for | ||||||
21 | an identification card. As
used in this Act, "signature" means | ||||||
22 | the name of a person as written by that
person and captured in | ||||||
23 | a manner acceptable to the Secretary of State. | ||||||
24 | (a-5) If an applicant for an identification card has a | ||||||
25 | current driver's license or instruction permit issued by the |
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| |||||||
1 | Secretary of State, the Secretary may require the applicant to | ||||||
2 | utilize the same residence address and name on the | ||||||
3 | identification card, driver's license, and instruction permit | ||||||
4 | records maintained by the Secretary. The Secretary may | ||||||
5 | promulgate rules to implement this provision.
| ||||||
6 | (a-10) If the applicant is a judicial officer as defined | ||||||
7 | in Section 1-10 of the Judicial Privacy Act or a peace officer, | ||||||
8 | the applicant may elect to have his or her office or work | ||||||
9 | address listed on the card instead of the applicant's | ||||||
10 | residence or mailing address. The Secretary may promulgate | ||||||
11 | rules to implement this provision. For the purposes of this | ||||||
12 | subsection (a-10), "peace officer" means any person who by | ||||||
13 | virtue of his or her office or public employment is vested by | ||||||
14 | law with a duty to maintain public order or to make arrests for | ||||||
15 | a violation of any penal statute of this State, whether that | ||||||
16 | duty extends to all violations or is limited to specific | ||||||
17 | violations. | ||||||
18 | (a-15) The Secretary of State may provide for an expedited | ||||||
19 | process for the issuance of an Illinois Identification Card. | ||||||
20 | The Secretary shall charge an additional fee for the expedited | ||||||
21 | issuance of an Illinois Identification Card, to be set by | ||||||
22 | rule, not to exceed $75. All fees collected by the Secretary | ||||||
23 | for expedited Illinois Identification Card service shall be | ||||||
24 | deposited into the Secretary of State Special Services Fund. | ||||||
25 | The Secretary may adopt rules regarding the eligibility, | ||||||
26 | process, and fee for an expedited Illinois Identification |
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1 | Card. If the Secretary of State determines that the volume of | ||||||
2 | expedited identification card requests received on a given day | ||||||
3 | exceeds the ability of the Secretary to process those requests | ||||||
4 | in an expedited manner, the Secretary may decline to provide | ||||||
5 | expedited services, and the additional fee for the expedited | ||||||
6 | service shall be refunded to the applicant. | ||||||
7 | (a-20) The Secretary of State shall issue a standard | ||||||
8 | Illinois Identification Card to a committed person upon | ||||||
9 | release on parole, mandatory supervised release, aftercare | ||||||
10 | release, final discharge, or pardon from the Department of | ||||||
11 | Corrections or Department of Juvenile Justice, if the released | ||||||
12 | person presents a certified copy of his or her birth | ||||||
13 | certificate, social security card or other documents | ||||||
14 | authorized by the Secretary, and 2 documents proving his or | ||||||
15 | her Illinois residence address. Documents proving residence | ||||||
16 | address may include any official document of the Department of | ||||||
17 | Corrections or the Department of Juvenile Justice showing the | ||||||
18 | released person's address after release and a Secretary of | ||||||
19 | State prescribed certificate of residency form, which may be | ||||||
20 | executed by Department of Corrections or Department of | ||||||
21 | Juvenile Justice personnel. | ||||||
22 | (a-25) The Secretary of State shall issue a limited-term | ||||||
23 | Illinois Identification Card valid for 90 days to a committed | ||||||
24 | person upon release on parole, mandatory supervised release, | ||||||
25 | aftercare release, final discharge, or pardon from the | ||||||
26 | Department of Corrections or Department of Juvenile Justice, |
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1 | if the released person is unable to present a certified copy of | ||||||
2 | his or her birth certificate and social security card or other | ||||||
3 | documents authorized by the Secretary, but does present a | ||||||
4 | Secretary of State prescribed verification form completed by | ||||||
5 | the Department of Corrections or Department of Juvenile | ||||||
6 | Justice, verifying the released person's date of birth and | ||||||
7 | social security number and 2 documents proving his or her | ||||||
8 | Illinois residence address. The verification form must have | ||||||
9 | been completed no more than 30 days prior to the date of | ||||||
10 | application for the Illinois Identification Card. Documents | ||||||
11 | proving residence address shall include any official document | ||||||
12 | of the Department of Corrections or the Department of Juvenile | ||||||
13 | Justice showing the person's address after release and a | ||||||
14 | Secretary of State prescribed certificate of residency, which | ||||||
15 | may be executed by Department of Corrections or Department of | ||||||
16 | Juvenile Justice personnel. | ||||||
17 | Prior to the expiration of the 90-day period of the | ||||||
18 | limited-term Illinois Identification Card, if the released | ||||||
19 | person submits to the Secretary of State a certified copy of | ||||||
20 | his or her birth certificate and his or her social security | ||||||
21 | card or other documents authorized by the Secretary, a | ||||||
22 | standard Illinois Identification Card shall be issued. A | ||||||
23 | limited-term Illinois Identification Card may not be renewed. | ||||||
24 | (a-26) The Secretary of State shall track and issue an
| ||||||
25 | annual report to the Governor, Attorney General, and General
| ||||||
26 | Assembly detailing the number of permanent Illinois |
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| |||||||
1 | Identification Cards issued by the Secretary of State to
| ||||||
2 | persons presenting verification forms issued by the Department
| ||||||
3 | of Juvenile Justice and Department of Corrections. The report
| ||||||
4 | shall include comparable data from the previous calendar year
| ||||||
5 | and shall reflect any increases or decreases. The Secretary of
| ||||||
6 | State shall publish the report on the Secretary of State's
| ||||||
7 | website. | ||||||
8 | (a-30) The Secretary of State shall issue a standard | ||||||
9 | Illinois Identification Card to a person upon conditional | ||||||
10 | release or absolute discharge from the custody of the | ||||||
11 | Department of Human Services, if the person presents a | ||||||
12 | certified copy of his or her birth certificate, social | ||||||
13 | security card, or other documents authorized by the Secretary, | ||||||
14 | and a document proving his or her Illinois residence address. | ||||||
15 | The Secretary of State shall issue a standard Illinois | ||||||
16 | Identification Card to a person prior to his or her | ||||||
17 | conditional release or absolute discharge if personnel from | ||||||
18 | the Department of Human Services bring the person to a | ||||||
19 | Secretary of State location with the required documents. | ||||||
20 | Documents proving residence address may include any official | ||||||
21 | document of the Department of Human Services showing the | ||||||
22 | person's address after release and a Secretary of State | ||||||
23 | prescribed verification form, which may be executed by | ||||||
24 | personnel of the Department of Human Services. | ||||||
25 | (a-35) The Secretary of State shall issue a limited-term | ||||||
26 | Illinois Identification Card valid for 90 days to a person |
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| |||||||
1 | upon conditional release or absolute discharge from the | ||||||
2 | custody of the Department of Human Services, if the person is | ||||||
3 | unable to present a certified copy of his or her birth | ||||||
4 | certificate and social security card or other documents | ||||||
5 | authorized by the Secretary, but does present a Secretary of | ||||||
6 | State prescribed verification form completed by the Department | ||||||
7 | of Human Services, verifying the person's date of birth and | ||||||
8 | social security number, and a document proving his or her | ||||||
9 | Illinois residence address. The verification form must have | ||||||
10 | been completed no more than 30 days prior to the date of | ||||||
11 | application for the Illinois Identification Card. The | ||||||
12 | Secretary of State shall issue a limited-term Illinois | ||||||
13 | Identification Card to a person no sooner than 14 days prior to | ||||||
14 | his or her conditional release or absolute discharge if | ||||||
15 | personnel from the Department of Human Services bring the | ||||||
16 | person to a Secretary of State location with the required | ||||||
17 | documents. Documents proving residence address shall include | ||||||
18 | any official document of the Department of Human Services | ||||||
19 | showing the person's address after release and a Secretary of | ||||||
20 | State prescribed verification form, which may be executed
by | ||||||
21 | personnel of the Department of Human Services. | ||||||
22 | (b) The Secretary of State shall issue a special Illinois
| ||||||
23 | Identification Card, which shall be known as an Illinois | ||||||
24 | Person with a Disability
Identification Card, to any natural | ||||||
25 | person who is a resident of the State
of Illinois, who is a | ||||||
26 | person with a disability as defined in Section 4A of this Act,
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| |||||||
1 | who applies for such card, or renewal thereof. No Illinois | ||||||
2 | Person with a Disability Identification Card shall be issued | ||||||
3 | to any person who
holds a valid
foreign state identification | ||||||
4 | card, license, or permit unless the person first
surrenders to | ||||||
5 | the
Secretary of State the valid foreign state identification | ||||||
6 | card, license, or
permit. The Secretary of State
shall charge | ||||||
7 | no fee to issue such card. The card shall be prepared and
| ||||||
8 | supplied by the Secretary of State, and shall include a | ||||||
9 | photograph and signature or mark of the
applicant, a | ||||||
10 | designation indicating that the card is an Illinois
Person | ||||||
11 | with a Disability Identification Card, and shall include a | ||||||
12 | comprehensible designation
of the type and classification of | ||||||
13 | the applicant's disability as set out in
Section 4A of this | ||||||
14 | Act. However, the Secretary of State may provide by rule for | ||||||
15 | the issuance of Illinois Person with a Disability | ||||||
16 | Identification Cards without photographs if the applicant has | ||||||
17 | a bona fide religious objection to being photographed or to | ||||||
18 | the display of his or her photograph. If the applicant so | ||||||
19 | requests, the card shall
include a description of the | ||||||
20 | applicant's disability and any information
about the | ||||||
21 | applicant's disability or medical history which the Secretary
| ||||||
22 | determines would be helpful to the applicant in securing | ||||||
23 | emergency medical
care. If a mark is used in lieu of a | ||||||
24 | signature, such mark
shall be affixed to the card in the | ||||||
25 | presence of two witnesses who attest to
the authenticity of | ||||||
26 | the mark. The Illinois
Person with a Disability Identification |
| |||||||
| |||||||
1 | Card may be used for identification purposes
in any lawful | ||||||
2 | situation by the person to whom it was issued.
| ||||||
3 | The Illinois Person with a Disability Identification Card | ||||||
4 | may be used as adequate
documentation of disability in lieu of | ||||||
5 | a physician's determination of
disability, a determination of | ||||||
6 | disability from a physician assistant, a determination of | ||||||
7 | disability from an advanced practice registered
nurse, or any
| ||||||
8 | other documentation
of disability whenever
any
State law
| ||||||
9 | requires that a person with a disability provide such | ||||||
10 | documentation of disability,
however an Illinois Person with a | ||||||
11 | Disability Identification Card shall not qualify
the | ||||||
12 | cardholder to participate in any program or to receive any | ||||||
13 | benefit
which is not available to all persons with like | ||||||
14 | disabilities.
Notwithstanding any other provisions of law, an | ||||||
15 | Illinois Person with a Disability
Identification Card, or | ||||||
16 | evidence that the Secretary of State has issued an
Illinois | ||||||
17 | Person with a Disability Identification Card, shall not be | ||||||
18 | used by any
person other than the person named on such card to | ||||||
19 | prove that the person
named on such card is a person with a | ||||||
20 | disability or for any other purpose unless the
card is used for | ||||||
21 | the benefit of the person named on such card, and the
person | ||||||
22 | named on such card consents to such use at the time the card is | ||||||
23 | so used.
| ||||||
24 | An optometrist's determination of a visual disability | ||||||
25 | under Section 4A of this Act is acceptable as documentation | ||||||
26 | for the purpose of issuing an Illinois Person with a |
| |||||||
| |||||||
1 | Disability Identification Card. | ||||||
2 | When medical information is contained on an Illinois | ||||||
3 | Person with a Disability
Identification Card, the Office of | ||||||
4 | the Secretary of State shall not be
liable for any actions | ||||||
5 | taken based upon that medical information.
| ||||||
6 | (c) The Secretary of State shall provide
that each | ||||||
7 | original or renewal Illinois Identification Card or Illinois
| ||||||
8 | Person with a Disability Identification Card issued to a | ||||||
9 | person under the age of 21
shall be of a distinct nature from | ||||||
10 | those Illinois Identification Cards or
Illinois Person with a | ||||||
11 | Disability Identification Cards issued to individuals 21
years | ||||||
12 | of age or older. The color designated for Illinois | ||||||
13 | Identification
Cards or Illinois Person with a Disability | ||||||
14 | Identification Cards for persons under
the age of 21 shall be | ||||||
15 | at the discretion of the Secretary of State.
| ||||||
16 | (c-1) Each original or renewal Illinois
Identification | ||||||
17 | Card or Illinois Person with a Disability Identification Card | ||||||
18 | issued to
a person under the age of 21 shall display the date | ||||||
19 | upon which the person
becomes 18 years of age and the date upon | ||||||
20 | which the person becomes 21 years of
age.
| ||||||
21 | (c-3) The General Assembly recognizes the need to identify | ||||||
22 | military veterans living in this State for the purpose of | ||||||
23 | ensuring that they receive all of the services and benefits to | ||||||
24 | which they are legally entitled, including healthcare, | ||||||
25 | education assistance, and job placement. To assist the State | ||||||
26 | in identifying these veterans and delivering these vital |
| |||||||
| |||||||
1 | services and benefits, the Secretary of State is authorized to | ||||||
2 | issue Illinois Identification Cards and Illinois Person with a | ||||||
3 | Disability Identification Cards with the word "veteran" | ||||||
4 | appearing on the face of the cards. This authorization is | ||||||
5 | predicated on the unique status of veterans. The Secretary may | ||||||
6 | not issue any other identification card which identifies an | ||||||
7 | occupation, status, affiliation, hobby, or other unique | ||||||
8 | characteristics of the identification card holder which is | ||||||
9 | unrelated to the purpose of the identification card.
| ||||||
10 | (c-5) Beginning on or before July 1, 2015, the Secretary | ||||||
11 | of State shall designate a space on each original or renewal | ||||||
12 | identification card where, at the request of the applicant, | ||||||
13 | the word "veteran" shall be placed. The veteran designation | ||||||
14 | shall be available to a person identified as a veteran under | ||||||
15 | subsection (b) of Section 5 of this Act who was discharged or | ||||||
16 | separated under honorable conditions. | ||||||
17 | (d) The Secretary of State may issue a Senior Citizen
| ||||||
18 | discount card, to any natural person who is a resident of the | ||||||
19 | State of
Illinois who is 60 years of age or older and who | ||||||
20 | applies for such a card or
renewal thereof. The Secretary of | ||||||
21 | State shall charge no fee to issue such
card. The card shall be | ||||||
22 | issued in every county and applications shall be
made | ||||||
23 | available at, but not limited to, nutrition sites, senior | ||||||
24 | citizen
centers and Area Agencies on Aging. The applicant, | ||||||
25 | upon receipt of such
card and prior to its use for any purpose, | ||||||
26 | shall have affixed thereon in
the space provided therefor his |
| |||||||
| |||||||
1 | signature or mark.
| ||||||
2 | (e) The Secretary of State, in his or her discretion, may | ||||||
3 | designate on each Illinois
Identification Card or Illinois | ||||||
4 | Person with a Disability Identification Card a space where the | ||||||
5 | card holder may place a sticker or decal, issued by the | ||||||
6 | Secretary of State, of uniform size as the Secretary may | ||||||
7 | specify, that shall indicate in appropriate language that the | ||||||
8 | card holder has renewed his or her Illinois
Identification | ||||||
9 | Card 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 | ||||||
12 | changing 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 | ||||||
15 | Justice. | ||||||
16 | (a) Upon release of a youth on aftercare, the Department | ||||||
17 | shall return all property held for the youth, provide the | ||||||
18 | youth with suitable clothing, and procure necessary | ||||||
19 | transportation for the youth to his or her designated place of | ||||||
20 | residence and employment. It may provide the youth with a | ||||||
21 | grant of money for travel and expenses which may be paid in | ||||||
22 | installments. The amount of the money grant shall be | ||||||
23 | determined by the Department. | ||||||
24 | (b) Before a wrongfully imprisoned person, as defined in |
| |||||||
| |||||||
1 | Section 3-1-2 of this Code, is discharged from the Department, | ||||||
2 | the Department shall provide him or her with any documents | ||||||
3 | necessary after discharge. | ||||||
4 | (c) The Department of Juvenile Justice may establish and | ||||||
5 | maintain, in any institution it administers, revolving funds | ||||||
6 | to be known as "Travel and Allowances Revolving Funds". These | ||||||
7 | revolving funds shall be used for advancing travel and expense | ||||||
8 | allowances to committed, released, and discharged youth. The | ||||||
9 | moneys paid into these revolving funds shall be from | ||||||
10 | appropriations to the Department for committed, released, and | ||||||
11 | discharged prisoners. | ||||||
12 | (d) Upon the release of a youth on aftercare, the | ||||||
13 | Department shall provide that youth with information | ||||||
14 | concerning programs and services of the Department of Public | ||||||
15 | Health to ascertain whether that youth has been exposed to the | ||||||
16 | human immunodeficiency virus (HIV) or any identified causative | ||||||
17 | agent of Acquired Immunodeficiency Syndrome (AIDS). | ||||||
18 | (e) Upon the release of a youth on aftercare or who has | ||||||
19 | been wrongfully imprisoned, the Department shall verify the | ||||||
20 | youth's full name, date of birth, and social security number. | ||||||
21 | If verification is made by the Department by obtaining a | ||||||
22 | certified copy of the youth's birth certificate and the | ||||||
23 | youth's social security card or other documents authorized by | ||||||
24 | the Secretary, the Department shall provide the birth | ||||||
25 | certificate and social security card or other documents | ||||||
26 | authorized by the Secretary to the youth. If verification is |
| |||||||
| |||||||
1 | done by means other than obtaining a certified copy of the | ||||||
2 | youth's birth certificate and the youth's social security card | ||||||
3 | or other documents authorized by the Secretary, the Department | ||||||
4 | shall complete a verification form, prescribed by the | ||||||
5 | Secretary of State and shall provide that verification form to | ||||||
6 | the youth. | ||||||
7 | (f) In order to determine how many persons released from | ||||||
8 | incarceration in the Department of
Juvenile Justice obtained | ||||||
9 | permanent Illinois Identification Cards, the
Department of | ||||||
10 | Juvenile Justice shall track and issue an annual
report to the | ||||||
11 | Governor, Attorney General, and General Assembly detailing the | ||||||
12 | number of birth certificates obtained for persons while
in its | ||||||
13 | custody, the number of social security cards obtained for | ||||||
14 | persons while in its custody, and
the number of verification | ||||||
15 | forms issued to persons in its custody within 30 days of a | ||||||
16 | person's
release from custody. The report shall include | ||||||
17 | comparable data from the previous calendar year and
shall | ||||||
18 | reflect any increases or decreases. The Department of Juvenile | ||||||
19 | Justice shall
publish the reports on its website.
| ||||||
20 | (Source: P.A. 98-558, eff. 1-1-14; 98-685, eff. 1-1-15; | ||||||
21 | 99-907, 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, | ||||||
25 | final
discharge, or pardon, the Department shall return all |
| |||||||
| |||||||
1 | property held for
him, provide him with suitable clothing and | ||||||
2 | procure necessary
transportation for him to his designated | ||||||
3 | place of residence and
employment. It may provide such person | ||||||
4 | with a grant of money for travel and
expenses which may be paid | ||||||
5 | in installments. The amount of the money grant
shall be | ||||||
6 | determined by the Department.
| ||||||
7 | (a-1) The Department shall, before a wrongfully imprisoned | ||||||
8 | person, as defined in Section 3-1-2 of this Code, is | ||||||
9 | discharged from the Department, provide him or her with any | ||||||
10 | documents necessary after discharge. | ||||||
11 | (a-2) The Department of Corrections may establish and | ||||||
12 | maintain, in any institution
it administers, revolving funds | ||||||
13 | to be known as "Travel and Allowances Revolving
Funds". These | ||||||
14 | revolving funds shall be used for advancing travel and expense
| ||||||
15 | allowances to committed, paroled, and discharged prisoners. | ||||||
16 | The moneys
paid into such revolving funds shall be from | ||||||
17 | appropriations to the Department
for Committed, Paroled, and | ||||||
18 | Discharged Prisoners.
| ||||||
19 | (a-3) Upon release of a person who is eligible to vote on | ||||||
20 | parole, mandatory release, final discharge, or pardon, the | ||||||
21 | Department shall provide the person with a form that informs | ||||||
22 | him or her that his or her voting rights have been restored and | ||||||
23 | a voter registration application. The Department shall have | ||||||
24 | available voter registration applications in the languages | ||||||
25 | provided by the Illinois State Board of Elections. The form | ||||||
26 | that informs the person that his or her rights have been |
| |||||||
| |||||||
1 | restored 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 | ||||||
7 | person received the voter registration application and has | ||||||
8 | been informed that his or her voting rights have been | ||||||
9 | restored. | ||||||
10 | (a-4) Prior to release of a person on parole, mandatory | ||||||
11 | supervised release, final discharge, or pardon, the Department | ||||||
12 | shall screen every person for Medicaid eligibility. Officials | ||||||
13 | of the correctional institution or facility where the | ||||||
14 | committed person is assigned shall assist an eligible person | ||||||
15 | to complete a Medicaid application to ensure that the person | ||||||
16 | begins receiving benefits as soon as possible after his or her | ||||||
17 | release. The application must include the eligible person's | ||||||
18 | address associated with his or her residence upon release from | ||||||
19 | the facility. If the residence is temporary, the eligible | ||||||
20 | person must notify the Department of Human Services of his or | ||||||
21 | her change in address upon transition to permanent housing. | ||||||
22 | (b) (Blank).
| ||||||
23 | (c) Except as otherwise provided in this Code, the | ||||||
24 | Department shall
establish procedures to provide written | ||||||
25 | notification of any release of any
person who has been | ||||||
26 | convicted of a felony to the State's Attorney
and sheriff of |
| |||||||
| |||||||
1 | the county from which the offender was committed, and the
| ||||||
2 | State's Attorney and sheriff of the county into which the | ||||||
3 | offender is to be
paroled or released. Except as otherwise | ||||||
4 | provided in this Code, the
Department shall establish | ||||||
5 | procedures to provide written notification to
the proper law | ||||||
6 | enforcement agency for any municipality of any release of any
| ||||||
7 | person who has been convicted of a felony if the arrest of the | ||||||
8 | offender or the
commission of the offense took place in the | ||||||
9 | municipality, if the offender is to
be paroled or released | ||||||
10 | into the municipality, or if the offender resided in the
| ||||||
11 | municipality at the time of the commission of the offense. If a | ||||||
12 | person
convicted of a felony who is in the custody of the | ||||||
13 | Department of Corrections or
on parole or mandatory supervised | ||||||
14 | release informs the Department that he or she
has resided, | ||||||
15 | resides, or will
reside at an address that is a housing | ||||||
16 | facility owned, managed,
operated, or leased by a public | ||||||
17 | housing agency, the Department must send
written notification | ||||||
18 | of that information to the public housing agency that
owns, | ||||||
19 | manages, operates, or leases the housing facility. The written
| ||||||
20 | notification shall, when possible, be given at least 14 days | ||||||
21 | before release of
the person from custody, or as soon | ||||||
22 | thereafter as possible. The written notification shall be | ||||||
23 | provided electronically if the State's Attorney, sheriff, | ||||||
24 | proper law enforcement agency, or public housing agency has | ||||||
25 | provided the Department with an accurate and up to date email | ||||||
26 | address.
|
| |||||||
| |||||||
1 | (c-1) (Blank). | ||||||
2 | (c-2) The Department shall establish procedures to provide | ||||||
3 | notice to the Illinois State Police of the release or | ||||||
4 | discharge of persons convicted of violations of the | ||||||
5 | Methamphetamine Control and Community
Protection Act or a | ||||||
6 | violation of the Methamphetamine Precursor Control Act. The | ||||||
7 | Illinois State Police shall make this information available to | ||||||
8 | local, State, or federal law enforcement agencies upon | ||||||
9 | request. | ||||||
10 | (c-5) If a person on parole or mandatory supervised | ||||||
11 | release becomes a resident of a facility licensed or regulated | ||||||
12 | by the Department of Public Health, the Illinois Department of | ||||||
13 | Public Aid, or the Illinois Department of Human Services, the | ||||||
14 | Department of Corrections shall provide copies of the | ||||||
15 | following information to the appropriate licensing or | ||||||
16 | regulating Department and the licensed or regulated facility | ||||||
17 | where 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 |
| |||||||
| |||||||
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 | ||||||
6 | person becoming a resident of the facility.
| ||||||
7 | (c-10) If a person on parole or mandatory supervised | ||||||
8 | release becomes a resident of a facility licensed or regulated | ||||||
9 | by the Department of Public Health, the Illinois Department of | ||||||
10 | Public Aid, or the Illinois Department of Human Services, the | ||||||
11 | Department of Corrections shall provide written notification | ||||||
12 | of 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 | ||||||
18 | person becoming a resident of the facility.
| ||||||
19 | (d) Upon the release of a committed person on parole, | ||||||
20 | mandatory
supervised release, final discharge, or pardon, the | ||||||
21 | Department shall provide
such person with information | ||||||
22 | concerning programs and services of the
Illinois Department of | ||||||
23 | Public Health to ascertain whether such person has
been | ||||||
24 | exposed to the human immunodeficiency virus (HIV) or any | ||||||
25 | identified
causative agent of Acquired Immunodeficiency | ||||||
26 | Syndrome (AIDS).
|
| |||||||
| |||||||
1 | (e) Upon the release of a committed person on parole, | ||||||
2 | mandatory supervised
release, final discharge, pardon, or who | ||||||
3 | has been wrongfully imprisoned, the Department shall verify | ||||||
4 | the released person's full name, date of birth, and social | ||||||
5 | security number. If verification is made by the Department by | ||||||
6 | obtaining a certified copy of the released person's birth | ||||||
7 | certificate and the released person's social security card or | ||||||
8 | other documents authorized by the Secretary, the Department | ||||||
9 | shall provide the birth certificate and social security card | ||||||
10 | or other documents authorized by the Secretary to the released | ||||||
11 | person. If verification by the Department is done by means | ||||||
12 | other than obtaining a certified copy of the released person's | ||||||
13 | birth certificate and the released person's social security | ||||||
14 | card or other documents authorized by the Secretary, the | ||||||
15 | Department shall complete a verification form, prescribed by | ||||||
16 | the Secretary of State, and shall provide that verification | ||||||
17 | form to the released person.
| ||||||
18 | (f) Forty-five days prior to the scheduled discharge of a | ||||||
19 | person committed to the custody of the Department of | ||||||
20 | Corrections, 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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
1 | The Department may adopt rules to implement this Section. | ||||||
2 | (g) In order to determine how many persons released from
| ||||||
3 | incarceration in the Department obtained permanent Illinois
| ||||||
4 | Identification Cards, the Department shall track and issue an
| ||||||
5 | annual report to the Governor, Attorney General, and General
| ||||||
6 | Assembly detailing the number of birth certificates obtained
| ||||||
7 | for persons while in its custody, the number of social
| ||||||
8 | security cards obtained for persons while in its custody, and
| ||||||
9 | the number of verification forms issued to persons in its
| ||||||
10 | custody within 30 days of a person's release from custody. The
| ||||||
11 | report shall include comparable data from the previous
| ||||||
12 | calendar year and shall reflect any increases or decreases.
| ||||||
13 | The Department shall publish the reports on its website. | ||||||
14 | (Source: P.A. 101-351, eff. 1-1-20; 101-442, eff. 1-1-20; | ||||||
15 | 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-606, eff. | ||||||
16 | 1-1-22; 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 | ||||||
19 | Detention
and Shelter Care Facilities. | ||||||
20 | (a) The Department of Corrections shall establish for the | ||||||
21 | operation of county and
municipal jails and houses of | ||||||
22 | correction, minimum standards for the physical
condition of | ||||||
23 | such institutions and for the treatment of inmates with
| ||||||
24 | respect to their health and safety and the security of the | ||||||
25 | community.
|
| |||||||
| |||||||
1 | The Department of Juvenile Justice shall establish for the | ||||||
2 | operation of county juvenile detention
and shelter care | ||||||
3 | facilities established pursuant to the County Shelter
Care and | ||||||
4 | Detention Home Act, minimum standards for the physical
| ||||||
5 | condition of such institutions and for the treatment of | ||||||
6 | juveniles with
respect to their health and safety and the | ||||||
7 | security of the community.
| ||||||
8 | Such standards shall not apply to county shelter care | ||||||
9 | facilities which
were in operation prior to January 1, 1980. | ||||||
10 | Such standards shall not seek
to mandate minimum floor space | ||||||
11 | requirements for each inmate housed in cells
and detention | ||||||
12 | rooms in county and
municipal jails and houses of correction.
| ||||||
13 | However, no more than two inmates may be housed in a single | ||||||
14 | cell or detention
room.
| ||||||
15 | When an inmate is tested for an airborne
communicable | ||||||
16 | disease, as determined by the Illinois Department of Public
| ||||||
17 | Health including but not limited to tuberculosis, the results | ||||||
18 | of
the test
shall be personally delivered by the warden or his | ||||||
19 | or her designee in a sealed
envelope to the judge of the court | ||||||
20 | in which the inmate must appear for the
judge's inspection in | ||||||
21 | camera if requested by the judge. Acting in accordance
with | ||||||
22 | the best interests of those in the courtroom, the judge shall | ||||||
23 | have the
discretion to determine what if any precautions need | ||||||
24 | to be taken to prevent
transmission of the disease in the | ||||||
25 | courtroom.
| ||||||
26 | (b) At least once each year, the Department of Corrections |
| |||||||
| |||||||
1 | may inspect each
adult
facility for compliance with the | ||||||
2 | standards established and the results
of such inspection shall | ||||||
3 | be made available by the Department for public
inspection. At | ||||||
4 | least once each year, the Department of Juvenile Justice shall | ||||||
5 | inspect each
county juvenile detention and shelter care | ||||||
6 | facility for compliance with the
standards established, and | ||||||
7 | the Department of Juvenile Justice shall make the results of | ||||||
8 | such
inspections available for public inspection.
If any | ||||||
9 | detention, shelter care or correctional facility does
not | ||||||
10 | comply with the standards established, the Director of | ||||||
11 | Corrections
or the Director of Juvenile Justice, as the case | ||||||
12 | may be, shall give notice to the county board and the sheriff | ||||||
13 | or the corporate
authorities of the municipality, as the case | ||||||
14 | may be, of such
noncompliance, specifying the particular | ||||||
15 | standards that have not been
met by such facility. If the | ||||||
16 | facility is not in compliance with such
standards when six | ||||||
17 | months have elapsed from the giving of such notice,
the | ||||||
18 | Director of Corrections or the Director of Juvenile Justice, | ||||||
19 | as the case may be, may petition the appropriate court for an
| ||||||
20 | order requiring such facility to comply with the standards | ||||||
21 | established
by the Department or for other appropriate relief.
| ||||||
22 | (c) The Department of Corrections may provide consultation | ||||||
23 | services for the
design, construction, programs and | ||||||
24 | administration of correctional facilities and services for | ||||||
25 | adults
operated by counties and municipalities and may make | ||||||
26 | studies and
surveys of the programs and the administration of |
| |||||||
| |||||||
1 | such facilities.
Personnel of the Department shall be admitted | ||||||
2 | to these facilities as
required for such purposes. The | ||||||
3 | Department may develop and administer
programs of | ||||||
4 | grants-in-aid for correctional services in cooperation with
| ||||||
5 | local agencies. The Department may provide courses of training | ||||||
6 | for the
personnel of such institutions and conduct pilot | ||||||
7 | projects in the
institutions.
| ||||||
8 | (c-5) The Department of Juvenile Justice may provide | ||||||
9 | consultation services for the
design, construction, programs, | ||||||
10 | and administration of detention and shelter care services for | ||||||
11 | children operated by counties and municipalities and may make | ||||||
12 | studies and
surveys of the programs and the administration of | ||||||
13 | such facilities.
Personnel of the Department of Juvenile | ||||||
14 | Justice shall be admitted to these facilities as
required for | ||||||
15 | such purposes. The Department of Juvenile Justice may develop | ||||||
16 | and administer
programs of grants-in-aid for juvenile | ||||||
17 | correctional services in cooperation with
local agencies. The | ||||||
18 | Department of Juvenile Justice may provide courses of training | ||||||
19 | for the
personnel of such institutions and conduct pilot | ||||||
20 | projects in the
institutions.
| ||||||
21 | (d) The Department is authorized to issue reimbursement | ||||||
22 | grants for
counties, municipalities or public building | ||||||
23 | commissions for the purpose of
meeting minimum correctional | ||||||
24 | facilities standards set by the Department
under this Section. | ||||||
25 | Grants may be issued only for projects that were
completed | ||||||
26 | after July 1, 1980 and initiated prior to January 1, 1987.
|
| |||||||
| |||||||
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 | ||||||
13 | issued by the
Capital Development Board from capital | ||||||
14 | development bond funds after
application by a county or | ||||||
15 | counties, municipality or municipalities or
public building | ||||||
16 | commission or commissions and approval of a construction or
| ||||||
17 | renovation grant by the Department for projects initiated | ||||||
18 | after
January 1, 1987.
| ||||||
19 | (e) The Department of Corrections shall adopt standards | ||||||
20 | for county jails to hold
juveniles on a temporary basis, as | ||||||
21 | provided in Section 5-410 of the
Juvenile Court Act of 1987. | ||||||
22 | These standards shall include monitoring,
educational, | ||||||
23 | recreational, and disciplinary standards as well
as access to | ||||||
24 | medical services, crisis intervention, mental health services,
| ||||||
25 | suicide prevention, health care, nutritional needs, and | ||||||
26 | visitation rights. The
Department of Corrections shall also |
| |||||||
| |||||||
1 | notify any county applying to hold juveniles in a county
jail | ||||||
2 | of the standards for juvenile detention
under Section 5-410 of | ||||||
3 | the Juvenile Court Act of
1987.
| ||||||
4 | (f) The report of a death of a person to the Illinois | ||||||
5 | Criminal Justice Information Authority under the Reporting of | ||||||
6 | Deaths in Custody Act that occurs while the person is in the | ||||||
7 | custody of a county juvenile detention
or shelter care | ||||||
8 | facility shall be transmitted to the Department of Juvenile | ||||||
9 | Justice. The report of a death of a person under the Reporting | ||||||
10 | of Deaths in Custody Act that occurs while the person is in the | ||||||
11 | custody of a county or
municipal jail or house of correction | ||||||
12 | shall be transmitted to the Department of Corrections. The | ||||||
13 | report of those deaths as provided in this subsection (f) | ||||||
14 | shall be the only report of those deaths that is required to be | ||||||
15 | reported by the Department of Corrections and the Department | ||||||
16 | of Juvenile Justice to the Illinois Criminal Justice | ||||||
17 | Information Authority. | ||||||
18 | (Source: P.A. 98-685, eff. 1-1-15 .)
|