HB5915 EngrossedLRB099 16735 AXK 44948 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Identification Card Act is amended
5by changing Sections 4 and 12 as follows:
 
6    (15 ILCS 335/4)  (from Ch. 124, par. 24)
7    Sec. 4. Identification Card.
8    (a) The Secretary of State shall issue a standard Illinois
9Identification Card to any natural person who is a resident of
10the State of Illinois who applies for such card, or renewal
11thereof, or who applies for a standard Illinois Identification
12Card upon release as a committed person on parole, mandatory
13supervised release, aftercare release, final discharge, or
14pardon from the Department of Corrections or Department of
15Juvenile Justice by submitting an identification card issued by
16the Department of Corrections or Department of Juvenile Justice
17under Section 3-14-1 or Section 3-2.5-70 of the Unified Code of
18Corrections, together with the prescribed fees. No
19identification card shall be issued to any person who holds a
20valid foreign state identification card, license, or permit
21unless the person first surrenders to the Secretary of State
22the valid foreign state identification card, license, or
23permit. The card shall be prepared and supplied by the

 

 

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1Secretary of State and shall include a photograph and signature
2or mark of the applicant. However, the Secretary of State may
3provide by rule for the issuance of Illinois Identification
4Cards without photographs if the applicant has a bona fide
5religious objection to being photographed or to the display of
6his or her photograph. The Illinois Identification Card may be
7used for identification purposes in any lawful situation only
8by the person to whom it was issued. As used in this Act,
9"photograph" means any color photograph or digitally produced
10and captured image of an applicant for an identification card.
11As used in this Act, "signature" means the name of a person as
12written by that person and captured in a manner acceptable to
13the Secretary of State.
14    (a-3) The Secretary shall issue a standard Illinois
15Identification Card to any natural person who applies for a
16standard Illinois Identification Card upon release as a
17committed person on parole, mandatory supervised release,
18aftercare release, final discharge, or pardon from the
19Department of Corrections or the Department of Juvenile Justice
20if the released person provides the Secretary with a certified
21copy of his or her birth certificate and social security card,
22and 2 documents showing his or her Illinois residence address,
23which may include an official document from the Department of
24Corrections or the Department of Juvenile Justice or a
25certificate of residency form provided by the Secretary and
26executed by the Department of Corrections or the Department of

 

 

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1Juvenile Justice. If the person is unable to present the
2Secretary with a certified copy of his or her birth certificate
3or social security card, but does present a form completed by
4the Department of Corrections or the Department of Juvenile
5Justice that verifies his or her date of birth and social
6security number, and provides the 2 documents showing Illinois
7residency, then the Secretary shall issue a temporary Illinois
8Identification Card valid for 90 days which cannot be renewed.
9Before expiration of the 90-day period, the person may present
10the Secretary with a certified copy of his or her birth
11certificate and social security card to obtain a standard
12Illinois Identification Card.
13    (a-5) If an applicant for an identification card has a
14current driver's license or instruction permit issued by the
15Secretary of State, the Secretary may require the applicant to
16utilize the same residence address and name on the
17identification card, driver's license, and instruction permit
18records maintained by the Secretary. The Secretary may
19promulgate rules to implement this provision.
20    (a-10) If the applicant is a judicial officer as defined in
21Section 1-10 of the Judicial Privacy Act or a peace officer,
22the applicant may elect to have his or her office or work
23address listed on the card instead of the applicant's residence
24or mailing address. The Secretary may promulgate rules to
25implement this provision. For the purposes of this subsection
26(a-10), "peace officer" means any person who by virtue of his

 

 

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1or her office or public employment is vested by law with a duty
2to maintain public order or to make arrests for a violation of
3any penal statute of this State, whether that duty extends to
4all violations or is limited to specific violations.
5    (a-15) The Secretary of State may provide for an expedited
6process for the issuance of an Illinois Identification Card.
7The Secretary shall charge an additional fee for the expedited
8issuance of an Illinois Identification Card, to be set by rule,
9not to exceed $75. All fees collected by the Secretary for
10expedited Illinois Identification Card service shall be
11deposited into the Secretary of State Special Services Fund.
12The Secretary may adopt rules regarding the eligibility,
13process, and fee for an expedited Illinois Identification Card.
14If the Secretary of State determines that the volume of
15expedited identification card requests received on a given day
16exceeds the ability of the Secretary to process those requests
17in an expedited manner, the Secretary may decline to provide
18expedited services, and the additional fee for the expedited
19service shall be refunded to the applicant.
20    (b) The Secretary of State shall issue a special Illinois
21Identification Card, which shall be known as an Illinois Person
22with a Disability Identification Card, to any natural person
23who is a resident of the State of Illinois, who is a person
24with a disability as defined in Section 4A of this Act, who
25applies for such card, or renewal thereof. No Illinois Person
26with a Disability Identification Card shall be issued to any

 

 

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

 

 

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

 

 

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1based upon that medical information.
2    (c) The Secretary of State shall provide that each original
3or renewal Illinois Identification Card or Illinois Person with
4a Disability Identification Card issued to a person under the
5age of 21 shall be of a distinct nature from those Illinois
6Identification Cards or Illinois Person with a Disability
7Identification Cards issued to individuals 21 years of age or
8older. The color designated for Illinois Identification Cards
9or Illinois Person with a Disability Identification Cards for
10persons under the age of 21 shall be at the discretion of the
11Secretary of State.
12    (c-1) Each original or renewal Illinois Identification
13Card or Illinois Person with a Disability Identification Card
14issued to a person under the age of 21 shall display the date
15upon which the person becomes 18 years of age and the date upon
16which the person becomes 21 years of age.
17    (c-3) The General Assembly recognizes the need to identify
18military veterans living in this State for the purpose of
19ensuring that they receive all of the services and benefits to
20which they are legally entitled, including healthcare,
21education assistance, and job placement. To assist the State in
22identifying these veterans and delivering these vital services
23and benefits, the Secretary of State is authorized to issue
24Illinois Identification Cards and Illinois Person with a
25Disability Identification Cards with the word "veteran"
26appearing on the face of the cards. This authorization is

 

 

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

 

 

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1Secretary of State, of uniform size as the Secretary may
2specify, that shall indicate in appropriate language that the
3card holder has renewed his or her Illinois Identification Card
4or Illinois Person with a Disability Identification Card.
5(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
698-558, eff. 1-1-14; 98-756, eff. 7-16-14; 99-143, eff.
77-27-15; 99-173, eff. 7-29-15; 99-305, eff. 1-1-16; revised
810-14-15.)
 
9    (15 ILCS 335/12)  (from Ch. 124, par. 32)
10    Sec. 12. Fees concerning Standard Illinois Identification
11Cards. The fees required under this Act for standard Illinois
12Identification Cards must accompany any application provided
13for in this Act, and the Secretary shall collect such fees as
14follows:
15    a. Original card...............................$20
16    b. Renewal card................................20
17    c. Corrected card..............................10
18    d. Duplicate card..............................20
19    e. Certified copy with seal ...................5
20    f. Search .....................................2
21    g. Applicant 65 years of age or over ..........No Fee
22    h. (Blank) ....................................
23    i. Individual living in Veterans
24        Home or Hospital ...........................No Fee
25    j. Original card under 18 years of age..........$10

 

 

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1    k. Renewal card under 18 years of age...........$10
2    l. Corrected card under 18 years of age.........$5
3    m. Duplicate card under 18 years of age.........$10
4    n. Homeless person..............................No Fee
5    o. Duplicate card issued to an active-duty
6        member of the United States Armed Forces, the
7        member's spouse, or dependent children
8        living with the member......................No Fee
9    p. Original card issued to a person upon release
10as a committed person on parole, mandatory supervised
11release, aftercare release, final discharge, or
12pardon from the Department of Corrections or the
13Department of Juvenile Justice.No fee
14    q. Temporary card issued to a person upon release
15as a committed person on parole, mandatory supervised
16release, aftercare release, final discharge, or
17pardon from the Department of Corrections or the
18Department of Juvenile Justice.No fee
19    All fees collected under this Act shall be paid into the
20Road Fund of the State treasury, except that the following
21amounts shall be paid into the General Revenue Fund: (i) 80% of
22the fee for an original, renewal, or duplicate Illinois
23Identification Card issued on or after January 1, 2005; and
24(ii) 80% of the fee for a corrected Illinois Identification
25Card issued on or after January 1, 2005.
26    An individual, who resides in a veterans home or veterans

 

 

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1hospital operated by the state or federal government, who makes
2an application for an Illinois Identification Card to be issued
3at no fee, must submit, along with the application, an
4affirmation by the applicant on a form provided by the
5Secretary of State, that such person resides in a veterans home
6or veterans hospital operated by the state or federal
7government.
8    The application of a homeless individual for an Illinois
9Identification Card to be issued at no fee must be accompanied
10by an affirmation by a qualified person, as defined in Section
114C of this Act, on a form provided by the Secretary of State,
12that the applicant is currently homeless as defined in Section
131A of this Act.
14    The fee for any duplicate identification card shall be
15waived for any person who presents the Secretary of State's
16Office with a police report showing that his or her
17identification card was stolen.
18    The fee for any duplicate identification card shall be
19waived for any person age 60 or older whose identification card
20has been lost or stolen.
21    As used in this Section, "active-duty member of the United
22States Armed Forces" means a member of the Armed Services or
23Reserve Forces of the United States or a member of the Illinois
24National Guard who is called to active duty pursuant to an
25executive order of the President of the United States, an act
26of the Congress of the United States, or an order of the

 

 

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1Governor.
2(Source: P.A. 96-183, eff. 7-1-10; 96-1231, eff. 7-23-10;
397-333, eff. 8-12-11; 97-1064, eff. 1-1-13.)
 
4    Section 10. The Unified Code of Corrections is amended by
5changing Sections 3-2.5-75 and 3-14-1 as follows:
 
6    (730 ILCS 5/3-2.5-75)
7    Sec. 3-2.5-75. Release from Department of Juvenile
8Justice.
9    (a) Upon release of a youth on aftercare, the Department
10shall return all property held for the youth, provide the youth
11with suitable clothing, and procure necessary transportation
12for the youth to his or her designated place of residence and
13employment. It may provide the youth with a grant of money for
14travel and expenses which may be paid in installments. The
15amount of the money grant shall be determined by the
16Department.
17    (b) Before a wrongfully imprisoned person, as defined in
18Section 3-1-2 of this Code, is discharged from the Department,
19the Department shall provide him or her with any documents
20necessary after discharge, and shall verify the youth's
21identifying information including an identification card under
22subsection (e) of this Section.
23    (c) The Department of Juvenile Justice may establish and
24maintain, in any institution it administers, revolving funds to

 

 

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1be known as "Travel and Allowances Revolving Funds". These
2revolving funds shall be used for advancing travel and expense
3allowances to committed, released, and discharged youth. The
4moneys paid into these revolving funds shall be from
5appropriations to the Department for committed, released, and
6discharged prisoners.
7    (d) Upon the release of a youth on aftercare, the
8Department shall provide that youth with information
9concerning programs and services of the Department of Public
10Health to ascertain whether that youth has been exposed to the
11human immunodeficiency virus (HIV) or any identified causative
12agent of Acquired Immunodeficiency Syndrome (AIDS).
13    (e) Upon the release of a youth on aftercare or who has
14been wrongfully imprisoned, the Department shall verify the
15youth's full name, date of birth, and social security number.
16If verification is made by the Department through obtaining a
17certified copy of the youth's birth certificate or social
18security card, the Department shall provide those documents to
19the youth. If verification is obtained through other means, the
20Department shall complete a verification form, provided by the
21Secretary of State, and shall provide the youth that form.
22provide the youth who has met the criteria established by the
23Department with an identification card identifying the youth as
24being on aftercare or wrongfully imprisoned, as the case may
25be. The Department, in consultation with the Office of the
26Secretary of State, shall prescribe the form of the

 

 

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1identification card, which may be similar to the form of the
2standard Illinois Identification Card. The Department shall
3inform the youth that he or she may present the identification
4card to the Office of the Secretary of State upon application
5for a standard Illinois Identification Card in accordance with
6the Illinois Identification Card Act. The Department shall
7require the youth to pay a $1 fee for the identification card.
8    For purposes of a youth receiving an identification card
9issued by the Department under this subsection, the Department
10shall establish criteria that the youth must meet before the
11card is issued. It is the sole responsibility of the youth
12requesting the identification card issued by the Department to
13meet the established criteria. The youth's failure to meet the
14criteria is sufficient reason to deny the youth the
15identification card. An identification card issued by the
16Department under this subsection shall be valid for a period of
17time not to exceed 30 calendar days from the date the card is
18issued. The Department shall not be held civilly or criminally
19liable to anyone because of any act of any person utilizing a
20card issued by the Department under this subsection.
21    The Department shall adopt rules governing the issuance of
22identification cards to youth being released on aftercare or
23pardon.
24(Source: P.A. 98-558, eff. 1-1-14; 98-685, eff. 1-1-15.)
 
25    (730 ILCS 5/3-14-1)  (from Ch. 38, par. 1003-14-1)

 

 

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1    Sec. 3-14-1. Release from the Institution.
2    (a) Upon release of a person on parole, mandatory release,
3final discharge or pardon the Department shall return all
4property held for him, provide him with suitable clothing and
5procure necessary transportation for him to his designated
6place of residence and employment. It may provide such person
7with a grant of money for travel and expenses which may be paid
8in installments. The amount of the money grant shall be
9determined by the Department.
10    (a-1) The Department shall, before a wrongfully imprisoned
11person, as defined in Section 3-1-2 of this Code, is discharged
12from the Department, provide him or her with any documents
13necessary after discharge, and shall verify the person's
14identifying information under subsection (e) of this Section.
15including an identification card under subsection (e) of this
16Section.
17    (a-2) The Department of Corrections may establish and
18maintain, in any institution it administers, revolving funds to
19be known as "Travel and Allowances Revolving Funds". These
20revolving funds shall be used for advancing travel and expense
21allowances to committed, paroled, and discharged prisoners.
22The moneys paid into such revolving funds shall be from
23appropriations to the Department for Committed, Paroled, and
24Discharged Prisoners.
25    (b) (Blank).
26    (c) Except as otherwise provided in this Code, the

 

 

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

 

 

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

 

 

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

 

 

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1causative agent of Acquired Immunodeficiency Syndrome (AIDS).
2    (e) Upon the release of a committed person on parole,
3mandatory supervised release, final discharge, pardon, or who
4has been wrongfully imprisoned, the Department shall verify the
5person's full name, date of birth, and social security number.
6If verification is made by the Department obtaining a certified
7copy of the person's birth certificate or social security card,
8the Department shall provide those documents to the person. If
9verification is obtained by other means, the Department shall
10complete a verification form, provided by the Secretary of
11State, and shall provide the person with that form. provide the
12person who has met the criteria established by the Department
13with an identification card identifying the person as being on
14parole, mandatory supervised release, final discharge, pardon,
15or wrongfully imprisoned, as the case may be. The Department,
16in consultation with the Office of the Secretary of State,
17shall prescribe the form of the identification card, which may
18be similar to the form of the standard Illinois Identification
19Card. The Department shall inform the committed person that he
20or she may present the identification card to the Office of the
21Secretary of State upon application for a standard Illinois
22Identification Card in accordance with the Illinois
23Identification Card Act. The Department shall require the
24committed person to pay a $1 fee for the identification card.
25    For purposes of a committed person receiving an
26identification card issued by the Department under this

 

 

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1subsection, the Department shall establish criteria that the
2committed person must meet before the card is issued. It is the
3sole responsibility of the committed person requesting the
4identification card issued by the Department to meet the
5established criteria. The person's failure to meet the criteria
6is sufficient reason to deny the committed person the
7identification card. An identification card issued by the
8Department under this subsection shall be valid for a period of
9time not to exceed 30 calendar days from the date the card is
10issued. The Department shall not be held civilly or criminally
11liable to anyone because of any act of any person utilizing a
12card issued by the Department under this subsection.
13    The Department shall adopt rules governing the issuance of
14identification cards to committed persons being released on
15parole, mandatory supervised release, final discharge, or
16pardon.
17    (f) Forty-five days prior to the scheduled discharge of a
18person committed to the custody of the Department of
19Corrections, the Department shall give the person who is
20otherwise uninsured an opportunity to apply for health care
21coverage including medical assistance under Article V of the
22Illinois Public Aid Code in accordance with subsection (b) of
23Section 1-8.5 of the Illinois Public Aid Code, and the
24Department of Corrections shall provide assistance with
25completion of the application for health care coverage
26including medical assistance. The Department may adopt rules to

 

 

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1implement this Section.
2(Source: P.A. 98-267, eff. 1-1-14; 99-415, eff. 8-20-15.)