Illinois General Assembly - Full Text of HB5915
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Full Text of HB5915  99th General Assembly

HB5915ham001 99TH GENERAL ASSEMBLY

Rep. Rita Mayfield

Filed: 4/5/2016

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5915

2    AMENDMENT NO. ______. Amend House Bill 5915 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1under Section 3-14-1 or Section 3-2.5-70 of the Unified Code of
2Corrections, together with the prescribed fees. No
3identification card shall be issued to any person who holds a
4valid foreign state identification card, license, or permit
5unless the person first surrenders to the Secretary of State
6the valid foreign state identification card, license, or
7permit. The card shall be prepared and supplied by the
8Secretary of State and shall include a photograph and signature
9or mark of the applicant. However, the Secretary of State may
10provide by rule for the issuance of Illinois Identification
11Cards without photographs if the applicant has a bona fide
12religious objection to being photographed or to the display of
13his or her photograph. The Illinois Identification Card may be
14used for identification purposes in any lawful situation only
15by the person to whom it was issued. As used in this Act,
16"photograph" means any color photograph or digitally produced
17and captured image of an applicant for an identification card.
18As used in this Act, "signature" means the name of a person as
19written by that person and captured in a manner acceptable to
20the Secretary of State.
21    (a-3) The Secretary shall issue a standard Illinois
22Identification Card to any natural person who applies for a
23standard Illinois Identification Card upon release as a
24committed person on parole, mandatory supervised release,
25aftercare release, final discharge, or pardon from the
26Department of Corrections or the Department of Juvenile Justice

 

 

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1if the released person provides the Secretary with a certified
2copy of his or her birth certificate and social security card,
3and 2 documents showing his or her Illinois residence address,
4which may include an official document from the Department of
5Corrections or the Department of Juvenile Justice or a
6certificate of residency form provided by the Secretary and
7executed by the Department of Corrections or the Department of
8Juvenile Justice. If the person is unable to present the
9Secretary with a certified copy of his or her birth certificate
10or social security card, but does present a form completed by
11the Department of Corrections or the Department of Juvenile
12Justice that verifies his or her date of birth and social
13security number, and provides the 2 documents showing Illinois
14residency, then the Secretary shall issue a temporary Illinois
15Identification Card valid for 90 days which cannot be renewed.
16Before expiration of the 90-day period, the person may present
17the Secretary with a certified copy of his or her birth
18certificate and social security card to obtain a standard
19Illinois Identification Card.
20    (a-5) If an applicant for an identification card has a
21current driver's license or instruction permit issued by the
22Secretary of State, the Secretary may require the applicant to
23utilize the same residence address and name on the
24identification card, driver's license, and instruction permit
25records maintained by the Secretary. The Secretary may
26promulgate rules to implement this provision.

 

 

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

 

 

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

 

 

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

 

 

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1    An optometrist's determination of a visual disability
2under Section 4A of this Act is acceptable as documentation for
3the purpose of issuing an Illinois Person with a Disability
4Identification Card.
5    When medical information is contained on an Illinois Person
6with a Disability Identification Card, the Office of the
7Secretary of State shall not be liable for any actions taken
8based upon that medical information.
9    (c) The Secretary of State shall provide that each original
10or renewal Illinois Identification Card or Illinois Person with
11a Disability Identification Card issued to a person under the
12age of 21 shall be of a distinct nature from those Illinois
13Identification Cards or Illinois Person with a Disability
14Identification Cards issued to individuals 21 years of age or
15older. The color designated for Illinois Identification Cards
16or Illinois Person with a Disability Identification Cards for
17persons under the age of 21 shall be at the discretion of the
18Secretary of State.
19    (c-1) Each original or renewal Illinois Identification
20Card or Illinois Person with a Disability Identification Card
21issued to a person under the age of 21 shall display the date
22upon which the person becomes 18 years of age and the date upon
23which the person becomes 21 years of age.
24    (c-3) The General Assembly recognizes the need to identify
25military veterans living in this State for the purpose of
26ensuring that they receive all of the services and benefits to

 

 

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

 

 

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1and Area Agencies on Aging. The applicant, upon receipt of such
2card and prior to its use for any purpose, shall have affixed
3thereon in the space provided therefor his signature or mark.
4    (e) The Secretary of State, in his or her discretion, may
5designate on each Illinois Identification Card or Illinois
6Person with a Disability Identification Card a space where the
7card holder may place a sticker or decal, issued by the
8Secretary of State, of uniform size as the Secretary may
9specify, that shall indicate in appropriate language that the
10card holder has renewed his or her Illinois Identification Card
11or Illinois Person with a Disability Identification Card.
12(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
1398-558, eff. 1-1-14; 98-756, eff. 7-16-14; 99-143, eff.
147-27-15; 99-173, eff. 7-29-15; 99-305, eff. 1-1-16; revised
1510-14-15.)
 
16    (15 ILCS 335/12)  (from Ch. 124, par. 32)
17    Sec. 12. Fees concerning Standard Illinois Identification
18Cards. The fees required under this Act for standard Illinois
19Identification Cards must accompany any application provided
20for in this Act, and the Secretary shall collect such fees as
21follows:
22    a. Original card...............................$20
23    b. Renewal card................................20
24    c. Corrected card..............................10
25    d. Duplicate card..............................20

 

 

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1    e. Certified copy with seal ...................5
2    f. Search .....................................2
3    g. Applicant 65 years of age or over ..........No Fee
4    h. (Blank) ....................................
5    i. Individual living in Veterans
6        Home or Hospital ...........................No Fee
7    j. Original card under 18 years of age..........$10
8    k. Renewal card under 18 years of age...........$10
9    l. Corrected card under 18 years of age.........$5
10    m. Duplicate card under 18 years of age.........$10
11    n. Homeless person..............................No Fee
12    o. Duplicate card issued to an active-duty
13        member of the United States Armed Forces, the
14        member's spouse, or dependent children
15        living with the member......................No Fee
16    p. Original card issued to a person upon release
17as a committed person on parole, mandatory supervised
18release, aftercare release, final discharge, or
19pardon from the Department of Corrections or the
20Department of Juvenile Justice.No fee
21    q. Temporary card issued to a person upon release
22as a committed person on parole, mandatory supervised
23release, aftercare release, final discharge, or
24pardon from the Department of Corrections or the
25Department of Juvenile Justice.No fee
26    All fees collected under this Act shall be paid into the

 

 

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1Road Fund of the State treasury, except that the following
2amounts shall be paid into the General Revenue Fund: (i) 80% of
3the fee for an original, renewal, or duplicate Illinois
4Identification Card issued on or after January 1, 2005; and
5(ii) 80% of the fee for a corrected Illinois Identification
6Card issued on or after January 1, 2005.
7    An individual, who resides in a veterans home or veterans
8hospital operated by the state or federal government, who makes
9an application for an Illinois Identification Card to be issued
10at no fee, must submit, along with the application, an
11affirmation by the applicant on a form provided by the
12Secretary of State, that such person resides in a veterans home
13or veterans hospital operated by the state or federal
14government.
15    The application of a homeless individual for an Illinois
16Identification Card to be issued at no fee must be accompanied
17by an affirmation by a qualified person, as defined in Section
184C of this Act, on a form provided by the Secretary of State,
19that the applicant is currently homeless as defined in Section
201A of this Act.
21    The fee for any duplicate identification card shall be
22waived for any person who presents the Secretary of State's
23Office with a police report showing that his or her
24identification card was stolen.
25    The fee for any duplicate identification card shall be
26waived for any person age 60 or older whose identification card

 

 

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1has been lost or stolen.
2    As used in this Section, "active-duty member of the United
3States Armed Forces" means a member of the Armed Services or
4Reserve Forces of the United States or a member of the Illinois
5National Guard who is called to active duty pursuant to an
6executive order of the President of the United States, an act
7of the Congress of the United States, or an order of the
8Governor.
9(Source: P.A. 96-183, eff. 7-1-10; 96-1231, eff. 7-23-10;
1097-333, eff. 8-12-11; 97-1064, eff. 1-1-13.)
 
11    Section 10. The Unified Code of Corrections is amended by
12changing Sections 3-2.5-75 and 3-14-1 as follows:
 
13    (730 ILCS 5/3-2.5-75)
14    Sec. 3-2.5-75. Release from Department of Juvenile
15Justice.
16    (a) Upon release of a youth on aftercare, the Department
17shall return all property held for the youth, provide the youth
18with suitable clothing, and procure necessary transportation
19for the youth to his or her designated place of residence and
20employment. It may provide the youth with a grant of money for
21travel and expenses which may be paid in installments. The
22amount of the money grant shall be determined by the
23Department.
24    (b) Before a wrongfully imprisoned person, as defined in

 

 

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

 

 

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1Department shall complete a verification form, provided by the
2Secretary of State, and shall provide the youth that form.
3provide the youth who has met the criteria established by the
4Department with an identification card identifying the youth as
5being on aftercare or wrongfully imprisoned, as the case may
6be. The Department, in consultation with the Office of the
7Secretary of State, shall prescribe the form of the
8identification card, which may be similar to the form of the
9standard Illinois Identification Card. The Department shall
10inform the youth that he or she may present the identification
11card to the Office of the Secretary of State upon application
12for a standard Illinois Identification Card in accordance with
13the Illinois Identification Card Act. The Department shall
14require the youth to pay a $1 fee for the identification card.
15    For purposes of a youth receiving an identification card
16issued by the Department under this subsection, the Department
17shall establish criteria that the youth must meet before the
18card is issued. It is the sole responsibility of the youth
19requesting the identification card issued by the Department to
20meet the established criteria. The youth's failure to meet the
21criteria is sufficient reason to deny the youth the
22identification card. An identification card issued by the
23Department under this subsection shall be valid for a period of
24time not to exceed 30 calendar days from the date the card is
25issued. The Department shall not be held civilly or criminally
26liable to anyone because of any act of any person utilizing a

 

 

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1card issued by the Department under this subsection.
2    The Department shall adopt rules governing the issuance of
3identification cards to youth being released on aftercare or
4pardon.
5(Source: P.A. 98-558, eff. 1-1-14; 98-685, eff. 1-1-15.)
 
6    (730 ILCS 5/3-14-1)  (from Ch. 38, par. 1003-14-1)
7    Sec. 3-14-1. Release from the Institution.
8    (a) Upon release of a person on parole, mandatory release,
9final discharge or pardon the Department shall return all
10property held for him, provide him with suitable clothing and
11procure necessary transportation for him to his designated
12place of residence and employment. It may provide such person
13with a grant of money for travel and expenses which may be paid
14in installments. The amount of the money grant shall be
15determined by the Department.
16    (a-1) The Department shall, before a wrongfully imprisoned
17person, as defined in Section 3-1-2 of this Code, is discharged
18from the Department, provide him or her with any documents
19necessary after discharge, and shall verify the person's
20identifying information under subsection (e) of this Section.
21including an identification card under subsection (e) of this
22Section.
23    (a-2) The Department of Corrections may establish and
24maintain, in any institution it administers, revolving funds to
25be known as "Travel and Allowances Revolving Funds". These

 

 

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1revolving funds shall be used for advancing travel and expense
2allowances to committed, paroled, and discharged prisoners.
3The moneys paid into such revolving funds shall be from
4appropriations to the Department for Committed, Paroled, and
5Discharged Prisoners.
6    (b) (Blank).
7    (c) Except as otherwise provided in this Code, the
8Department shall establish procedures to provide written
9notification of any release of any person who has been
10convicted of a felony to the State's Attorney and sheriff of
11the county from which the offender was committed, and the
12State's Attorney and sheriff of the county into which the
13offender is to be paroled or released. Except as otherwise
14provided in this Code, the Department shall establish
15procedures to provide written notification to the proper law
16enforcement agency for any municipality of any release of any
17person who has been convicted of a felony if the arrest of the
18offender or the commission of the offense took place in the
19municipality, if the offender is to be paroled or released into
20the municipality, or if the offender resided in the
21municipality at the time of the commission of the offense. If a
22person convicted of a felony who is in the custody of the
23Department of Corrections or on parole or mandatory supervised
24release informs the Department that he or she has resided,
25resides, or will reside at an address that is a housing
26facility owned, managed, operated, or leased by a public

 

 

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1housing agency, the Department must send written notification
2of that information to the public housing agency that owns,
3manages, operates, or leases the housing facility. The written
4notification shall, when possible, be given at least 14 days
5before release of the person from custody, or as soon
6thereafter as possible. The written notification shall be
7provided electronically if the State's Attorney, sheriff,
8proper law enforcement agency, or public housing agency has
9provided the Department with an accurate and up to date email
10address.
11    (c-1) (Blank).
12    (c-2) The Department shall establish procedures to provide
13notice to the Department of State Police of the release or
14discharge of persons convicted of violations of the
15Methamphetamine Control and Community Protection Act or a
16violation of the Methamphetamine Precursor Control Act. The
17Department of State Police shall make this information
18available to local, State, or federal law enforcement agencies
19upon request.
20    (c-5) If a person on parole or mandatory supervised release
21becomes a resident of a facility licensed or regulated by the
22Department of Public Health, the Illinois Department of Public
23Aid, or the Illinois Department of Human Services, the
24Department of Corrections shall provide copies of the following
25information to the appropriate licensing or regulating
26Department and the licensed or regulated facility where the

 

 

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1person becomes a resident:
2        (1) The mittimus and any pre-sentence investigation
3    reports.
4        (2) The social evaluation prepared pursuant to Section
5    3-8-2.
6        (3) Any pre-release evaluation conducted pursuant to
7    subsection (j) of Section 3-6-2.
8        (4) Reports of disciplinary infractions and
9    dispositions.
10        (5) Any parole plan, including orders issued by the
11    Prisoner Review Board, and any violation reports and
12    dispositions.
13        (6) The name and contact information for the assigned
14    parole agent and parole supervisor.
15    This information shall be provided within 3 days of the
16person becoming a resident of the facility.
17    (c-10) If a person on parole or mandatory supervised
18release becomes a resident of a facility licensed or regulated
19by the Department of Public Health, the Illinois Department of
20Public Aid, or the Illinois Department of Human Services, the
21Department of Corrections shall provide written notification
22of such residence to the following:
23        (1) The Prisoner Review Board.
24        (2) The chief of police and sheriff in the municipality
25    and county in which the licensed facility is located.
26    The notification shall be provided within 3 days of the

 

 

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1person becoming a resident of the facility.
2    (d) Upon the release of a committed person on parole,
3mandatory supervised release, final discharge or pardon, the
4Department shall provide such person with information
5concerning programs and services of the Illinois Department of
6Public Health to ascertain whether such person has been exposed
7to the human immunodeficiency virus (HIV) or any identified
8causative agent of Acquired Immunodeficiency Syndrome (AIDS).
9    (e) Upon the release of a committed person on parole,
10mandatory supervised release, final discharge, pardon, or who
11has been wrongfully imprisoned, the Department shall verify the
12person's full name, date of birth, and social security number.
13If verification is made by the Department obtaining a certified
14copy of the person's birth certificate or social security card,
15the Department shall provide those documents to the person. If
16verification is obtained by other means, the Department shall
17complete a verification form, provided by the Secretary of
18State, and shall provide the person with that form. provide the
19person who has met the criteria established by the Department
20with an identification card identifying the person as being on
21parole, mandatory supervised release, final discharge, pardon,
22or wrongfully imprisoned, as the case may be. The Department,
23in consultation with the Office of the Secretary of State,
24shall prescribe the form of the identification card, which may
25be similar to the form of the standard Illinois Identification
26Card. The Department shall inform the committed person that he

 

 

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1or she may present the identification card to the Office of the
2Secretary of State upon application for a standard Illinois
3Identification Card in accordance with the Illinois
4Identification Card Act. The Department shall require the
5committed person to pay a $1 fee for the identification card.
6    For purposes of a committed person receiving an
7identification card issued by the Department under this
8subsection, the Department shall establish criteria that the
9committed person must meet before the card is issued. It is the
10sole responsibility of the committed person requesting the
11identification card issued by the Department to meet the
12established criteria. The person's failure to meet the criteria
13is sufficient reason to deny the committed person the
14identification card. An identification card issued by the
15Department under this subsection shall be valid for a period of
16time not to exceed 30 calendar days from the date the card is
17issued. The Department shall not be held civilly or criminally
18liable to anyone because of any act of any person utilizing a
19card issued by the Department under this subsection.
20    The Department shall adopt rules governing the issuance of
21identification cards to committed persons being released on
22parole, mandatory supervised release, final discharge, or
23pardon.
24    (f) Forty-five days prior to the scheduled discharge of a
25person committed to the custody of the Department of
26Corrections, the Department shall give the person who is

 

 

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1otherwise uninsured an opportunity to apply for health care
2coverage including medical assistance under Article V of the
3Illinois Public Aid Code in accordance with subsection (b) of
4Section 1-8.5 of the Illinois Public Aid Code, and the
5Department of Corrections shall provide assistance with
6completion of the application for health care coverage
7including medical assistance. The Department may adopt rules to
8implement this Section.
9(Source: P.A. 98-267, eff. 1-1-14; 99-415, eff. 8-20-15.)".