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Rep. Camille Y. Lilly
Filed: 3/20/2015
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1 | | AMENDMENT TO HOUSE BILL 3270
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2 | | AMENDMENT NO. ______. Amend House Bill 3270 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Illinois Public Aid Code is amended by |
5 | | changing Section 1-8.5 as follows: |
6 | | (305 ILCS 5/1-8.5) |
7 | | Sec. 1-8.5. Eligibility for medical assistance during |
8 | | periods of incarceration or detention. |
9 | | (a) To the extent permitted by federal law and |
10 | | notwithstanding any other provision of this Code, the |
11 | | Department of Healthcare and Family Services shall not cancel a |
12 | | person's eligibility for medical assistance , nor shall the |
13 | | Department deny a person's application for medical assistance, |
14 | | solely because that person has become or is an inmate of a |
15 | | public institution, including, but not limited to, a county |
16 | | jail, juvenile detention center, or State correctional |
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1 | | facility. The person may be and remain enrolled for medical |
2 | | assistance as long as all other eligibility criteria are met. |
3 | | (b) The Department may adopt rules to permit a person to |
4 | | apply for medical assistance while he or she is an inmate of a |
5 | | public institution as described in subsection (a). The rules |
6 | | may limit applications to persons who would be likely to |
7 | | qualify for medical assistance if they resided in the |
8 | | community. Any such person who is not already enrolled for |
9 | | medical assistance may apply for medical assistance prior to |
10 | | the date of scheduled release or discharge from a penal |
11 | | institution or county jail or similar status. |
12 | | (c) Except as provided under Section 17 of the County Jail |
13 | | Act, the Department shall not be responsible to provide medical |
14 | | assistance under this Code for any medical care, services, or |
15 | | supplies provided to a person while he or she is an inmate of a |
16 | | public institution as described in subsection (a). The |
17 | | responsibility for providing medical care shall remain as |
18 | | otherwise provided by law with the Department of Corrections, |
19 | | county, or other arresting authority. The Department may seek |
20 | | federal financial participation, to the extent that it is |
21 | | available and with the cooperation of the Department of |
22 | | Juvenile Justice, the Department of Corrections, or the |
23 | | relevant county, for the costs of those services. |
24 | | (d) To the extent permitted under State and federal law, |
25 | | the Department shall develop procedures to expedite required |
26 | | periodic reviews of continued eligibility for persons |
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1 | | described in subsection (a). |
2 | | (e) Counties, the Department of Juvenile Justice, the |
3 | | Department of Human Services, and the Department of Corrections |
4 | | shall cooperate with the Department in administering this |
5 | | Section. That cooperation shall include managing eligibility |
6 | | processing and sharing information sufficient to inform the |
7 | | Department, in a manner established by the Department, that a |
8 | | person enrolled in the medical assistance program has been |
9 | | detained or incarcerated. |
10 | | (f) The Department shall resume responsibility for |
11 | | providing medical assistance upon release of the person to the |
12 | | community as long as all of the following apply: |
13 | | (1) The person is enrolled for medical assistance at |
14 | | the time of release. |
15 | | (2) Neither a county, the Department of Juvenile |
16 | | Justice, the Department of Corrections, nor any other |
17 | | criminal justice authority continues to bear |
18 | | responsibility for the person's medical care. |
19 | | (3) The county, the Department of Juvenile Justice, or |
20 | | the Department of Corrections provides timely notice of the |
21 | | date of release in a manner established by the Department. |
22 | | (g) This Section applies on and after December 31, 2011.
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23 | | (Source: P.A. 98-139, eff. 1-1-14.) |
24 | | Section 10. The Unified Code of Corrections is amended by |
25 | | changing Section 3-14-1 as follows:
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1 | | (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
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2 | | Sec. 3-14-1. Release from the Institution.
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3 | | (a) Upon release of a person on parole, mandatory release, |
4 | | final
discharge or pardon the Department shall return all |
5 | | property held for
him, provide him with suitable clothing and |
6 | | procure necessary
transportation for him to his designated |
7 | | place of residence and
employment. It may provide such person |
8 | | with a grant of money for travel and
expenses which may be paid |
9 | | in installments. The amount of the money grant
shall be |
10 | | determined by the Department.
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11 | | (a-1) The Department shall, before a wrongfully imprisoned |
12 | | person, as defined in Section 3-1-2 of this Code, is discharged |
13 | | from the Department, provide him or her with any documents |
14 | | necessary after discharge, including an identification card |
15 | | under subsection (e) of this Section. |
16 | | (a-2) The Department of Corrections may establish and |
17 | | maintain, in any institution
it administers, revolving funds to |
18 | | be known as "Travel and Allowances Revolving
Funds". These |
19 | | revolving funds shall be used for advancing travel and expense
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20 | | allowances to committed, paroled, and discharged prisoners. |
21 | | The moneys
paid into such revolving funds shall be from |
22 | | appropriations to the Department
for Committed, Paroled, and |
23 | | Discharged Prisoners.
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24 | | (b) (Blank).
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25 | | (c) Except as otherwise provided in this Code, the |
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1 | | Department shall
establish procedures to provide written |
2 | | notification of any release of any
person who has been |
3 | | convicted of a felony to the State's Attorney
and sheriff of |
4 | | the county from which the offender was committed, and the
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5 | | State's Attorney and sheriff of the county into which the |
6 | | offender is to be
paroled or released. Except as otherwise |
7 | | provided in this Code, the
Department shall establish |
8 | | procedures to provide written notification to
the proper law |
9 | | enforcement agency for any municipality of any release of any
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10 | | person who has been convicted of a felony if the arrest of the |
11 | | offender or the
commission of the offense took place in the |
12 | | municipality, if the offender is to
be paroled or released into |
13 | | the municipality, or if the offender resided in the
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14 | | municipality at the time of the commission of the offense. If a |
15 | | person
convicted of a felony who is in the custody of the |
16 | | Department of Corrections or
on parole or mandatory supervised |
17 | | release informs the Department that he or she
has resided, |
18 | | resides, or will
reside at an address that is a housing |
19 | | facility owned, managed,
operated, or leased by a public |
20 | | housing agency, the Department must send
written notification |
21 | | of that information to the public housing agency that
owns, |
22 | | manages, operates, or leases the housing facility. The written
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23 | | notification shall, when possible, be given at least 14 days |
24 | | before release of
the person from custody, or as soon |
25 | | thereafter as possible. The written notification shall be |
26 | | provided electronically if the State's Attorney, sheriff, |
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1 | | proper law enforcement agency, or public housing agency has |
2 | | provided the Department with an accurate and up to date email |
3 | | address.
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4 | | (c-1) (Blank). |
5 | | (c-2) The Department shall establish procedures to provide |
6 | | notice to the Department of State Police of the release or |
7 | | discharge of persons convicted of violations of the |
8 | | Methamphetamine Control and Community
Protection Act or a |
9 | | violation of the Methamphetamine Precursor Control Act. The |
10 | | Department of State Police shall make this information |
11 | | available to local, State, or federal law enforcement agencies |
12 | | upon request. |
13 | | (c-5) If a person on parole or mandatory supervised release |
14 | | becomes a resident of a facility licensed or regulated by the |
15 | | Department of Public Health, the Illinois Department of Public |
16 | | Aid, or the Illinois Department of Human Services, the |
17 | | Department of Corrections shall provide copies of the following |
18 | | information to the appropriate licensing or regulating |
19 | | Department and the licensed or regulated facility where the |
20 | | person 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.
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8 | | This information shall be provided within 3 days of the |
9 | | person becoming a resident of the facility.
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10 | | (c-10) 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 written notification |
15 | | of 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 |
20 | | person becoming a resident of the facility.
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21 | | (d) Upon the release of a committed person on parole, |
22 | | mandatory
supervised release, final discharge or pardon, the |
23 | | Department shall provide
such person with information |
24 | | concerning programs and services of the
Illinois Department of |
25 | | Public Health to ascertain whether such person has
been exposed |
26 | | to the human immunodeficiency virus (HIV) or any identified
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1 | | causative agent of Acquired Immunodeficiency Syndrome (AIDS).
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2 | | (e) Upon the release of a committed person on parole, |
3 | | mandatory supervised
release, final discharge, pardon, or who |
4 | | has been wrongfully imprisoned, the Department shall provide |
5 | | the person
who has met the criteria established by the |
6 | | Department with an identification
card identifying the
person |
7 | | as being on parole, mandatory supervised release, final |
8 | | discharge,
pardon, or wrongfully imprisoned, as the case may |
9 | | be. The Department, in consultation with the Office of
the |
10 | | Secretary of State, shall prescribe the form of the |
11 | | identification card,
which may be similar to the form of the |
12 | | standard Illinois Identification Card.
The Department shall |
13 | | inform the committed person that he or she may present the
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14 | | identification card to the Office of the Secretary of State |
15 | | upon application
for a standard Illinois Identification Card in |
16 | | accordance with the Illinois
Identification Card Act. The |
17 | | Department shall require the committed person to
pay a $1 fee |
18 | | for the identification card.
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19 | | For purposes of a committed person
receiving an |
20 | | identification card issued by the Department under this
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21 | | subsection, the Department shall establish criteria that the
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22 | | committed person must meet before the card is issued.
It is the |
23 | | sole responsibility of the
committed person requesting the |
24 | | identification card issued by the Department to
meet the |
25 | | established criteria.
The person's failure to
meet the criteria |
26 | | is sufficient reason to deny the committed person the
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1 | | identification card. An identification card issued by the |
2 | | Department under
this subsection shall be valid for a period of |
3 | | time not to exceed 30 calendar
days from the date the card is |
4 | | issued.
The Department shall not be held civilly or
criminally |
5 | | liable to anyone because of any act of any person utilizing a |
6 | | card
issued by the Department under this subsection.
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7 | | The Department shall adopt
rules governing the issuance of |
8 | | identification cards to committed persons being
released on |
9 | | parole, mandatory supervised release, final
discharge, or |
10 | | pardon.
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11 | | (f) No later than 90 days prior to the scheduled discharge |
12 | | of a person committed to the custody of the Department of |
13 | | Corrections, the Department shall give the person an |
14 | | opportunity to apply for medical assistance under Article V of |
15 | | the Illinois Public Aid Code, and shall provide assistance with |
16 | | completion of the application for medical assistance in |
17 | | accordance with Section 1-8.5 of the Illinois Public Aid Code. |
18 | | The Department may adopt rules to implement this Section. |
19 | | (Source: P.A. 97-560, eff. 1-1-12; 97-813, eff. 7-13-12; |
20 | | 98-267, eff. 1-1-14.)
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21 | | Section 99. Effective date. This Act takes effect upon |
22 | | becoming law.".
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