Illinois General Assembly - Full Text of SB0389
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Full Text of SB0389  96th General Assembly

SB0389ham001 96TH GENERAL ASSEMBLY

Judiciary II - Criminal Law Committee

Filed: 11/16/2010

 

 


 

 


 
09600SB0389ham001LRB096 06420 RLC 44015 a

1
AMENDMENT TO SENATE BILL 389

2    AMENDMENT NO. ______. Amend Senate Bill 389 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Department of Employment Security Law of
5the Civil Administrative Code of Illinois is amended by adding
6Section 1005-165 as follows:
 
7    (20 ILCS 1005/1005-165 new)
8    Sec. 1005-165. Re-entry services program. The Department
9of Employment Security shall establish a re-entry services
10program to assist persons wrongfully imprisoned, as defined in
11Section 3-1-2 of the Unified Code of Corrections, in obtaining
12job placement for up to 5 years after release from prison, or
13if the person wrongfully imprisoned was released from prison
14before the effective date of this amendatory Act of the 96th
15General Assembly, for up to 5 years after the person informs
16the Department that he or she seeks the assistance provided for

 

 

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1under this Section. The Department shall promulgate rules, no
2later than July 1, 2011, establishing the eligibility of
3wrongfully imprisoned persons for the Department's re-entry
4services program.
 
5    Section 10. The Department of Healthcare and Family
6Services Law of the Civil Administrative Code of Illinois is
7amended by adding Section 2205-20 as follows:
 
8    (20 ILCS 2205/2205-20 new)
9    Sec. 2205-20. Re-entry services program. The Department of
10Healthcare and Family Services shall establish a re-entry
11services program to assist persons wrongfully imprisoned, as
12defined in Section 3-1-2 of the Unified Code of Corrections, in
13obtaining mental health services, including services for
14post-traumatic stress, at an agreed-upon mental health
15facility at no charge for up to 3 years after release from
16prison, or if the person wrongfully imprisoned was released
17from prison before the effective date of this amendatory Act of
18the 96th General Assembly, for up to 3 years after the person
19informs the Department that he or she seeks the assistance
20provided for under this Section. The Department shall
21promulgate rules, no later than July 1, 2011, establishing the
22eligibility of wrongfully imprisoned persons for the
23Department's re-entry services program.
 

 

 

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1    Section 15. The Illinois Public Aid Code is amended by
2changing Section 5-2 as follows:
 
3    (305 ILCS 5/5-2)  (from Ch. 23, par. 5-2)
4    Sec. 5-2. Classes of Persons Eligible. Medical assistance
5under this Article shall be available to any of the following
6classes of persons in respect to whom a plan for coverage has
7been submitted to the Governor by the Illinois Department and
8approved by him:
9        1. Recipients of basic maintenance grants under
10    Articles III and IV.
11        2. Persons otherwise eligible for basic maintenance
12    under Articles III and IV, excluding any eligibility
13    requirements that are inconsistent with any federal law or
14    federal regulation, as interpreted by the U.S. Department
15    of Health and Human Services, but who fail to qualify
16    thereunder on the basis of need or who qualify but are not
17    receiving basic maintenance under Article IV, and who have
18    insufficient income and resources to meet the costs of
19    necessary medical care, including but not limited to the
20    following:
21            (a) All persons otherwise eligible for basic
22        maintenance under Article III but who fail to qualify
23        under that Article on the basis of need and who meet
24        either of the following requirements:
25                (i) their income, as determined by the

 

 

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1            Illinois Department in accordance with any federal
2            requirements, is equal to or less than 70% in
3            fiscal year 2001, equal to or less than 85% in
4            fiscal year 2002 and until a date to be determined
5            by the Department by rule, and equal to or less
6            than 100% beginning on the date determined by the
7            Department by rule, of the nonfarm income official
8            poverty line, as defined by the federal Office of
9            Management and Budget and revised annually in
10            accordance with Section 673(2) of the Omnibus
11            Budget Reconciliation Act of 1981, applicable to
12            families of the same size; or
13                (ii) their income, after the deduction of
14            costs incurred for medical care and for other types
15            of remedial care, is equal to or less than 70% in
16            fiscal year 2001, equal to or less than 85% in
17            fiscal year 2002 and until a date to be determined
18            by the Department by rule, and equal to or less
19            than 100% beginning on the date determined by the
20            Department by rule, of the nonfarm income official
21            poverty line, as defined in item (i) of this
22            subparagraph (a).
23            (b) All persons who, excluding any eligibility
24        requirements that are inconsistent with any federal
25        law or federal regulation, as interpreted by the U.S.
26        Department of Health and Human Services, would be

 

 

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1        determined eligible for such basic maintenance under
2        Article IV by disregarding the maximum earned income
3        permitted by federal law.
4        3. Persons who would otherwise qualify for Aid to the
5    Medically Indigent under Article VII.
6        4. Persons not eligible under any of the preceding
7    paragraphs who fall sick, are injured, or die, not having
8    sufficient money, property or other resources to meet the
9    costs of necessary medical care or funeral and burial
10    expenses.
11        5.(a) Women during pregnancy, after the fact of
12    pregnancy has been determined by medical diagnosis, and
13    during the 60-day period beginning on the last day of the
14    pregnancy, together with their infants and children born
15    after September 30, 1983, whose income and resources are
16    insufficient to meet the costs of necessary medical care to
17    the maximum extent possible under Title XIX of the Federal
18    Social Security Act.
19        (b) The Illinois Department and the Governor shall
20    provide a plan for coverage of the persons eligible under
21    paragraph 5(a) by April 1, 1990. Such plan shall provide
22    ambulatory prenatal care to pregnant women during a
23    presumptive eligibility period and establish an income
24    eligibility standard that is equal to 133% of the nonfarm
25    income official poverty line, as defined by the federal
26    Office of Management and Budget and revised annually in

 

 

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1    accordance with Section 673(2) of the Omnibus Budget
2    Reconciliation Act of 1981, applicable to families of the
3    same size, provided that costs incurred for medical care
4    are not taken into account in determining such income
5    eligibility.
6        (c) The Illinois Department may conduct a
7    demonstration in at least one county that will provide
8    medical assistance to pregnant women, together with their
9    infants and children up to one year of age, where the
10    income eligibility standard is set up to 185% of the
11    nonfarm income official poverty line, as defined by the
12    federal Office of Management and Budget. The Illinois
13    Department shall seek and obtain necessary authorization
14    provided under federal law to implement such a
15    demonstration. Such demonstration may establish resource
16    standards that are not more restrictive than those
17    established under Article IV of this Code.
18        6. Persons under the age of 18 who fail to qualify as
19    dependent under Article IV and who have insufficient income
20    and resources to meet the costs of necessary medical care
21    to the maximum extent permitted under Title XIX of the
22    Federal Social Security Act.
23        7. Persons who are under 21 years of age and would
24    qualify as disabled as defined under the Federal
25    Supplemental Security Income Program, provided medical
26    service for such persons would be eligible for Federal

 

 

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1    Financial Participation, and provided the Illinois
2    Department determines that:
3            (a) the person requires a level of care provided by
4        a hospital, skilled nursing facility, or intermediate
5        care facility, as determined by a physician licensed to
6        practice medicine in all its branches;
7            (b) it is appropriate to provide such care outside
8        of an institution, as determined by a physician
9        licensed to practice medicine in all its branches;
10            (c) the estimated amount which would be expended
11        for care outside the institution is not greater than
12        the estimated amount which would be expended in an
13        institution.
14        8. Persons who become ineligible for basic maintenance
15    assistance under Article IV of this Code in programs
16    administered by the Illinois Department due to employment
17    earnings and persons in assistance units comprised of
18    adults and children who become ineligible for basic
19    maintenance assistance under Article VI of this Code due to
20    employment earnings. The plan for coverage for this class
21    of persons shall:
22            (a) extend the medical assistance coverage for up
23        to 12 months following termination of basic
24        maintenance assistance; and
25            (b) offer persons who have initially received 6
26        months of the coverage provided in paragraph (a) above,

 

 

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1        the option of receiving an additional 6 months of
2        coverage, subject to the following:
3                (i) such coverage shall be pursuant to
4            provisions of the federal Social Security Act;
5                (ii) such coverage shall include all services
6            covered while the person was eligible for basic
7            maintenance assistance;
8                (iii) no premium shall be charged for such
9            coverage; and
10                (iv) such coverage shall be suspended in the
11            event of a person's failure without good cause to
12            file in a timely fashion reports required for this
13            coverage under the Social Security Act and
14            coverage shall be reinstated upon the filing of
15            such reports if the person remains otherwise
16            eligible.
17        9. Persons with acquired immunodeficiency syndrome
18    (AIDS) or with AIDS-related conditions with respect to whom
19    there has been a determination that but for home or
20    community-based services such individuals would require
21    the level of care provided in an inpatient hospital,
22    skilled nursing facility or intermediate care facility the
23    cost of which is reimbursed under this Article. Assistance
24    shall be provided to such persons to the maximum extent
25    permitted under Title XIX of the Federal Social Security
26    Act.

 

 

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1        10. Participants in the long-term care insurance
2    partnership program established under the Illinois
3    Long-Term Care Partnership Program Act who meet the
4    qualifications for protection of resources described in
5    Section 15 of that Act.
6        11. Persons with disabilities who are employed and
7    eligible for Medicaid, pursuant to Section
8    1902(a)(10)(A)(ii)(xv) of the Social Security Act, and,
9    subject to federal approval, persons with a medically
10    improved disability who are employed and eligible for
11    Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of
12    the Social Security Act, as provided by the Illinois
13    Department by rule. In establishing eligibility standards
14    under this paragraph 11, the Department shall, subject to
15    federal approval:
16            (a) set the income eligibility standard at not
17        lower than 350% of the federal poverty level;
18            (b) exempt retirement accounts that the person
19        cannot access without penalty before the age of 59 1/2,
20        and medical savings accounts established pursuant to
21        26 U.S.C. 220;
22            (c) allow non-exempt assets up to $25,000 as to
23        those assets accumulated during periods of eligibility
24        under this paragraph 11; and
25            (d) continue to apply subparagraphs (b) and (c) in
26        determining the eligibility of the person under this

 

 

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1        Article even if the person loses eligibility under this
2        paragraph 11.
3        12. Subject to federal approval, persons who are
4    eligible for medical assistance coverage under applicable
5    provisions of the federal Social Security Act and the
6    federal Breast and Cervical Cancer Prevention and
7    Treatment Act of 2000. Those eligible persons are defined
8    to include, but not be limited to, the following persons:
9            (1) persons who have been screened for breast or
10        cervical cancer under the U.S. Centers for Disease
11        Control and Prevention Breast and Cervical Cancer
12        Program established under Title XV of the federal
13        Public Health Services Act in accordance with the
14        requirements of Section 1504 of that Act as
15        administered by the Illinois Department of Public
16        Health; and
17            (2) persons whose screenings under the above
18        program were funded in whole or in part by funds
19        appropriated to the Illinois Department of Public
20        Health for breast or cervical cancer screening.
21        "Medical assistance" under this paragraph 12 shall be
22    identical to the benefits provided under the State's
23    approved plan under Title XIX of the Social Security Act.
24    The Department must request federal approval of the
25    coverage under this paragraph 12 within 30 days after the
26    effective date of this amendatory Act of the 92nd General

 

 

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1    Assembly.
2        In addition to the persons who are eligible for medical
3    assistance pursuant to subparagraphs (1) and (2) of this
4    paragraph 12, and to be paid from funds appropriated to the
5    Department for its medical programs, any uninsured person
6    as defined by the Department in rules residing in Illinois
7    who is younger than 65 years of age, who has been screened
8    for breast and cervical cancer in accordance with standards
9    and procedures adopted by the Department of Public Health
10    for screening, and who is referred to the Department by the
11    Department of Public Health as being in need of treatment
12    for breast or cervical cancer is eligible for medical
13    assistance benefits that are consistent with the benefits
14    provided to those persons described in subparagraphs (1)
15    and (2). Medical assistance coverage for the persons who
16    are eligible under the preceding sentence is not dependent
17    on federal approval, but federal moneys may be used to pay
18    for services provided under that coverage upon federal
19    approval.
20        13. Subject to appropriation and to federal approval,
21    persons living with HIV/AIDS who are not otherwise eligible
22    under this Article and who qualify for services covered
23    under Section 5-5.04 as provided by the Illinois Department
24    by rule.
25        14. Subject to the availability of funds for this
26    purpose, the Department may provide coverage under this

 

 

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1    Article to persons who reside in Illinois who are not
2    eligible under any of the preceding paragraphs and who meet
3    the income guidelines of paragraph 2(a) of this Section and
4    (i) have an application for asylum pending before the
5    federal Department of Homeland Security or on appeal before
6    a court of competent jurisdiction and are represented
7    either by counsel or by an advocate accredited by the
8    federal Department of Homeland Security and employed by a
9    not-for-profit organization in regard to that application
10    or appeal, or (ii) are receiving services through a
11    federally funded torture treatment center. Medical
12    coverage under this paragraph 14 may be provided for up to
13    24 continuous months from the initial eligibility date so
14    long as an individual continues to satisfy the criteria of
15    this paragraph 14. If an individual has an appeal pending
16    regarding an application for asylum before the Department
17    of Homeland Security, eligibility under this paragraph 14
18    may be extended until a final decision is rendered on the
19    appeal. The Department may adopt rules governing the
20    implementation of this paragraph 14.
21        15. Family Care Eligibility.
22            (a) A caretaker relative who is 19 years of age or
23        older when countable income is at or below 185% of the
24        Federal Poverty Level Guidelines, as published
25        annually in the Federal Register, for the appropriate
26        family size. A person may not spend down to become

 

 

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1        eligible under this paragraph 15.
2            (b) Eligibility shall be reviewed annually.
3            (c) Caretaker relatives enrolled under this
4        paragraph 15 in families with countable income above
5        150% and at or below 185% of the Federal Poverty Level
6        Guidelines shall be counted as family members and pay
7        premiums as established under the Children's Health
8        Insurance Program Act.
9            (d) Premiums shall be billed by and payable to the
10        Department or its authorized agent, on a monthly basis.
11            (e) The premium due date is the last day of the
12        month preceding the month of coverage.
13            (f) Individuals shall have a grace period through
14        30 days of coverage to pay the premium.
15            (g) Failure to pay the full monthly premium by the
16        last day of the grace period shall result in
17        termination of coverage.
18            (h) Partial premium payments shall not be
19        refunded.
20            (i) Following termination of an individual's
21        coverage under this paragraph 15, the following action
22        is required before the individual can be re-enrolled:
23                (1) A new application must be completed and the
24            individual must be determined otherwise eligible.
25                (2) There must be full payment of premiums due
26            under this Code, the Children's Health Insurance

 

 

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1            Program Act, the Covering ALL KIDS Health
2            Insurance Act, or any other healthcare program
3            administered by the Department for periods in
4            which a premium was owed and not paid for the
5            individual.
6                (3) The first month's premium must be paid if
7            there was an unpaid premium on the date the
8            individual's previous coverage was canceled.
9        The Department is authorized to implement the
10    provisions of this amendatory Act of the 95th General
11    Assembly by adopting the medical assistance rules in effect
12    as of October 1, 2007, at 89 Ill. Admin. Code 125, and at
13    89 Ill. Admin. Code 120.32 along with only those changes
14    necessary to conform to federal Medicaid requirements,
15    federal laws, and federal regulations, including but not
16    limited to Section 1931 of the Social Security Act (42
17    U.S.C. Sec. 1396u-1), as interpreted by the U.S. Department
18    of Health and Human Services, and the countable income
19    eligibility standard authorized by this paragraph 15. The
20    Department may not otherwise adopt any rule to implement
21    this increase except as authorized by law, to meet the
22    eligibility standards authorized by the federal government
23    in the Medicaid State Plan or the Title XXI Plan, or to
24    meet an order from the federal government or any court.
25        16. Subject to appropriation, uninsured persons who
26    are not otherwise eligible under this Section who have been

 

 

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1    certified and referred by the Department of Public Health
2    as having been screened and found to need diagnostic
3    evaluation or treatment, or both diagnostic evaluation and
4    treatment, for prostate or testicular cancer. For the
5    purposes of this paragraph 16, uninsured persons are those
6    who do not have creditable coverage, as defined under the
7    Health Insurance Portability and Accountability Act, or
8    have otherwise exhausted any insurance benefits they may
9    have had, for prostate or testicular cancer diagnostic
10    evaluation or treatment, or both diagnostic evaluation and
11    treatment. To be eligible, a person must furnish a Social
12    Security number. A person's assets are exempt from
13    consideration in determining eligibility under this
14    paragraph 16. Such persons shall be eligible for medical
15    assistance under this paragraph 16 for so long as they need
16    treatment for the cancer. A person shall be considered to
17    need treatment if, in the opinion of the person's treating
18    physician, the person requires therapy directed toward
19    cure or palliation of prostate or testicular cancer,
20    including recurrent metastatic cancer that is a known or
21    presumed complication of prostate or testicular cancer and
22    complications resulting from the treatment modalities
23    themselves. Persons who require only routine monitoring
24    services are not considered to need treatment. "Medical
25    assistance" under this paragraph 16 shall be identical to
26    the benefits provided under the State's approved plan under

 

 

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1    Title XIX of the Social Security Act. Notwithstanding any
2    other provision of law, the Department (i) does not have a
3    claim against the estate of a deceased recipient of
4    services under this paragraph 16 and (ii) does not have a
5    lien against any homestead property or other legal or
6    equitable real property interest owned by a recipient of
7    services under this paragraph 16.
8        17. Subject to appropriation, uninsured persons who
9    are not otherwise eligible under this Section who: (i) have
10    been wrongfully imprisoned by the State of Illinois, as
11    defined in Section 3-1-2 of the Unified Code of
12    Corrections, or received a pardon from the Governor stating
13    that such pardon was issued on the ground of innocence of
14    the crime for which he or she was imprisoned; and (ii) have
15    been released from prison. The Department shall promulgate
16    specific rules governing eligibility and coverage of this
17    class of persons.
18    In implementing the provisions of Public Act 96-20, the
19Department is authorized to adopt only those rules necessary,
20including emergency rules. Nothing in Public Act 96-20 permits
21the Department to adopt rules or issue a decision that expands
22eligibility for the FamilyCare Program to a person whose income
23exceeds 185% of the Federal Poverty Level as determined from
24time to time by the U.S. Department of Health and Human
25Services, unless the Department is provided with express
26statutory authority.

 

 

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1    The Illinois Department and the Governor shall provide a
2plan for coverage of the persons eligible under paragraph 7 as
3soon as possible after July 1, 1984.
4    The eligibility of any such person for medical assistance
5under this Article is not affected by the payment of any grant
6under the Senior Citizens and Disabled Persons Property Tax
7Relief and Pharmaceutical Assistance Act or any distributions
8or items of income described under subparagraph (X) of
9paragraph (2) of subsection (a) of Section 203 of the Illinois
10Income Tax Act. The Department shall by rule establish the
11amounts of assets to be disregarded in determining eligibility
12for medical assistance, which shall at a minimum equal the
13amounts to be disregarded under the Federal Supplemental
14Security Income Program. The amount of assets of a single
15person to be disregarded shall not be less than $2,000, and the
16amount of assets of a married couple to be disregarded shall
17not be less than $3,000.
18    To the extent permitted under federal law, any person found
19guilty of a second violation of Article VIIIA shall be
20ineligible for medical assistance under this Article, as
21provided in Section 8A-8.
22    The eligibility of any person for medical assistance under
23this Article shall not be affected by the receipt by the person
24of donations or benefits from fundraisers held for the person
25in cases of serious illness, as long as neither the person nor
26members of the person's family have actual control over the

 

 

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1donations or benefits or the disbursement of the donations or
2benefits.
3(Source: P.A. 95-546, eff. 8-29-07; 95-1055, eff. 4-10-09;
496-20, eff. 6-30-09; 96-181, eff. 8-10-09; 96-328, eff.
58-11-09; 96-567, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1123,
6eff. 1-1-11; 96-1270, eff. 7-26-10; revised 9-16-10.)
 
7    Section 20. The Unified Code of Corrections is amended by
8changing Sections 3-1-2 and 3-14-1 as follows:
 
9    (730 ILCS 5/3-1-2)  (from Ch. 38, par. 1003-1-2)
10    Sec. 3-1-2. Definitions.
11    (a) "Chief Administrative Officer" means the person
12designated by the Director to exercise the powers and duties of
13the Department of Corrections in regard to committed persons
14within a correctional institution or facility, and includes the
15superintendent of any juvenile institution or facility.
16    (a-5) "Sex offense" for the purposes of paragraph (16) of
17subsection (a) of Section 3-3-7, paragraph (10) of subsection
18(a) of Section 5-6-3, and paragraph (18) of subsection (c) of
19Section 5-6-3.1 only means:
20        (i) A violation of any of the following Sections of the
21    Criminal Code of 1961: 10-7 (aiding or abetting child
22    abduction under Section 10-5(b)(10)), 10-5(b)(10) (child
23    luring), 11-6 (indecent solicitation of a child), 11-6.5
24    (indecent solicitation of an adult), 11-15.1 (soliciting

 

 

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1    for a juvenile prostitute), 11-17.1 (keeping a place of
2    juvenile prostitution), 11-18.1 (patronizing a juvenile
3    prostitute), 11-19.1 (juvenile pimping), 11-19.2
4    (exploitation of a child), 11-20.1 (child pornography),
5    12-14.1 (predatory criminal sexual assault of a child), or
6    12-33 (ritualized abuse of a child). An attempt to commit
7    any of these offenses.
8        (ii) A violation of any of the following Sections of
9    the Criminal Code of 1961: 12-13 (criminal sexual assault),
10    12-14 (aggravated criminal sexual assault), 12-16
11    (aggravated criminal sexual abuse), and subsection (a) of
12    Section 12-15 (criminal sexual abuse). An attempt to commit
13    any of these offenses.
14        (iii) A violation of any of the following Sections of
15    the Criminal Code of 1961 when the defendant is not a
16    parent of the victim:
17            10-1 (kidnapping),
18            10-2 (aggravated kidnapping),
19            10-3 (unlawful restraint),
20            10-3.1 (aggravated unlawful restraint).
21            An attempt to commit any of these offenses.
22        (iv) A violation of any former law of this State
23    substantially equivalent to any offense listed in this
24    subsection (a-5).
25    An offense violating federal law or the law of another
26state that is substantially equivalent to any offense listed in

 

 

09600SB0389ham001- 20 -LRB096 06420 RLC 44015 a

1this subsection (a-5) shall constitute a sex offense for the
2purpose of this subsection (a-5). A finding or adjudication as
3a sexually dangerous person under any federal law or law of
4another state that is substantially equivalent to the Sexually
5Dangerous Persons Act shall constitute an adjudication for a
6sex offense for the purposes of this subsection (a-5).
7    (b) "Commitment" means a judicially determined placement
8in the custody of the Department of Corrections on the basis of
9delinquency or conviction.
10    (c) "Committed Person" is a person committed to the
11Department, however a committed person shall not be considered
12to be an employee of the Department of Corrections for any
13purpose, including eligibility for a pension, benefits, or any
14other compensation or rights or privileges which may be
15provided to employees of the Department.
16    (c-5) "Computer scrub software" means any third-party
17added software, designed to delete information from the
18computer unit, the hard drive, or other software, which would
19eliminate and prevent discovery of browser activity, including
20but not limited to Internet history, address bar or bars, cache
21or caches, and/or cookies, and which would over-write files in
22a way so as to make previous computer activity, including but
23not limited to website access, more difficult to discover.
24    (d) "Correctional Institution or Facility" means any
25building or part of a building where committed persons are kept
26in a secured manner.

 

 

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1    (e) In the case of functions performed before the effective
2date of this amendatory Act of the 94th General Assembly,
3"Department" means the Department of Corrections of this State.
4In the case of functions performed on or after the effective
5date of this amendatory Act of the 94th General Assembly,
6"Department" has the meaning ascribed to it in subsection
7(f-5).
8    (f) In the case of functions performed before the effective
9date of this amendatory Act of the 94th General Assembly,
10"Director" means the Director of the Department of Corrections.
11In the case of functions performed on or after the effective
12date of this amendatory Act of the 94th General Assembly,
13"Director" has the meaning ascribed to it in subsection (f-5).
14    (f-5) In the case of functions performed on or after the
15effective date of this amendatory Act of the 94th General
16Assembly, references to "Department" or "Director" refer to
17either the Department of Corrections or the Director of
18Corrections or to the Department of Juvenile Justice or the
19Director of Juvenile Justice unless the context is specific to
20the Department of Juvenile Justice or the Director of Juvenile
21Justice.
22    (g) "Discharge" means the final termination of a commitment
23to the Department of Corrections.
24    (h) "Discipline" means the rules and regulations for the
25maintenance of order and the protection of persons and property
26within the institutions and facilities of the Department and

 

 

09600SB0389ham001- 22 -LRB096 06420 RLC 44015 a

1their enforcement.
2    (i) "Escape" means the intentional and unauthorized
3absence of a committed person from the custody of the
4Department.
5    (j) "Furlough" means an authorized leave of absence from
6the Department of Corrections for a designated purpose and
7period of time.
8    (k) "Parole" means the conditional and revocable release of
9a committed person under the supervision of a parole officer.
10    (l) "Prisoner Review Board" means the Board established in
11Section 3-3-1(a), independent of the Department, to review
12rules and regulations with respect to good time credits, to
13hear charges brought by the Department against certain
14prisoners alleged to have violated Department rules with
15respect to good time credits, to set release dates for certain
16prisoners sentenced under the law in effect prior to the
17effective date of this Amendatory Act of 1977, to hear requests
18and make recommendations to the Governor with respect to
19pardon, reprieve or commutation, to set conditions for parole
20and mandatory supervised release and determine whether
21violations of those conditions justify revocation of parole or
22release, and to assume all other functions previously exercised
23by the Illinois Parole and Pardon Board.
24    (m) Whenever medical treatment, service, counseling, or
25care is referred to in this Unified Code of Corrections, such
26term may be construed by the Department or Court, within its

 

 

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1discretion, to include treatment, service or counseling by a
2Christian Science practitioner or nursing care appropriate
3therewith whenever request therefor is made by a person subject
4to the provisions of this Act.
5    (n) "Victim" shall have the meaning ascribed to it in
6subsection (a) of Section 3 of the Bill of Rights for Victims
7and Witnesses of Violent Crime Act.
8    (o) "Wrongfully imprisoned person" means a person:
9            (1) who was convicted of one or more felonies by
10        the State of Illinois and subsequently sentenced to a
11        term of imprisonment, and has served all or any part of
12        the sentence;
13            (2)(A) whose judgment of conviction was reversed
14        or vacated, and the indictment or information
15        dismissed or, if a new trial was ordered, either the
16        person was found not guilty at the new trial or the
17        person was not retried and the indictment or
18        information dismissed; or (B) whose indictment or
19        information was based on a statute, or application
20        thereof, which violated the Constitution of the United
21        States or the State of Illinois;
22            (3) who is innocent of the offenses charged in the
23        indictment or information or his or her acts or
24        omissions charged in the indictment or information did
25        not constitute a felony or misdemeanor against the
26        State; and

 

 

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1            (4) who did not by his or her own conduct
2        voluntarily cause or bring about his or her conviction.
3(Source: P.A. 96-362, eff. 1-1-10; 96-710, eff. 1-1-10;
496-1000, eff. 7-2-10.)
 
5    (730 ILCS 5/3-14-1)  (from Ch. 38, par. 1003-14-1)
6    Sec. 3-14-1. Release from the Institution.
7    (a) Upon release of a person on parole, mandatory release,
8final discharge or pardon the Department shall return all
9property held for him, provide him with suitable clothing and
10procure necessary transportation for him to his designated
11place of residence and employment. It may provide such person
12with a grant of money for travel and expenses which may be paid
13in installments. The amount of the money grant shall be
14determined by the Department.
15    (a-1) The Department shall, before a wrongfully imprisoned
16person, as defined in Section 3-1-2 of this Code, is discharged
17from the Department, provide him or her with any documents
18necessary after discharge, including an identification card
19under subsection (e) of this Section.
20    (a-2) The Department of Corrections 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, paroled, and discharged prisoners.
25The moneys paid into such revolving funds shall be from

 

 

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

 

 

09600SB0389ham001- 26 -LRB096 06420 RLC 44015 a

1notification shall, when possible, be given at least 14 days
2before release of the person from custody, or as soon
3thereafter as possible.
4    (c-1) (Blank).
5    (c-5) If a person on parole or mandatory supervised release
6becomes a resident of a facility licensed or regulated by the
7Department of Public Health, the Illinois Department of Public
8Aid, or the Illinois Department of Human Services, the
9Department of Corrections shall provide copies of the following
10information to the appropriate licensing or regulating
11Department and the licensed or regulated facility where the
12person becomes a resident:
13        (1) The mittimus and any pre-sentence investigation
14    reports.
15        (2) The social evaluation prepared pursuant to Section
16    3-8-2.
17        (3) Any pre-release evaluation conducted pursuant to
18    subsection (j) of Section 3-6-2.
19        (4) Reports of disciplinary infractions and
20    dispositions.
21        (5) Any parole plan, including orders issued by the
22    Prisoner Review Board, and any violation reports and
23    dispositions.
24        (6) The name and contact information for the assigned
25    parole agent and parole supervisor.
26    This information shall be provided within 3 days of the

 

 

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1person becoming a resident of the facility.
2    (c-10) If a person on parole or mandatory supervised
3release becomes a resident of a facility licensed or regulated
4by the Department of Public Health, the Illinois Department of
5Public Aid, or the Illinois Department of Human Services, the
6Department of Corrections shall provide written notification
7of such residence to the following:
8        (1) The Prisoner Review Board.
9        (2) The chief of police and sheriff in the municipality
10    and county in which the licensed facility is located.
11    The notification shall be provided within 3 days of the
12person becoming a resident of the facility.
13    (d) Upon the release of a committed person on parole,
14mandatory supervised release, final discharge or pardon, the
15Department shall provide such person with information
16concerning programs and services of the Illinois Department of
17Public Health to ascertain whether such person has been exposed
18to the human immunodeficiency virus (HIV) or any identified
19causative agent of Acquired Immunodeficiency Syndrome (AIDS).
20    (e) Upon the release of a committed person on parole,
21mandatory supervised release, final discharge, or pardon, or
22who has been wrongfully imprisoned, the Department shall
23provide the person who has met the criteria established by the
24Department with an identification card identifying the person
25as being on parole, mandatory supervised release, final
26discharge, or pardon, or wrongfully imprisoned, as the case may

 

 

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

 

 

09600SB0389ham001- 29 -LRB096 06420 RLC 44015 a

1parole, mandatory supervised release, final discharge, or
2pardon.
3(Source: P.A. 94-163, eff. 7-11-05.)
 
4    Section 25. The Code of Civil Procedure is amended by
5changing Section 2-702 as follows:
 
6    (735 ILCS 5/2-702)
7    Sec. 2-702. Petition for a certificate of innocence that
8the petitioner was innocent of all offenses for which he or she
9was incarcerated.
10    (a) The General Assembly finds and declares that innocent
11persons who have been wrongly convicted of crimes in Illinois
12and subsequently imprisoned have been frustrated in seeking
13legal redress due to a variety of substantive and technical
14obstacles in the law and that such persons should have an
15available avenue to obtain a finding of innocence so that they
16may obtain relief through a petition in the Court of Claims.
17The General Assembly further finds misleading the current legal
18nomenclature which compels an innocent person to seek a pardon
19for being wrongfully incarcerated. It is the intent of the
20General Assembly that the court, in exercising its discretion
21as permitted by law regarding the weight and admissibility of
22evidence submitted pursuant to this Section, shall, in the
23interest of justice, give due consideration to difficulties of
24proof caused by the passage of time, the death or

 

 

09600SB0389ham001- 30 -LRB096 06420 RLC 44015 a

1unavailability of witnesses, the destruction of evidence or
2other factors not caused by such persons or those acting on
3their behalf.
4    (b) Any person convicted and subsequently imprisoned for
5one or more felonies by the State of Illinois which he or she
6did not commit may, under the conditions hereinafter provided,
7file a petition for certificate of innocence in the circuit
8court of the county in which the person was convicted. The
9petition shall request a certificate of innocence finding that
10the petitioner was innocent of all offenses for which he or she
11was incarcerated.
12    (c) In order to present the claim for certificate of
13innocence of an unjust conviction and imprisonment, the
14petitioner must attach to his or her petition documentation
15demonstrating that:
16        (1) he or she has been convicted of one or more
17    felonies by the State of Illinois and subsequently
18    sentenced to a term of imprisonment, and has served all or
19    any part of the sentence; and
20        (2) his or her judgment of conviction was reversed or
21    vacated, and the indictment or information dismissed or, if
22    a new trial was ordered, either he or she was found not
23    guilty at the new trial or he or she was not retried and
24    the indictment or information dismissed; or the statute, or
25    application thereof, on which the indictment or
26    information was based violated the Constitution of the

 

 

09600SB0389ham001- 31 -LRB096 06420 RLC 44015 a

1    United States or the State of Illinois; and
2        (3) his or her claim is not time barred by the
3    provisions of subsection (i) of this Section.
4    (d) The petition shall state facts in sufficient detail to
5permit the court to find that the petitioner is likely to
6succeed at trial in proving that the petitioner is innocent of
7the offenses charged in the indictment or information or his or
8her acts or omissions charged in the indictment or information
9did not constitute a felony or misdemeanor against the State of
10Illinois, and the petitioner did not by his or her own conduct
11voluntarily cause or bring about his or her conviction. The
12petition shall be verified by the petitioner.
13    (e) A copy of the petition shall be served on the Attorney
14General and the State's Attorney of the county where the
15conviction was had. The Attorney General and the State's
16Attorney of the county where the conviction was had shall have
17the right to intervene as parties.
18    (f) In any hearing seeking a certificate of innocence, the
19court may take judicial notice of prior sworn testimony or
20evidence admitted in the criminal proceedings related to the
21convictions which resulted in the alleged wrongful
22incarceration, if the petitioner was either represented by
23counsel at such prior proceedings or the right to counsel was
24knowingly waived.
25    (g) In order to obtain a certificate of innocence the
26petitioner must prove by a preponderance of evidence that:

 

 

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1        (1) the petitioner was convicted of one or more
2    felonies by the State of Illinois and subsequently
3    sentenced to a term of imprisonment, and has served all or
4    any part of the sentence;
5        (2)(A) the judgment of conviction was reversed or
6    vacated, and the indictment or information dismissed or, if
7    a new trial was ordered, either the petitioner was found
8    not guilty at the new trial or the petitioner was not
9    retried and the indictment or information dismissed; or (B)
10    the statute, or application thereof, on which the
11    indictment or information was based violated the
12    Constitution of the United States or the State of Illinois;
13        (3) the petitioner is innocent of the offenses charged
14    in the indictment or information or his or her acts or
15    omissions charged in the indictment or information did not
16    constitute a felony or misdemeanor against the State; and
17        (4) the petitioner did not by his or her own conduct
18    voluntarily cause or bring about his or her conviction.
19    (h) If the court finds that the petitioner is entitled to a
20judgment, it shall enter a certificate of innocence finding
21that the petitioner was innocent of all offenses for which he
22or she was incarcerated. Upon entry of the certificate of
23innocence or pardon from the Governor stating that such pardon
24was issued on the ground of innocence of the crime for which he
25or she was imprisoned, (1) the clerk of the court shall
26transmit a copy of the certificate of innocence to the clerk of

 

 

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1the Court of Claims, together with the claimant's current
2address; and (2) the court shall enter an order expunging or
3sealing the record of arrest from the official records of the
4arresting authority and order that the records of the clerk of
5the circuit court and Department of State Police be sealed
6until further order of the court upon good cause shown or as
7otherwise provided herein, and the name of the defendant
8obliterated from the official index requested to be kept by the
9circuit court clerk under Section 16 of the Clerks of Courts
10Act in connection with the arrest and conviction for the
11offense but the order shall not affect any index issued by the
12circuit court clerk before the entry of the order.
13    (i) Any person seeking a certificate of innocence under
14this Section based on the dismissal of an indictment or
15information or acquittal that occurred before the effective
16date of this amendatory Act of the 95th General Assembly shall
17file his or her petition within 2 years after the effective
18date of this amendatory Act of the 95th General Assembly. Any
19person seeking a certificate of innocence under this Section
20based on the dismissal of an indictment or information or
21acquittal that occurred on or after the effective date of this
22amendatory Act of the 95th General Assembly shall file his or
23her petition within 2 years after the dismissal.
24    (j) The decision to grant or deny a certificate of
25innocence shall be binding only with respect to claims filed in
26the Court of Claims and shall not have a res judicata effect on

 

 

09600SB0389ham001- 34 -LRB096 06420 RLC 44015 a

1any other proceedings.
2(Source: P.A. 95-970, eff. 9-22-08.)
 
3    Section 99. Effective date. This Act takes effect July 1,
42011.".