Full Text of HB5218 96th General Assembly
HB5218ham001 96TH GENERAL ASSEMBLY
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Judiciary II - Criminal Law Committee
Filed: 3/11/2010
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| AMENDMENT TO HOUSE BILL 5218
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| AMENDMENT NO. ______. Amend House Bill 5218 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Senior Safety Rapid Response Act. | 6 |
| Section 5. Legislative findings. The General Assembly | 7 |
| finds that it is in the best interest of the State and its | 8 |
| frail elderly residents who are dependent upon State regulated | 9 |
| residential and non-residential services to mitigate the | 10 |
| likelihood that an identified offender residing in a senior | 11 |
| facility will harm another resident or employee of the | 12 |
| facility. | 13 |
| Section 10. Definitions. | 14 |
| "Covered facility" or "facility" means: a facility | 15 |
| required to be licensed or certified under the Nursing Home |
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| Care Act; an establishment required to be licensed under the | 2 |
| Assisted Living and Shared Housing Act; or a supportive living | 3 |
| facility as described in Article V of the Illinois Public Aid | 4 |
| Code. | 5 |
| "Criminal history" means conviction of a felony listed in | 6 |
| Section 25 of the Health Care Worker Background Check Act, | 7 |
| registration as a sex offender, or a current term of parole, | 8 |
| mandatory supervised release, or probation for a felony offense | 9 |
| occurring in Illinois or in another jurisdiction. | 10 |
| "Identified offender" means a person who has been convicted | 11 |
| of any felony offense listed in Section 25 of the Health Care | 12 |
| Worker Background Check Act, is a registered sex offender, or | 13 |
| is serving a term of parole, mandatory supervised release, or | 14 |
| probation for a felony offense. | 15 |
| Section 15. Criminal background check. | 16 |
| (a) Each individual screened under the prescreening | 17 |
| programs paid for by the Department on Aging or the Department | 18 |
| of Human Services shall have a criminal background check | 19 |
| initiated by the pre-screener consistent with standards set | 20 |
| forth in subsection (d) of this Section. Failure to comply | 21 |
| shall result in sanctions levied by the pre-screener's | 22 |
| regulatory agency. | 23 |
| (b) Non-Medicaid qualifying individuals shall be charged | 24 |
| the actual cost of performing the criminal background check. | 25 |
| Medicaid qualifying individuals shall pay $1 for each criminal |
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| background check performed. Payment shall be made directly to | 2 |
| the Department of State Police. | 3 |
| (c) Upon acceptance of an individual to a covered facility, | 4 |
| the facility shall determine whether a criminal background | 5 |
| check has been initiated and completed. If a criminal | 6 |
| background check has not been initiated the facility shall make | 7 |
| the request consistent with standards set forth in subsection | 8 |
| (d) of this Section within 24 hours of acceptance. Failure to | 9 |
| comply shall result in sanctions levied by the facility's | 10 |
| regulatory agency. | 11 |
| (d) Criminal background checks shall be requested | 12 |
| electronically pursuant to the Illinois Uniform Conviction | 13 |
| Information Act for all persons age 18 or older seeking | 14 |
| acceptance into a covered facility and shall be conducted in a | 15 |
| manner that is respectful of the individual's dignity and that | 16 |
| minimizes any emotional or physical hardship to the individual. | 17 |
| Criminal background checks conducted pursuant to this Section | 18 |
| shall be based on the individual's name, date of birth, and | 19 |
| other identifiers as required by the Department of State | 20 |
| Police. If the results of the criminal background check are | 21 |
| inconclusive, the requesting entity shall initiate a | 22 |
| fingerprint based check. The Department of State Police shall | 23 |
| submit the results of all criminal background checks to the | 24 |
| requesting entity. If the criminal background check reveals | 25 |
| that the individual is an identified offender, then the | 26 |
| Department of State Police shall also submit the results to the |
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| Department of Public Health, which shall maintain them in a | 2 |
| manner to permit the covered facility to access the | 3 |
| information. | 4 |
| (e) A covered facility, except an intermediate or skilled | 5 |
| care facility licensed under the Nursing Home Care Act, shall | 6 |
| within 60 days of the effective date of this Act request a | 7 |
| criminal background check on existing facility residents | 8 |
| consistent with the standards set forth in subsection (d) of | 9 |
| this Section, with all results submitted to the Department of | 10 |
| Public Health. Each resident identified as an identified | 11 |
| offender shall have a risk analysis and security plan developed | 12 |
| for him or her by the Department of State Police's Medicaid | 13 |
| Fraud Control Unit consistent with Section 30. | 14 |
| Section 20. Disclosure of criminal history. Every person | 15 |
| requesting acceptance to a covered facility shall be required | 16 |
| to disclose all criminal history prior to acceptance. Failure | 17 |
| to disclose all criminal history shall constitute a rebuttable | 18 |
| presumption that the individual poses an immediate threat to | 19 |
| the safety of other facility residents or facility employees | 20 |
| and shall result in an immediate termination or discharge from | 21 |
| the facility and the loss of all notice and appeal rights | 22 |
| accorded facility residents by law. | 23 |
| Section 25. Conditional acceptance. An individual seeking | 24 |
| acceptance to a covered facility prior to completion of a |
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| criminal background check and, if applicable, a risk analysis | 2 |
| or security plan shall be accepted on a conditional basis | 3 |
| pending completion of the criminal background check and, if | 4 |
| applicable, a risk analysis or security plan. During the period | 5 |
| of conditional acceptance, the applicant must be segregated | 6 |
| from other facility residents. In agreeing to a conditional | 7 |
| acceptance, the facility retains the right to deny full | 8 |
| acceptance if the applicant, having indicated that he or she | 9 |
| did not have a felony conviction, is found to have a criminal | 10 |
| record. The facility also has the right to decline full | 11 |
| acceptance if it determines, upon reviewing the security plan, | 12 |
| that it cannot provide sufficient security to ensure the safety | 13 |
| of the other residents and staff. An applicant accepted on a | 14 |
| conditional basis shall have all rights and protections | 15 |
| afforded facility residents except, with regard to an | 16 |
| involuntary termination or discharge from the facility, the | 17 |
| right to notice and appeal. | 18 |
| Section 30. Risk analysis and security plan. | 19 |
| (a) Every identified offender shall have a risk analysis | 20 |
| performed and, if warranted, a security plan developed by the | 21 |
| Medicaid Fraud Control Unit as soon as practicable, but not | 22 |
| later than 14 days after a criminal background check confirms | 23 |
| the person is an identified offender. | 24 |
| (b) The risk analysis shall include a comprehensive | 25 |
| criminal history analysis which shall include, but need not be |
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| limited to, all of the following: | 2 |
| (1) Consultation with the identified offender's | 3 |
| assigned parole agent or probation officer, if applicable. | 4 |
| (2) Consultation with the convicting prosecutor's | 5 |
| office. | 6 |
| (3) A review of the statement of facts, police reports, | 7 |
| and victim impact statements, if available. | 8 |
| (4) An interview with the identified offender. | 9 |
| (5) Information requested from other jurisdictions | 10 |
| with information the Medicaid Fraud Control Unit deems to | 11 |
| be of value to its assessment. | 12 |
| (6) Consultation with the facility administrator or | 13 |
| facility medical director, if applicable, or both, | 14 |
| regarding the physical condition of the identified | 15 |
| offender. | 16 |
| (7) Consideration of the entire criminal history of the | 17 |
| offender, including the date of the last conviction | 18 |
| relative to the date of acceptance into the covered | 19 |
| facility. | 20 |
| (8) If the identified offender is a convicted or | 21 |
| registered sex offender, a review of all sex offender | 22 |
| evaluations conducted on the offender. If there is no sex | 23 |
| offender evaluation available, the Medicaid Fraud Control | 24 |
| Unit shall provide for a sex offender evaluation to be | 25 |
| conducted on the identified offender. If the convicted or | 26 |
| registered sex offender is under the supervision of the |
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| Illinois Department of Corrections or a county probation | 2 |
| department, the sex offender evaluation shall be arranged | 3 |
| by and at the expense of the supervising agency. All | 4 |
| evaluations conducted on convicted or registered sex | 5 |
| offenders under this Act shall be conducted by sex offender | 6 |
| evaluators approved by the Attorney General's Sex Offender | 7 |
| Management Board. | 8 |
| (c) The Medicaid Fraud Control Unit shall prepare a risk | 9 |
| analysis report based on the analysis conducted pursuant to | 10 |
| subsection (b) of this Section. The report shall include a | 11 |
| summary of the risk analysis and shall detail whether and to | 12 |
| what extent the identified offender's criminal history | 13 |
| necessitates the implementation of security measures within | 14 |
| the covered facility. If the identified offender is a convicted | 15 |
| or registered sex offender or if the Medicaid Fraud Control | 16 |
| Unit's criminal history research reveals that the identified | 17 |
| offender poses a significant risk of harm to others within the | 18 |
| facility, the offender shall be diverted to a segregated | 19 |
| facility designed to serve high risk persons. | 20 |
| (d) The risk analysis report shall promptly be provided to | 21 |
| the following: | 22 |
| (1) The facility to which the identified offender seeks | 23 |
| admission. | 24 |
| (2) The Chief of Police of the municipality in which | 25 |
| the facility is located. | 26 |
| (3) The Department on Aging's Long Term Care Ombudsman, |
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| if applicable. | 2 |
| (e) The covered facility shall incorporate the risk | 3 |
| analysis report into the identified offender's care plan. | 4 |
| (f) Except for willful and wanton misconduct, any person | 5 |
| authorized to participate in the development of a risk analysis | 6 |
| report is immune from criminal or civil liability for any acts | 7 |
| or omissions as the result of his or her good faith effort to | 8 |
| comply with this Section. | 9 |
| (g) Risk assessments and security plans shall be reviewed | 10 |
| annually by the Medicaid Fraud Control Unit or at the request | 11 |
| of the facility, whichever is sooner. | 12 |
| (h) The Medicaid Fraud Control Unit shall conduct annual | 13 |
| site visits to all covered facilities housing identified | 14 |
| offenders and shall be provided access upon request to any | 15 |
| covered facility in order to search for persons with | 16 |
| outstanding warrants or who, out of compliance, are registered | 17 |
| as a sex offender. | 18 |
| Section 35. Compliance with security plan. A facility | 19 |
| resident or prospective resident for whom a security plan was | 20 |
| developed shall sign and date the security plan indicating his | 21 |
| or her agreement to live within the guidelines provided as a | 22 |
| condition of residency. Failure to comply with the security | 23 |
| plan shall result in an immediate involuntary termination or | 24 |
| discharge from the facility and the loss of notice and appeals | 25 |
| rights granted facility residents by law. |
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| Section 40. Illinois State Police Sex Offender Registry. It | 2 |
| is the responsibility of each resident of a covered facility | 3 |
| who is required by law or court order to register with the | 4 |
| Illinois State Police's Sex Offender Registry to monitor the | 5 |
| accuracy of the information submitted and to submit updates to | 6 |
| the registry as required by law or court order. Failure to | 7 |
| register or to maintain the accuracy of the information shall | 8 |
| constitute a rebuttable presumption that the individual poses | 9 |
| an immediate threat to the safety of other facility residents | 10 |
| and shall result in an immediate involuntary termination or | 11 |
| discharge and the waiver of all notice and appeal rights | 12 |
| accorded facility residents by law. | 13 |
| Section 45. Involuntary termination or discharge. | 14 |
| (a) When a covered facility must involuntary terminate or | 15 |
| discharge an identified offender, the covered facility's | 16 |
| regulatory agency shall assist in the transfer of the | 17 |
| identified offender to an appropriate setting. | 18 |
| (b) When a resident's overt behavior or threat of overt | 19 |
| behavior places other facility residents or facility employees | 20 |
| at risk of harm and necessitates an identified offender's | 21 |
| immediate removal, the covered facility's regulatory agency | 22 |
| shall assume responsibility for the immediate removal of the | 23 |
| identified offender within 48 hours after notification. |
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| Section 50. Notification of residents and others. If an | 2 |
| identified offender is a resident of a covered facility, the | 3 |
| facility shall notify every facility resident or the resident's | 4 |
| guardian or representative in writing that such an offender is | 5 |
| a resident of the facility. The covered facility shall also | 6 |
| provide notice to its employees, visitors, and prospective | 7 |
| facility residents that an identified offender is a resident of | 8 |
| the facility. | 9 |
| Section 55. Segregated programming; segregated nursing | 10 |
| home initiative. No later than January 1, 2012, the Department | 11 |
| of Public Health shall designate one or more nursing homes | 12 |
| licensed by the Department of Public Health under the Nursing | 13 |
| Home Care Act, or a distinct segregated area within a licensed | 14 |
| nursing home that provides intermediate or skilled care | 15 |
| services, for identified offenders who have been determined to | 16 |
| need more intense supervision than a standard nursing home can | 17 |
| provide. The Department of Public Health shall form a work | 18 |
| group to develop criteria for admission to a high risk facility | 19 |
| or unit and security standards. Members of the work group shall | 20 |
| include the directors of all agencies having expertise in high | 21 |
| risk individuals, such as the Directors from the Departments of | 22 |
| Corrections and State Police, representatives of associations | 23 |
| representing long term care facilities, and individuals | 24 |
| representing the interests of nursing home residents. The | 25 |
| Department of Public Health shall issue an evaluation of the |
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| implementation of this initiative no later than January 1, | 2 |
| 2015. | 3 |
| Section 60. Civil immunity. Except for willful and wanton | 4 |
| misconduct, a covered facility that follows the terms of a | 5 |
| security plan is immune from sanctions or civil liability for | 6 |
| any acts committed by a facility resident who is an identified | 7 |
| offender. | 8 |
| Section 90. The Nursing Home Care Act is amended by adding | 9 |
| Section 3-613 as follows: | 10 |
| (210 ILCS 45/3-613 new) | 11 |
| Sec. 3-613. Order of protection. An administrator may seek | 12 |
| an order of protection in the name of a resident to protect | 13 |
| that resident from abuse, neglect, or financial exploitation | 14 |
| pursuant to the Illinois Domestic Violence Act of 1986. A | 15 |
| facility shall take appropriate steps to secure the enforcement | 16 |
| of every order of protection entered on behalf of a resident or | 17 |
| staff member of which the facility has reasonable knowledge. | 18 |
| Such steps include, but are not limited to, reporting | 19 |
| violations to an appropriate law enforcement agency. A facility | 20 |
| taking steps to secure the enforcement of a valid order of | 21 |
| protection shall be held harmless from sanctions under this | 22 |
| Act. A facility reporting a violation of an order of protection | 23 |
| shall be held harmless from any sanctions under this Act if the |
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| facility shows a good faith effort to secure the enforcement of | 2 |
| the order of protection.
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| (210 ILCS 45/2-201.5 rep.)
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| (210 ILCS 45/2-201.6 rep.) | 5 |
| (210 ILCS 45/2-216 rep.) | 6 |
| (210 ILCS 45/3-202.4 rep.)
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| Section 95. The Nursing Home Care Act is amended by | 8 |
| repealing Sections 2-201.5, 2-201.6, 2-216, and 3-202.4. | 9 |
| Section 100. The Unified Code of Corrections is amended by | 10 |
| changing Section 3-14-1 as follows:
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| (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
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| Sec. 3-14-1. Release from the Institution.
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| (a) Upon release of a person on parole, mandatory release, | 14 |
| final
discharge or pardon the Department shall return all | 15 |
| property held for
him, provide him with suitable clothing and | 16 |
| procure necessary
transportation for him to his designated | 17 |
| place of residence and
employment. It may provide such person | 18 |
| with a grant of money for travel and
expenses which may be paid | 19 |
| in installments. The amount of the money grant
shall be | 20 |
| determined by the Department.
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| The Department of Corrections may establish and maintain, | 22 |
| in any institution
it administers, revolving funds to be known | 23 |
| as "Travel and Allowances Revolving
Funds". These revolving |
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| funds shall be used for advancing travel and expense
allowances | 2 |
| to committed, paroled, and discharged prisoners. The moneys
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| paid into such revolving funds shall be from appropriations to | 4 |
| the Department
for Committed, Paroled, and Discharged | 5 |
| Prisoners.
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| (b) (Blank).
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| (c) Except as otherwise provided in this Code, the | 8 |
| Department shall
establish procedures to provide written | 9 |
| notification of any release of any
person who has been | 10 |
| convicted of a felony to the State's Attorney
and sheriff of | 11 |
| the county from which the offender was committed, and the
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| State's Attorney and sheriff of the county into which the | 13 |
| offender is to be
paroled or released. Except as otherwise | 14 |
| provided in this Code, the
Department shall establish | 15 |
| procedures to provide written notification to
the proper law | 16 |
| enforcement agency for any municipality of any release of any
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| person who has been convicted of a felony if the arrest of the | 18 |
| offender or the
commission of the offense took place in the | 19 |
| municipality, if the offender is to
be paroled or released into | 20 |
| the municipality, or if the offender resided in the
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| municipality at the time of the commission of the offense. If a | 22 |
| person
convicted of a felony who is in the custody of the | 23 |
| Department of Corrections or
on parole or mandatory supervised | 24 |
| release informs the Department that he or she
has resided, | 25 |
| resides, or will
reside at an address that is a housing | 26 |
| facility owned, managed,
operated, or leased by a public |
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| housing agency, the Department must send
written notification | 2 |
| of that information to the public housing agency that
owns, | 3 |
| manages, operates, or leases the housing facility. The written
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| notification shall, when possible, be given at least 14 days | 5 |
| before release of
the person from custody, or as soon | 6 |
| thereafter as possible.
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| (c-1) (Blank). | 8 |
| (c-5) If a person on parole or mandatory supervised release | 9 |
| becomes a resident of a facility or participant in a program | 10 |
| licensed or regulated by the Department of Public Health, the | 11 |
| Illinois Department of Healthcare and Family Services of Public | 12 |
| Aid , or the Illinois Department of Human Services , or the | 13 |
| Department on Aging , the Department of Corrections shall | 14 |
| provide copies of the following information to the appropriate | 15 |
| licensing or regulating Department and the licensed or | 16 |
| regulated facility where the person becomes a resident: | 17 |
| (1) The mittimus and any pre-sentence investigation | 18 |
| reports. | 19 |
| (2) The social evaluation prepared pursuant to Section | 20 |
| 3-8-2. | 21 |
| (3) Any pre-release evaluation conducted pursuant to | 22 |
| subsection (j) of Section 3-6-2. | 23 |
| (4) Reports of disciplinary infractions and | 24 |
| dispositions. | 25 |
| (5) Any parole plan, including orders issued by the | 26 |
| Prisoner Review Board, and any violation reports and |
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| dispositions. | 2 |
| (6) The name and contact information for the assigned | 3 |
| parole agent and parole supervisor.
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| This information shall be provided within 3 days of the | 5 |
| person becoming a resident of the facility.
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| (c-10) If a person on parole or mandatory supervised | 7 |
| release becomes a resident of a facility licensed or regulated | 8 |
| by the Department of Public Health, the Illinois Department of | 9 |
| Public Aid, or the Illinois Department of Human Services, the | 10 |
| Department of Corrections shall provide written notification | 11 |
| of such residence to the following: | 12 |
| (1) The Prisoner Review Board. | 13 |
| (2) The
chief of police and sheriff in the municipality | 14 |
| and county in which the licensed facility is located. | 15 |
| The notification shall be provided within 3 days of the | 16 |
| person becoming a resident of the facility.
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| (d) Upon the release of a committed person on parole, | 18 |
| mandatory
supervised release, final discharge or pardon, the | 19 |
| Department shall provide
such person with information | 20 |
| concerning programs and services of the
Illinois Department of | 21 |
| Public Health to ascertain whether such person has
been exposed | 22 |
| to the human immunodeficiency virus (HIV) or any identified
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| causative agent of Acquired Immunodeficiency Syndrome (AIDS).
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| (e) Upon the release of a committed person on parole, | 25 |
| mandatory supervised
release, final discharge, or pardon, the | 26 |
| Department shall provide the person
who has met the criteria |
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| established by the Department with an identification
card | 2 |
| identifying the
person as being on parole, mandatory supervised | 3 |
| release, final discharge, or
pardon, as the case may be. The | 4 |
| Department, in consultation with the Office of
the Secretary of | 5 |
| State, shall prescribe the form of the identification card,
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| which may be similar to the form of the standard Illinois | 7 |
| Identification Card.
The Department shall inform the committed | 8 |
| person that he or she may present the
identification card to | 9 |
| the Office of the Secretary of State upon application
for a | 10 |
| standard Illinois Identification Card in accordance with the | 11 |
| Illinois
Identification Card Act. The Department shall require | 12 |
| the committed person to
pay a $1 fee for the identification | 13 |
| card.
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| For purposes of a committed person
receiving an | 15 |
| identification card issued by the Department under this
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| subsection, the Department shall establish criteria that the
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| committed person must meet before the card is issued.
It is the | 18 |
| sole responsibility of the
committed person requesting the | 19 |
| identification card issued by the Department to
meet the | 20 |
| established criteria.
The person's failure to
meet the criteria | 21 |
| is sufficient reason to deny the committed person the
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| identification card. An identification card issued by the | 23 |
| Department under
this subsection shall be valid for a period of | 24 |
| time not to exceed 30 calendar
days from the date the card is | 25 |
| issued.
The Department shall not be held civilly or
criminally | 26 |
| liable to anyone because of any act of any person utilizing a |
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| card
issued by the Department under this subsection.
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| The Department shall adopt
rules governing the issuance of | 3 |
| identification cards to committed persons being
released on | 4 |
| parole, mandatory supervised release, final
discharge, or | 5 |
| pardon.
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| (Source: P.A. 94-163, eff. 7-11-05.)
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| Section 999. Effective date. This Act takes effect upon | 8 |
| becoming law.".
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