HB3339 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3339

 

Introduced , by Rep. Elgie R. Sims, Jr.

 

SYNOPSIS AS INTRODUCED:
 
15 ILCS 335/4  from Ch. 124, par. 24
730 ILCS 5/3-2.5-75
730 ILCS 5/3-14-1  from Ch. 38, par. 1003-14-1

    Amends the Illinois Identification Card Act. Provides that the Secretary of State shall report annually to the Governor and the General Assembly the total number of limited-term Illinois Identification Cards and original or replacement Illinois Identification Cards issued to persons released on parole, mandatory supervised release, aftercare release, final discharge, or pardoned from the Department of Corrections or the Department of Juvenile Justice, and the total cost to the Secretary in waiving fees for such persons. Provides that the Secretary shall further report annually to the Governor and the General Assembly any impediments to issuing Illinois Identification Cards to those persons, and provide recommendations to improve access to Illinois Identification Cards for those persons. Amends the Unified Code of Corrections. Provides that the Department of Corrections and the Department of Juvenile Justice shall report annually to the Governor and the General Assembly the total number of persons for which those Departments obtained a certified birth certificate and social security card, and provide the total number of verification forms issued by those Departments to persons prior to their release.


LRB100 11053 RJF 21292 b

 

 

A BILL FOR

 

HB3339LRB100 11053 RJF 21292 b

1    AN ACT concerning State 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 Section 4 as follows:
 
6    (15 ILCS 335/4)  (from Ch. 124, par. 24)
7    (Text of Section before amendment by P.A. 99-907)
8    Sec. 4. Identification card.
9    (a) The Secretary of State shall issue a standard Illinois
10Identification Card to any natural person who is a resident of
11the State of Illinois who applies for such card, or renewal
12thereof, or who applies for a standard Illinois Identification
13Card upon release as a committed person on parole, mandatory
14supervised release, aftercare release, final discharge, or
15pardon from the Department of Corrections or Department of
16Juvenile Justice by submitting an identification card issued by
17the Department of Corrections or Department of Juvenile Justice
18under Section 3-14-1 or Section 3-2.5-70 of the Unified Code of
19Corrections, together with the prescribed fees. No
20identification card shall be issued to any person who holds a
21valid foreign state identification card, license, or permit
22unless the person first surrenders to the Secretary of State
23the valid foreign state identification card, license, or

 

 

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1permit. The card shall be prepared and supplied by the
2Secretary of State and shall include a photograph and signature
3or mark of the applicant. However, the Secretary of State may
4provide by rule for the issuance of Illinois Identification
5Cards without photographs if the applicant has a bona fide
6religious objection to being photographed or to the display of
7his or her photograph. The Illinois Identification Card may be
8used for identification purposes in any lawful situation only
9by the person to whom it was issued. As used in this Act,
10"photograph" means any color photograph or digitally produced
11and captured image of an applicant for an identification card.
12As used in this Act, "signature" means the name of a person as
13written by that person and captured in a manner acceptable to
14the Secretary of State.
15    (a-5) If an applicant for an identification card has a
16current driver's license or instruction permit issued by the
17Secretary of State, the Secretary may require the applicant to
18utilize the same residence address and name on the
19identification card, driver's license, and instruction permit
20records maintained by the Secretary. The Secretary may
21promulgate rules to implement this provision.
22    (a-10) If the applicant is a judicial officer as defined in
23Section 1-10 of the Judicial Privacy Act or a peace officer,
24the applicant may elect to have his or her office or work
25address listed on the card instead of the applicant's residence
26or mailing address. The Secretary may promulgate rules to

 

 

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

 

 

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

 

 

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

 

 

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1with a Disability Identification Card, the Office of the
2Secretary of State shall not be liable for any actions taken
3based upon that medical information.
4    (c) The Secretary of State shall provide that each original
5or renewal Illinois Identification Card or Illinois Person with
6a Disability Identification Card issued to a person under the
7age of 21 shall be of a distinct nature from those Illinois
8Identification Cards or Illinois Person with a Disability
9Identification Cards issued to individuals 21 years of age or
10older. The color designated for Illinois Identification Cards
11or Illinois Person with a Disability Identification Cards for
12persons under the age of 21 shall be at the discretion of the
13Secretary of State.
14    (c-1) Each original or renewal Illinois Identification
15Card or Illinois Person with a Disability Identification Card
16issued to a person under the age of 21 shall display the date
17upon which the person becomes 18 years of age and the date upon
18which the person becomes 21 years of age.
19    (c-3) The General Assembly recognizes the need to identify
20military veterans living in this State for the purpose of
21ensuring that they receive all of the services and benefits to
22which they are legally entitled, including healthcare,
23education assistance, and job placement. To assist the State in
24identifying these veterans and delivering these vital services
25and benefits, the Secretary of State is authorized to issue
26Illinois Identification Cards and Illinois Person with a

 

 

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

 

 

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1Person with a Disability Identification Card a space where the
2card holder may place a sticker or decal, issued by the
3Secretary of State, of uniform size as the Secretary may
4specify, that shall indicate in appropriate language that the
5card holder has renewed his or her Illinois Identification Card
6or Illinois Person with a Disability Identification Card.
7(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
898-558, eff. 1-1-14; 98-756, eff. 7-16-14; 99-143, eff.
97-27-15; 99-173, eff. 7-29-15; 99-305, eff. 1-1-16; 99-642,
10eff. 7-28-16.)
 
11    (Text of Section after amendment by P.A. 99-907)
12    Sec. 4. Identification Card.
13    (a) The Secretary of State shall issue a standard Illinois
14Identification Card to any natural person who is a resident of
15the State of Illinois who applies for such card, or renewal
16thereof. No identification card shall be issued to any person
17who holds a valid foreign state identification card, license,
18or permit unless the person first surrenders to the Secretary
19of State the valid foreign state identification card, license,
20or permit. The card shall be prepared and supplied by the
21Secretary of State and shall include a photograph and signature
22or mark of the applicant. However, the Secretary of State may
23provide by rule for the issuance of Illinois Identification
24Cards without photographs if the applicant has a bona fide
25religious objection to being photographed or to the display of

 

 

HB3339- 9 -LRB100 11053 RJF 21292 b

1his or her photograph. The Illinois Identification Card may be
2used for identification purposes in any lawful situation only
3by the person to whom it was issued. As used in this Act,
4"photograph" means any color photograph or digitally produced
5and captured image of an applicant for an identification card.
6As used in this Act, "signature" means the name of a person as
7written by that person and captured in a manner acceptable to
8the Secretary of State.
9    (a-5) If an applicant for an identification card has a
10current driver's license or instruction permit issued by the
11Secretary of State, the Secretary may require the applicant to
12utilize the same residence address and name on the
13identification card, driver's license, and instruction permit
14records maintained by the Secretary. The Secretary may
15promulgate rules to implement this provision.
16    (a-10) If the applicant is a judicial officer as defined in
17Section 1-10 of the Judicial Privacy Act or a peace officer,
18the applicant may elect to have his or her office or work
19address listed on the card instead of the applicant's residence
20or mailing address. The Secretary may promulgate rules to
21implement this provision. For the purposes of this subsection
22(a-10), "peace officer" means any person who by virtue of his
23or her office or public employment is vested by law with a duty
24to maintain public order or to make arrests for a violation of
25any penal statute of this State, whether that duty extends to
26all violations or is limited to specific violations.

 

 

HB3339- 10 -LRB100 11053 RJF 21292 b

1    (a-15) The Secretary of State may provide for an expedited
2process for the issuance of an Illinois Identification Card.
3The Secretary shall charge an additional fee for the expedited
4issuance of an Illinois Identification Card, to be set by rule,
5not to exceed $75. All fees collected by the Secretary for
6expedited Illinois Identification Card service shall be
7deposited into the Secretary of State Special Services Fund.
8The Secretary may adopt rules regarding the eligibility,
9process, and fee for an expedited Illinois Identification Card.
10If the Secretary of State determines that the volume of
11expedited identification card requests received on a given day
12exceeds the ability of the Secretary to process those requests
13in an expedited manner, the Secretary may decline to provide
14expedited services, and the additional fee for the expedited
15service shall be refunded to the applicant.
16    (a-20) The Secretary of State shall issue a standard
17Illinois Identification Card to a committed person upon release
18on parole, mandatory supervised release, aftercare release,
19final discharge, or pardon from the Department of Corrections
20or Department of Juvenile Justice, if the released person
21presents a certified copy of his or her birth certificate,
22social security card or other documents authorized by the
23Secretary, and 2 documents proving his or her Illinois
24residence address. Documents proving residence address may
25include any official document of the Department of Corrections
26or the Department of Juvenile Justice showing the released

 

 

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1person's address after release and a Secretary of State
2prescribed certificate of residency form, which may be executed
3by Department of Corrections or Department of Juvenile Justice
4personnel.
5    (a-25) The Secretary of State shall issue a limited-term
6Illinois Identification Card valid for 90 days to a committed
7person upon release on parole, mandatory supervised release,
8aftercare release, final discharge, or pardon from the
9Department of Corrections or Department of Juvenile Justice, if
10the released person is unable to present a certified copy of
11his or her birth certificate and social security card or other
12documents authorized by the Secretary, but does present a
13Secretary of State prescribed verification form completed by
14the Department of Corrections or Department of Juvenile
15Justice, verifying the released person's date of birth and
16social security number and 2 documents proving his or her
17Illinois residence address. The verification form must have
18been completed no more than 30 days prior to the date of
19application for the Illinois Identification Card. Documents
20proving residence address shall include any official document
21of the Department of Corrections or the Department of Juvenile
22Justice showing the person's address after release and a
23Secretary of State prescribed certificate of residency, which
24may be executed by Department of Corrections or Department of
25Juvenile Justice personnel.
26    (a-30) The Secretary of State shall report annually to the

 

 

HB3339- 12 -LRB100 11053 RJF 21292 b

1Governor and the General Assembly the total number of
2limited-term Illinois Identification Cards issued to persons
3released on parole, mandatory supervised release, aftercare
4release, final discharge, or pardoned from the Department of
5Corrections or the Department of Juvenile Justice. The
6Secretary shall also report the total number of original or
7replacement Illinois Identification Cards issued to persons
8released on parole, mandatory supervised release, aftercare
9release, final discharge, or pardoned from the Department of
10Corrections or the Department of Juvenile Justice, and the
11total cost to the Secretary in waiving fees for such persons as
12provided under subsections (p) and (q) of Section 12 of this
13Act. The Secretary shall further report annually to the
14Governor and the General Assembly any impediments to issuing
15Illinois Identification Cards to persons released on parole,
16mandatory supervised release, aftercare release, final
17discharge, or pardoned from the Department of Corrections or
18the Department of Juvenile Justice, and provide
19recommendations to improve access to Illinois Identification
20Cards for those persons.
21    Prior to the expiration of the 90-day period of the
22limited-term Illinois Identification Card, if the released
23person submits to the Secretary of State a certified copy of
24his or her birth certificate and his or her social security
25card or other documents authorized by the Secretary, a standard
26Illinois Identification Card shall be issued. A limited-term

 

 

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1Illinois Identification Card may not be renewed.
2    (b) The Secretary of State shall issue a special Illinois
3Identification Card, which shall be known as an Illinois Person
4with a Disability Identification Card, to any natural person
5who is a resident of the State of Illinois, who is a person
6with a disability as defined in Section 4A of this Act, who
7applies for such card, or renewal thereof. No Illinois Person
8with a Disability Identification Card shall be issued to any
9person who holds a valid foreign state identification card,
10license, or permit unless the person first surrenders to the
11Secretary of State the valid foreign state identification card,
12license, or permit. The Secretary of State shall charge no fee
13to issue such card. The card shall be prepared and supplied by
14the Secretary of State, and shall include a photograph and
15signature or mark of the applicant, a designation indicating
16that the card is an Illinois Person with a Disability
17Identification Card, and shall include a comprehensible
18designation of the type and classification of the applicant's
19disability as set out in Section 4A of this Act. However, the
20Secretary of State may provide by rule for the issuance of
21Illinois Person with a Disability Identification Cards without
22photographs if the applicant has a bona fide religious
23objection to being photographed or to the display of his or her
24photograph. If the applicant so requests, the card shall
25include a description of the applicant's disability and any
26information about the applicant's disability or medical

 

 

HB3339- 14 -LRB100 11053 RJF 21292 b

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

 

 

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

 

 

HB3339- 16 -LRB100 11053 RJF 21292 b

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

 

 

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1at, but not limited to, nutrition sites, senior citizen centers
2and Area Agencies on Aging. The applicant, upon receipt of such
3card and prior to its use for any purpose, shall have affixed
4thereon in the space provided therefor his signature or mark.
5    (e) The Secretary of State, in his or her discretion, may
6designate on each Illinois Identification Card or Illinois
7Person with a Disability Identification Card a space where the
8card holder may place a sticker or decal, issued by the
9Secretary of State, of uniform size as the Secretary may
10specify, that shall indicate in appropriate language that the
11card holder has renewed his or her Illinois Identification Card
12or Illinois Person with a Disability Identification Card.
13(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
1498-558, eff. 1-1-14; 98-756, eff. 7-16-14; 99-143, eff.
157-27-15; 99-173, eff. 7-29-15; 99-305, eff. 1-1-16; 99-642,
16eff. 7-28-16; 99-907, eff. 7-1-17.)
 
17    Section 10. The Unified Code of Corrections is amended by
18changing Sections 3-2.5-75 and 3-14-1 as follows:
 
19    (730 ILCS 5/3-2.5-75)
20    (Text of Section before amendment by P.A. 99-907)
21    Sec. 3-2.5-75. Release from Department of Juvenile
22Justice.
23    (a) Upon release of a youth on aftercare, the Department
24shall return all property held for the youth, provide the youth

 

 

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1with suitable clothing, and procure necessary transportation
2for the youth to his or her designated place of residence and
3employment. It may provide the youth with a grant of money for
4travel and expenses which may be paid in installments. The
5amount of the money grant shall be determined by the
6Department.
7    (b) Before a wrongfully imprisoned person, as defined in
8Section 3-1-2 of this Code, is discharged from the Department,
9the Department shall provide him or her with any documents
10necessary after discharge, including an identification card
11under subsection (e) of this Section.
12    (c) The Department of Juvenile Justice may establish and
13maintain, in any institution it administers, revolving funds to
14be known as "Travel and Allowances Revolving Funds". These
15revolving funds shall be used for advancing travel and expense
16allowances to committed, released, and discharged youth. The
17moneys paid into these revolving funds shall be from
18appropriations to the Department for committed, released, and
19discharged prisoners.
20    (d) Upon the release of a youth on aftercare, the
21Department shall provide that youth with information
22concerning programs and services of the Department of Public
23Health to ascertain whether that youth has been exposed to the
24human immunodeficiency virus (HIV) or any identified causative
25agent of Acquired Immunodeficiency Syndrome (AIDS).
26    (e) Upon the release of a youth on aftercare or who has

 

 

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

 

 

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1    The Department shall adopt rules governing the issuance of
2identification cards to youth being released on aftercare or
3pardon.
4(Source: P.A. 98-558, eff. 1-1-14; 98-685, eff. 1-1-15.)
 
5    (Text of Section after amendment by P.A. 99-907)
6    Sec. 3-2.5-75. Release from Department of Juvenile
7Justice.
8    (a) Upon release of a youth on aftercare, the Department
9shall return all property held for the youth, provide the youth
10with suitable clothing, and procure necessary transportation
11for the youth to his or her designated place of residence and
12employment. It may provide the youth with a grant of money for
13travel and expenses which may be paid in installments. The
14amount of the money grant shall be determined by the
15Department.
16    (b) Before a wrongfully imprisoned person, as defined in
17Section 3-1-2 of this Code, is discharged from the Department,
18the Department shall provide him or her with any documents
19necessary after discharge.
20    (c) The Department of Juvenile Justice may establish and
21maintain, in any institution it administers, revolving funds to
22be known as "Travel and Allowances Revolving Funds". These
23revolving funds shall be used for advancing travel and expense
24allowances to committed, released, and discharged youth. The
25moneys paid into these revolving funds shall be from

 

 

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1appropriations to the Department for committed, released, and
2discharged prisoners.
3    (d) Upon the release of a youth on aftercare, the
4Department shall provide that youth with information
5concerning programs and services of the Department of Public
6Health to ascertain whether that youth has been exposed to the
7human immunodeficiency virus (HIV) or any identified causative
8agent of Acquired Immunodeficiency Syndrome (AIDS).
9    (e) Upon the release of a youth on aftercare or who has
10been wrongfully imprisoned, the Department shall verify the
11youth's full name, date of birth, and social security number.
12If verification is made by the Department by obtaining a
13certified copy of the youth's birth certificate and the youth's
14social security card or other documents authorized by the
15Secretary, the Department shall provide the birth certificate
16and social security card or other documents authorized by the
17Secretary to the youth. If verification is done by means other
18than obtaining a certified copy of the youth's birth
19certificate and the youth's social security card or other
20documents authorized by the Secretary, the Department shall
21complete a verification form, prescribed by the Secretary of
22State and shall provide that verification form to the youth.
23The Department shall report annually to the Governor and the
24General Assembly the total number of youths for which the
25Department obtained a certified birth certificate and social
26security card. The Department shall further report annually to

 

 

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1the Governor and the General Assembly the total number of
2verification forms issued by the Department to youths prior to
3their release.
4(Source: P.A. 98-558, eff. 1-1-14; 98-685, eff. 1-1-15; 99-907,
5eff. 7-1-17.)
 
6    (730 ILCS 5/3-14-1)  (from Ch. 38, par. 1003-14-1)
7    (Text of Section before amendment by P.A. 99-907)
8    Sec. 3-14-1. Release from the Institution.
9    (a) Upon release of a person on parole, mandatory release,
10final discharge or pardon the Department shall return all
11property held for him, provide him with suitable clothing and
12procure necessary transportation for him to his designated
13place of residence and employment. It may provide such person
14with a grant of money for travel and expenses which may be paid
15in installments. The amount of the money grant shall be
16determined by the Department.
17    (a-1) The Department shall, before a wrongfully imprisoned
18person, as defined in Section 3-1-2 of this Code, is discharged
19from the Department, provide him or her with any documents
20necessary after discharge, including an identification card
21under subsection (e) of this Section.
22    (a-2) The Department of Corrections may establish and
23maintain, in any institution it administers, revolving funds to
24be known as "Travel and Allowances Revolving Funds". These
25revolving funds shall be used for advancing travel and expense

 

 

HB3339- 23 -LRB100 11053 RJF 21292 b

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

 

 

HB3339- 24 -LRB100 11053 RJF 21292 b

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

 

 

HB3339- 25 -LRB100 11053 RJF 21292 b

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

 

 

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1    (d) Upon the release of a committed person on parole,
2mandatory supervised release, final discharge or pardon, the
3Department shall provide such person with information
4concerning programs and services of the Illinois Department of
5Public Health to ascertain whether such person has been exposed
6to the human immunodeficiency virus (HIV) or any identified
7causative agent of Acquired Immunodeficiency Syndrome (AIDS).
8    (e) Upon the release of a committed person on parole,
9mandatory supervised release, final discharge, pardon, or who
10has been wrongfully imprisoned, the Department shall provide
11the person who has met the criteria established by the
12Department with an identification card identifying the person
13as being on parole, mandatory supervised release, final
14discharge, pardon, or wrongfully imprisoned, as the case may
15be. The Department, in consultation with the Office of the
16Secretary of State, shall prescribe the form of the
17identification card, which may be similar to the form of the
18standard Illinois Identification Card. The Department shall
19inform the committed person that he or she may present the
20identification card to the Office of the Secretary of State
21upon application for a standard Illinois Identification Card in
22accordance with the Illinois Identification Card Act. The
23Department shall require the committed person to pay a $1 fee
24for the identification card.
25    For purposes of a committed person receiving an
26identification card issued by the Department under this

 

 

HB3339- 27 -LRB100 11053 RJF 21292 b

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

 

 

HB3339- 28 -LRB100 11053 RJF 21292 b

1implement this Section.
2(Source: P.A. 98-267, eff. 1-1-14; 99-415, eff. 8-20-15.)
 
3    (Text of Section after amendment by P.A. 99-907)
4    Sec. 3-14-1. Release from the Institution.
5    (a) Upon release of a person on parole, mandatory release,
6final discharge or pardon the Department shall return all
7property held for him, provide him with suitable clothing and
8procure necessary transportation for him to his designated
9place of residence and employment. It may provide such person
10with a grant of money for travel and expenses which may be paid
11in installments. The amount of the money grant shall be
12determined by the Department.
13    (a-1) The Department shall, before a wrongfully imprisoned
14person, as defined in Section 3-1-2 of this Code, is discharged
15from the Department, provide him or her with any documents
16necessary after discharge.
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).

 

 

HB3339- 29 -LRB100 11053 RJF 21292 b

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

 

 

HB3339- 30 -LRB100 11053 RJF 21292 b

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

 

 

HB3339- 31 -LRB100 11053 RJF 21292 b

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

 

 

HB3339- 32 -LRB100 11053 RJF 21292 b

1to the human immunodeficiency virus (HIV) or any identified
2causative agent of Acquired Immunodeficiency Syndrome (AIDS).
3    (e) Upon the release of a committed person on parole,
4mandatory supervised release, final discharge, pardon, or who
5has been wrongfully imprisoned, the Department shall verify the
6released person's full name, date of birth, and social security
7number. If verification is made by the Department by obtaining
8a certified copy of the released person's birth certificate and
9the released person's social security card or other documents
10authorized by the Secretary, the Department shall provide the
11birth certificate and social security card or other documents
12authorized by the Secretary to the released person. If
13verification by the Department is done by means other than
14obtaining a certified copy of the released person's birth
15certificate and the released person's social security card or
16other documents authorized by the Secretary, the Department
17shall complete a verification form, prescribed by the Secretary
18of State, and shall provide that verification form to the
19released person. The Department shall report annually to the
20Governor and the General Assembly the total number of persons
21for which the Department obtained a certified birth certificate
22and social security card. The Department shall further report
23annually to the Governor and the General Assembly the total
24number of verification forms issued by the Department to
25persons prior to their release.
26    (f) Forty-five days prior to the scheduled discharge of a

 

 

HB3339- 33 -LRB100 11053 RJF 21292 b

1person committed to the custody of the Department of
2Corrections, the Department shall give the person who is
3otherwise uninsured an opportunity to apply for health care
4coverage including medical assistance under Article V of the
5Illinois Public Aid Code in accordance with subsection (b) of
6Section 1-8.5 of the Illinois Public Aid Code, and the
7Department of Corrections shall provide assistance with
8completion of the application for health care coverage
9including medical assistance. The Department may adopt rules to
10implement this Section.
11(Source: P.A. 98-267, eff. 1-1-14; 99-415, eff. 8-20-15;
1299-907, eff. 7-1-17.)
 
13    Section 95. No acceleration or delay. Where this Act makes
14changes in a statute that is represented in this Act by text
15that is not yet or no longer in effect (for example, a Section
16represented by multiple versions), the use of that text does
17not accelerate or delay the taking effect of (i) the changes
18made by this Act or (ii) provisions derived from any other
19Public Act.