Full Text of HB4469 100th General Assembly
HB4469 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB4469 Introduced , by Rep. Juliana Stratton SYNOPSIS AS INTRODUCED: |
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Amends the Election Code. Provides that each election authority shall collaborate with the county jail within the jurisdiction of the election authority to facilitate voting by mail for voters eligible to vote in the county who are confined or detained in the county jail. Provides that in a county with a population of 3,000,000 or more, the election authority in the county shall establish a temporary branch polling place in the county jail. Contains additional provisions concerning the temporary branch polling place in the county jail. Amends the Counties Code. Provides that each election authority shall collaborate with the county jail within the jurisdiction of the election authority to facilitate voter registration for voters eligible to vote in that county who are confined or detained in the county jail. Provides that a county jail shall provide a voter registration application to any person in custody at the jail who requests an application and is eligible to vote. Amends the Unified Code of Corrections. Provides that upon release of a person who is eligible to vote, the Department of Corrections shall provide the person with a specified form that informs him or her that his or her voting rights have been restored. Amends the Unified Code of Corrections and Counties Code. Provides that upon discharge from a county jail or release from the Department of Corrections, a person shall be provided with a voter registration form. Provides that the Department, each county jail, and each county probation office shall provide an individual in its custody with specified information on voting rights. Makes other changes. Effective January 1, 2020.
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| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by adding Sections | 5 | | 19-2.3 and by changing Section 19A-20 as follows: | 6 | | (10 ILCS 5/19-2.3 new) | 7 | | Sec. 19-2.3. Vote by mail; jails. Each election authority | 8 | | shall collaborate with the county jail within the jurisdiction | 9 | | of the election authority to facilitate voting by mail for | 10 | | voters eligible to vote in the county who are confined or | 11 | | detained in the county jail. | 12 | | (10 ILCS 5/19A-20)
| 13 | | Sec. 19A-20. Temporary branch polling places.
| 14 | | (a) In addition to permanent polling places for early | 15 | | voting, the election
authority may establish temporary branch | 16 | | polling places for early voting.
| 17 | | (b) The provisions of subsection (b) of Section 19A-15 do | 18 | | not apply to a
temporary polling place. Voting at a temporary | 19 | | branch polling place may be
conducted on any one or more days | 20 | | and during any hours within the period for
early voting by | 21 | | personal appearance that are determined by the election
| 22 | | authority.
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| 1 | | (c) The schedules for conducting voting do not need to be | 2 | | uniform among the
temporary branch polling places.
| 3 | | (d) The legal rights and remedies which inure to the owner | 4 | | or lessor of
private property are not impaired or otherwise | 5 | | affected by the leasing of the
property for use as a temporary | 6 | | branch polling place for early voting, except
to the extent | 7 | | necessary to conduct early voting at that location.
| 8 | | (e) In a county with a population of 3,000,000 or more, the | 9 | | election authority in the county shall establish a temporary | 10 | | branch polling place under this Section in the county jail. | 11 | | Only a resident of a county who is in custody at the county | 12 | | jail and who has not been convicted of the offense for which | 13 | | the resident is in custody is eligible to vote at a temporary | 14 | | branch polling place established under this subsection. The | 15 | | temporary branch polling place established under this | 16 | | subsection shall allow a voter to vote in the same elections | 17 | | that the voter would be entitled to vote in where the voter | 18 | | resides. To the maximum extent feasible, voting booths or | 19 | | screens shall be provided to ensure the privacy of the voter. | 20 | | All provisions of this Code applicable to pollwatchers | 21 | | shall apply to a temporary branch polling place under this | 22 | | subsection, subject to approval from the election authority and | 23 | | the county jail. A county that establishes a temporary branch | 24 | | polling place inside a county jail in accordance with this | 25 | | subsection shall adhere to all requirements of this subsection. | 26 | | All requirements of the federal Voting Rights Act of 1965 shall |
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| 1 | | apply to this subsection. | 2 | | (Source: P.A. 94-645, eff. 8-22-05.) | 3 | | Section 10. The Counties Code is amended by adding Sections | 4 | | 3-15003.3 and 3-15003.4 as follows: | 5 | | (55 ILCS 5/3-15003.3 new) | 6 | | Sec. 3-15003.3. Voter registration; county jails. Upon | 7 | | discharge of a person who is eligible to vote from a county | 8 | | jail, the county jail shall provide the person with a voter | 9 | | registration application. Each election authority shall | 10 | | collaborate with the county jail within the jurisdiction of the | 11 | | election authority to facilitate voter registration for voters | 12 | | eligible to vote in that county who are confined or detained in | 13 | | the county jail. A county jail shall provide a voter | 14 | | registration application to any person in custody at the jail | 15 | | who requests an application and is eligible to vote. | 16 | | (55 ILCS 5/3-15003.4 new) | 17 | | Sec. 3-15003.4. Voting rights; county jails; probation | 18 | | offices. | 19 | | (a) Each county jail and county probation office shall make | 20 | | available current resource materials, maintained by the | 21 | | Illinois State Board of Elections, containing detailed | 22 | | information regarding the voting rights of a person with a | 23 | | criminal conviction in the following formats: |
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| 1 | | (1) in print; | 2 | | (2) on the website of each county jail and each county | 3 | | probation office; and | 4 | | (3) in a visible location on the premises of each | 5 | | county jail and county probation office where notices are | 6 | | customarily posted. | 7 | | (b) The current resource materials described under | 8 | | subsection (a) shall be provided: | 9 | | (1) upon discharge of a person from a county jail; and | 10 | | (2) upon intake of a person by a county probation | 11 | | department. | 12 | | Section 15. The Unified Code of Corrections is amended by | 13 | | adding Sections 3-2-2.3 and by changing Section 3-14-1 as | 14 | | follows: | 15 | | (730 ILCS 5/3-2-2.3 new) | 16 | | Sec. 3-2-2.3. Voting rights information. | 17 | | (a) The Department shall make available to a person in its | 18 | | custody current resource materials, maintained by the Illinois | 19 | | State Board of Elections, containing detailed information | 20 | | regarding the voting rights of a person with a criminal | 21 | | conviction in the following formats: | 22 | | (1) in print; | 23 | | (2) on the Department's website; and | 24 | | (3) in a visible location on the premises of each |
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| 1 | | Department facility where notices are customarily posted. | 2 | | (b) The current resource materials described under | 3 | | subsection (a) shall be provided upon release of a person on | 4 | | parole, mandatory supervised release, final discharge, or | 5 | | pardon from the Department.
| 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, | 9 | | final
discharge or pardon the Department shall return all | 10 | | property held for
him, provide him with suitable clothing and | 11 | | procure necessary
transportation for him to his designated | 12 | | place of residence and
employment. It may provide such person | 13 | | with a grant of money for travel and
expenses which may be paid | 14 | | in installments. The amount of the money grant
shall be | 15 | | determined by the Department.
| 16 | | (a-1) The Department shall, before a wrongfully imprisoned | 17 | | person, as defined in Section 3-1-2 of this Code, is discharged | 18 | | from the Department, provide him or her with any documents | 19 | | necessary after discharge. | 20 | | (a-2) The Department of Corrections may establish and | 21 | | maintain, in any institution
it administers, revolving funds to | 22 | | be known as "Travel and Allowances Revolving
Funds". These | 23 | | revolving funds shall be used for advancing travel and expense
| 24 | | allowances to committed, paroled, and discharged prisoners. | 25 | | The moneys
paid into such revolving funds shall be from |
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| 1 | | appropriations to the Department
for Committed, Paroled, and | 2 | | Discharged Prisoners.
| 3 | | (a-3) Upon release of a person who is eligible to vote on | 4 | | parole, mandatory release, final discharge, or pardon, the | 5 | | Department shall provide the person with a form that informs | 6 | | him or her that his or her voting rights have been restored and | 7 | | a voter registration application. The Department shall have | 8 | | available voter registration applications in the languages | 9 | | provided by the Illinois State Board of Elections. The form | 10 | | that informs the person that his or her rights have been | 11 | | restored shall include the following information: | 12 | | (1) All voting rights are restored upon release from | 13 | | the Department's custody. | 14 | | (2) A person who is eligible to vote must register in | 15 | | order to be able to vote. | 16 | | A form certifying that the person received the voter | 17 | | registration application and that informs the person that his | 18 | | or her voting rights have been restored shall be signed by an | 19 | | official employed by the correctional facility. The signed form | 20 | | shall be maintained on record by the correctional facility and | 21 | | a copy shall be provided to the inmate upon release from | 22 | | incarceration. A Department employee who refuses to provide a | 23 | | person with the form that informs the person that his or her | 24 | | voting rights have been restored shall be subject to | 25 | | disciplinary action by the Department. | 26 | | (b) (Blank).
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| 1 | | (c) Except as otherwise provided in this Code, the | 2 | | Department shall
establish procedures to provide written | 3 | | notification of any release of any
person who has been | 4 | | convicted of a felony to the State's Attorney
and sheriff of | 5 | | the county from which the offender was committed, and the
| 6 | | State's Attorney and sheriff of the county into which the | 7 | | offender is to be
paroled or released. Except as otherwise | 8 | | provided in this Code, the
Department shall establish | 9 | | procedures to provide written notification to
the proper law | 10 | | enforcement agency for any municipality of any release of any
| 11 | | person who has been convicted of a felony if the arrest of the | 12 | | offender or the
commission of the offense took place in the | 13 | | municipality, if the offender is to
be paroled or released into | 14 | | the municipality, or if the offender resided in the
| 15 | | municipality at the time of the commission of the offense. If a | 16 | | person
convicted of a felony who is in the custody of the | 17 | | Department of Corrections or
on parole or mandatory supervised | 18 | | release informs the Department that he or she
has resided, | 19 | | resides, or will
reside at an address that is a housing | 20 | | facility owned, managed,
operated, or leased by a public | 21 | | housing agency, the Department must send
written notification | 22 | | of that information to the public housing agency that
owns, | 23 | | manages, operates, or leases the housing facility. The written
| 24 | | notification shall, when possible, be given at least 14 days | 25 | | before release of
the person from custody, or as soon | 26 | | thereafter as possible. The written notification shall be |
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| 1 | | provided electronically if the State's Attorney, sheriff, | 2 | | proper law enforcement agency, or public housing agency has | 3 | | provided the Department with an accurate and up to date email | 4 | | address.
| 5 | | (c-1) (Blank). | 6 | | (c-2) The Department shall establish procedures to provide | 7 | | notice to the Department of State Police of the release or | 8 | | discharge of persons convicted of violations of the | 9 | | Methamphetamine Control and Community
Protection Act or a | 10 | | violation of the Methamphetamine Precursor Control Act. The | 11 | | Department of State Police shall make this information | 12 | | available to local, State, or federal law enforcement agencies | 13 | | upon request. | 14 | | (c-5) If a person on parole or mandatory supervised release | 15 | | becomes a resident of a facility licensed or regulated by the | 16 | | Department of Public Health, the Illinois Department of Public | 17 | | Aid, or the Illinois Department of Human Services, the | 18 | | Department of Corrections shall provide copies of the following | 19 | | information to the appropriate licensing or regulating | 20 | | Department and the licensed or regulated facility where the | 21 | | person 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 |
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| 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 | 10 | | person becoming a resident of the facility.
| 11 | | (c-10) If a person on parole or mandatory supervised | 12 | | release becomes a resident of a facility licensed or regulated | 13 | | by the Department of Public Health, the Illinois Department of | 14 | | Public Aid, or the Illinois Department of Human Services, the | 15 | | Department of Corrections shall provide written notification | 16 | | of 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 | 21 | | person becoming a resident of the facility.
| 22 | | (d) Upon the release of a committed person on parole, | 23 | | mandatory
supervised release, final discharge or pardon, the | 24 | | Department shall provide
such person with information | 25 | | concerning programs and services of the
Illinois Department of | 26 | | Public Health to ascertain whether such person has
been exposed |
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| 1 | | to the human immunodeficiency virus (HIV) or any identified
| 2 | | causative agent of Acquired Immunodeficiency Syndrome (AIDS).
| 3 | | (e) Upon the release of a committed person on parole, | 4 | | mandatory supervised
release, final discharge, pardon, or who | 5 | | has been wrongfully imprisoned, the Department shall verify the | 6 | | released person's full name, date of birth, and social security | 7 | | number. If verification is made by the Department by obtaining | 8 | | a certified copy of the released person's birth certificate and | 9 | | the released person's social security card or other documents | 10 | | authorized by the Secretary, the Department shall provide the | 11 | | birth certificate and social security card or other documents | 12 | | authorized by the Secretary to the released person. If | 13 | | verification by the Department is done by means other than | 14 | | obtaining a certified copy of the released person's birth | 15 | | certificate and the released person's social security card or | 16 | | other documents authorized by the Secretary, the Department | 17 | | shall complete a verification form, prescribed by the Secretary | 18 | | of State, and shall provide that verification form to the | 19 | | released person.
| 20 | | (f) Forty-five days prior to the scheduled discharge of a | 21 | | person committed to the custody of the Department of | 22 | | Corrections, the Department shall give the person who is | 23 | | otherwise uninsured an opportunity to apply for health care | 24 | | coverage including medical assistance under Article V of the | 25 | | Illinois Public Aid Code in accordance with subsection (b) of | 26 | | Section 1-8.5 of the Illinois Public Aid Code, and the |
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| 1 | | Department of Corrections shall provide assistance with | 2 | | completion of the application for health care coverage | 3 | | including medical assistance. The Department may adopt rules to | 4 | | implement this Section. | 5 | | (Source: P.A. 98-267, eff. 1-1-14; 99-415, eff. 8-20-15; | 6 | | 99-907, eff. 7-1-17 .)
| 7 | | Section 99. Effective date. This Act takes effect January | 8 | | 1, 2020.
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INDEX
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Statutes amended in order of appearance
| | 3 | | 10 ILCS 5/19-2.3 new | | | 4 | | 10 ILCS 5/19A-20 | | | 5 | | 55 ILCS 5/3-15003.3 new | | | 6 | | 55 ILCS 5/3-15003.4 new | | | 7 | | 730 ILCS 5/3-2-2.3 new | | | 8 | | 730 ILCS 5/3-14-1 | from Ch. 38, par. 1003-14-1 |
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