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Public Act 096-1550
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| SB0389 Enrolled | LRB096 06420 RCE 16504 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Department of Human Services (Mental Health |
and Developmental
Disabilities) Law of the Civil |
Administrative Code of Illinois is amended by adding Section |
1710-125 as follows:
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(20 ILCS 1710/1710-125 new) |
Sec. 1710-125. Re-entry services program. The Department |
of Human Services shall establish a re-entry services program |
to assist persons wrongfully imprisoned, as defined in Section |
3-1-2 of the Unified Code of Corrections, in obtaining mental |
health services, including services for post-traumatic stress, |
at an agreed-upon mental health facility at no charge. The |
Department of Human Services shall promulgate rules, no later |
than July 1, 2011, establishing the eligibility of wrongfully |
imprisoned persons for the Department's re-entry services |
program.
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Section 10. The Unified Code of Corrections is amended by |
changing Sections 3-1-2 and 3-14-1 as follows:
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(730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
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Sec. 3-1-2. Definitions. |
(a) "Chief Administrative Officer" means the
person |
designated by the Director to exercise the powers and duties of |
the
Department of Corrections in regard to committed persons |
within
a correctional institution or facility, and includes the
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superintendent of any juvenile institution or facility.
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(a-5) "Sex offense" for the purposes of paragraph (16) of |
subsection (a) of Section 3-3-7, paragraph (10) of subsection |
(a) of Section 5-6-3, and paragraph (18) of subsection (c) of |
Section 5-6-3.1 only means: |
(i) A violation of any of the following Sections of the |
Criminal Code of
1961: 10-7 (aiding or abetting child |
abduction under Section 10-5(b)(10)),
10-5(b)(10) (child |
luring), 11-6 (indecent solicitation of a child), 11-6.5
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(indecent solicitation of an adult),
11-15.1 (soliciting |
for a juvenile
prostitute), 11-17.1 (keeping a place of |
juvenile prostitution), 11-18.1
(patronizing a juvenile |
prostitute), 11-19.1 (juvenile pimping),
11-19.2 |
(exploitation of a child), 11-20.1 (child pornography), |
12-14.1
(predatory criminal sexual assault of a child), or |
12-33 (ritualized abuse of a
child). An attempt to commit |
any of
these offenses. |
(ii) A violation of any of the following Sections of |
the Criminal Code
of 1961: 12-13 (criminal
sexual assault), |
12-14 (aggravated criminal sexual assault), 12-16 |
(aggravated criminal sexual abuse), and subsection (a) of |
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Section 12-15
(criminal sexual abuse). An attempt to commit
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any of these offenses. |
(iii) A violation of any of the following Sections of |
the Criminal Code
of 1961 when the defendant is
not a |
parent of the victim: |
10-1 (kidnapping),
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10-2 (aggravated kidnapping), |
10-3 (unlawful restraint),
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10-3.1 (aggravated unlawful restraint). |
An attempt to commit any of these offenses. |
(iv) A violation of any former law of this State |
substantially
equivalent to any offense listed in this |
subsection (a-5). |
An offense violating federal law or the law of another |
state
that is substantially equivalent to any offense listed in |
this
subsection (a-5) shall constitute a sex offense for the |
purpose of
this subsection (a-5). A finding or adjudication as |
a sexually dangerous person under
any federal law or law of |
another state that is substantially equivalent to the
Sexually |
Dangerous Persons Act shall constitute an adjudication for a |
sex offense for the
purposes of this subsection (a-5).
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(b) "Commitment" means a judicially determined placement
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in the custody of the Department of Corrections on the basis of
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delinquency or conviction.
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(c) "Committed Person" is a person committed to the |
Department,
however a committed person shall not be considered |
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to be an employee of
the Department of Corrections for any |
purpose, including eligibility for
a pension, benefits, or any |
other compensation or rights or privileges which
may be |
provided to employees of the Department.
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(c-5) "Computer scrub software" means any third-party |
added software, designed to delete information from the |
computer unit, the hard drive, or other software, which would |
eliminate and prevent discovery of browser activity, including |
but not limited to Internet history, address bar or bars, cache |
or caches, and/or cookies, and which would over-write files in |
a way so as to make previous computer activity, including but |
not limited to website access, more difficult to discover. |
(d) "Correctional Institution or Facility" means any |
building or
part of a building where committed persons are kept |
in a secured manner.
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(e) In the case of functions performed before the effective |
date of this amendatory Act of the 94th General Assembly, |
"Department" means the Department of Corrections of this State. |
In the case of functions performed on or after the effective |
date of this amendatory Act of the 94th General Assembly, |
"Department" has the meaning ascribed to it in subsection |
(f-5).
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(f) In the case of functions performed before the effective |
date of this amendatory Act of the 94th General Assembly, |
"Director" means the Director of the Department of Corrections. |
In the case of functions performed on or after the effective |
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date of this amendatory Act of the 94th General Assembly, |
"Director" has the meaning ascribed to it in subsection (f-5).
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(f-5) In the case of functions performed on or after the |
effective date of this amendatory Act of the 94th General |
Assembly, references to "Department" or "Director" refer to |
either the Department of Corrections or the Director of |
Corrections or to the Department of Juvenile Justice or the |
Director of Juvenile Justice unless the context is specific to |
the Department of Juvenile Justice or the Director of Juvenile |
Justice.
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(g) "Discharge" means the final termination of a commitment
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to the Department of Corrections.
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(h) "Discipline" means the rules and regulations for the
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maintenance of order and the protection of persons and property
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within the institutions and facilities of the Department and
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their enforcement.
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(i) "Escape" means the intentional and unauthorized |
absence
of a committed person from the custody of the |
Department.
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(j) "Furlough" means an authorized leave of absence from |
the
Department of Corrections for a designated purpose and |
period of time.
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(k) "Parole" means the conditional and revocable release
of |
a committed person under the supervision of a parole officer.
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(l) "Prisoner Review Board" means the Board established in
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Section 3-3-1(a), independent of the Department, to review
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rules and regulations with respect to good time credits, to
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hear charges brought by the Department against certain |
prisoners
alleged to have violated Department rules with |
respect to good
time credits, to set release dates for certain |
prisoners
sentenced under the law in effect prior to the |
effective
date of this Amendatory Act of 1977, to hear requests |
and
make recommendations to the Governor with respect to |
pardon,
reprieve or commutation, to set conditions for parole |
and
mandatory supervised release and determine whether |
violations
of those conditions justify revocation of parole or |
release,
and to assume all other functions previously exercised |
by the
Illinois Parole and Pardon Board.
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(m) Whenever medical treatment, service, counseling, or
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care is referred to in this Unified Code of Corrections,
such |
term may be construed by the Department or Court, within
its |
discretion, to include treatment, service or counseling by
a |
Christian Science practitioner or nursing care appropriate
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therewith whenever request therefor is made by a person subject
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to the provisions of this Act.
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(n) "Victim" shall have the meaning ascribed to it in |
subsection (a) of
Section 3 of the Bill of Rights for Victims |
and Witnesses of Violent Crime Act.
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(o) "Wrongfully imprisoned person" means a person who has |
been discharged from a prison of this State and
has received: |
(1) a pardon from the Governor stating that such pardon |
is issued on the ground of innocence of the crime for which |
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he or she was imprisoned; or |
(2) a certificate of innocence from the Circuit Court |
as provided in Section 2-702 of the Code of Civil |
Procedure. |
(Source: P.A. 96-362, eff. 1-1-10; 96-710, eff. 1-1-10; |
96-1000, eff. 7-2-10.)
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(730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
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Sec. 3-14-1. Release from the Institution.
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(a) Upon release of a person on parole, mandatory release, |
final
discharge or pardon the Department shall return all |
property held for
him, provide him with suitable clothing and |
procure necessary
transportation for him to his designated |
place of residence and
employment. It may provide such person |
with a grant of money for travel and
expenses which may be paid |
in installments. The amount of the money grant
shall be |
determined by the Department.
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(a-1) The Department shall, before a wrongfully imprisoned |
person, as defined in Section 3-1-2 of this Code, is discharged |
from the Department, provide him or her with any documents |
necessary after discharge, including an identification card |
under subsection (e) of this Section. |
(a-2) The Department of Corrections may establish and |
maintain, in any institution
it administers, revolving funds to |
be known as "Travel and Allowances Revolving
Funds". These |
revolving funds shall be used for advancing travel and expense
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allowances to committed, paroled, and discharged prisoners. |
The moneys
paid into such revolving funds shall be from |
appropriations to the Department
for Committed, Paroled, and |
Discharged Prisoners.
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(b) (Blank).
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(c) Except as otherwise provided in this Code, the |
Department shall
establish procedures to provide written |
notification of any release of any
person who has been |
convicted of a felony to the State's Attorney
and sheriff of |
the county from which the offender was committed, and the
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State's Attorney and sheriff of the county into which the |
offender is to be
paroled or released. Except as otherwise |
provided in this Code, the
Department shall establish |
procedures to provide written notification to
the proper law |
enforcement agency for any municipality of any release of any
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person who has been convicted of a felony if the arrest of the |
offender or the
commission of the offense took place in the |
municipality, if the offender is to
be paroled or released into |
the municipality, or if the offender resided in the
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municipality at the time of the commission of the offense. If a |
person
convicted of a felony who is in the custody of the |
Department of Corrections or
on parole or mandatory supervised |
release informs the Department that he or she
has resided, |
resides, or will
reside at an address that is a housing |
facility owned, managed,
operated, or leased by a public |
housing agency, the Department must send
written notification |
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of that information to the public housing agency that
owns, |
manages, operates, or leases the housing facility. The written
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notification shall, when possible, be given at least 14 days |
before release of
the person from custody, or as soon |
thereafter as possible.
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(c-1) (Blank). |
(c-5) If a person on parole or mandatory supervised release |
becomes a resident of a facility licensed or regulated by the |
Department of Public Health, the Illinois Department of Public |
Aid, or the Illinois Department of Human Services, the |
Department of Corrections shall provide copies of the following |
information to the appropriate licensing or regulating |
Department and the licensed or regulated facility where the |
person becomes a resident: |
(1) The mittimus and any pre-sentence investigation |
reports. |
(2) The social evaluation prepared pursuant to Section |
3-8-2. |
(3) Any pre-release evaluation conducted pursuant to |
subsection (j) of Section 3-6-2. |
(4) Reports of disciplinary infractions and |
dispositions. |
(5) Any parole plan, including orders issued by the |
Prisoner Review Board, and any violation reports and |
dispositions. |
(6) The name and contact information for the assigned |
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parole agent and parole supervisor.
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This information shall be provided within 3 days of the |
person becoming a resident of the facility.
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(c-10) If a person on parole or mandatory supervised |
release becomes a resident of a facility licensed or regulated |
by the Department of Public Health, the Illinois Department of |
Public Aid, or the Illinois Department of Human Services, the |
Department of Corrections shall provide written notification |
of such residence to the following: |
(1) The Prisoner Review Board. |
(2) The
chief of police and sheriff in the municipality |
and county in which the licensed facility is located. |
The notification shall be provided within 3 days of the |
person becoming a resident of the facility.
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(d) Upon the release of a committed person on parole, |
mandatory
supervised release, final discharge or pardon, the |
Department shall provide
such person with information |
concerning programs and services of the
Illinois Department of |
Public Health to ascertain whether such person has
been exposed |
to the human immunodeficiency virus (HIV) or any identified
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causative agent of Acquired Immunodeficiency Syndrome (AIDS).
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(e) Upon the release of a committed person on parole, |
mandatory supervised
release, final discharge, or pardon, or |
who has been wrongfully imprisoned, the Department shall |
provide the person
who has met the criteria established by the |
Department with an identification
card identifying the
person |
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as being on parole, mandatory supervised release, final |
discharge, or
pardon, or wrongfully imprisoned, as the case may |
be. The Department, in consultation with the Office of
the |
Secretary of State, shall prescribe the form of the |
identification card,
which may be similar to the form of the |
standard Illinois Identification Card.
The Department shall |
inform the committed person that he or she may present the
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identification card to the Office of the Secretary of State |
upon application
for a standard Illinois Identification Card in |
accordance with the Illinois
Identification Card Act. The |
Department shall require the committed person to
pay a $1 fee |
for the identification card.
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For purposes of a committed person
receiving an |
identification card issued by the Department under this
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subsection, the Department shall establish criteria that the
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committed person must meet before the card is issued.
It is the |
sole responsibility of the
committed person requesting the |
identification card issued by the Department to
meet the |
established criteria.
The person's failure to
meet the criteria |
is sufficient reason to deny the committed person the
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identification card. An identification card issued by the |
Department under
this subsection shall be valid for a period of |
time not to exceed 30 calendar
days from the date the card is |
issued.
The Department shall not be held civilly or
criminally |
liable to anyone because of any act of any person utilizing a |
card
issued by the Department under this subsection.
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The Department shall adopt
rules governing the issuance of |
identification cards to committed persons being
released on |
parole, mandatory supervised release, final
discharge, or |
pardon.
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(Source: P.A. 94-163, eff. 7-11-05.)
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Section 15. The Code of Civil Procedure is amended by |
changing Section 2-702 as follows:
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(735 ILCS 5/2-702)
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Sec. 2-702. Petition for a certificate of innocence that |
the petitioner was innocent of all offenses for which he or she |
was incarcerated. |
(a) The General Assembly finds and declares that innocent |
persons who have been wrongly convicted of crimes in Illinois |
and subsequently imprisoned have been frustrated in seeking |
legal redress due to a variety of substantive and technical |
obstacles in the law and that such persons should have an |
available avenue to obtain a finding of innocence so that they |
may obtain relief through a petition in the Court of Claims. |
The General Assembly further finds misleading the current legal |
nomenclature which compels an innocent person to seek a pardon |
for being wrongfully incarcerated. It is the intent of the |
General Assembly that the court, in exercising its discretion |
as permitted by law regarding the weight and admissibility of |
evidence submitted pursuant to this Section, shall, in the |
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interest of justice, give due consideration to difficulties of |
proof caused by the passage of time, the death or |
unavailability of witnesses, the destruction of evidence or |
other factors not caused by such persons or those acting on |
their behalf. |
(b) Any person convicted and subsequently imprisoned for |
one or more felonies by the State of Illinois which he or she |
did not commit may, under the conditions hereinafter provided, |
file a petition for certificate of innocence in the circuit |
court of the county in which the person was convicted. The |
petition shall request a certificate of innocence finding that |
the petitioner was innocent of all offenses for which he or she |
was incarcerated. |
(c) In order to present the claim for certificate of |
innocence of an unjust conviction and imprisonment, the |
petitioner must attach to his or her petition documentation |
demonstrating that: |
(1) he or she has been convicted of one or more |
felonies by the State of Illinois and subsequently |
sentenced to a term of imprisonment, and has served all or |
any part of the sentence; and |
(2) his or her judgment of conviction was reversed or |
vacated, and the indictment or information dismissed or, if |
a new trial was ordered, either he or she was found not |
guilty at the new trial or he or she was not retried and |
the indictment or information dismissed; or the statute, or |
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application thereof, on which the indictment or |
information was based violated the Constitution of the |
United States or the State of Illinois; and |
(3) his or her claim is not time barred by the |
provisions of subsection (i) of this Section. |
(d) The petition shall state facts in sufficient detail to |
permit the court to find that the petitioner is likely to |
succeed at trial in proving that the petitioner is innocent of |
the offenses charged in the indictment or information or his or |
her acts or omissions charged in the indictment or information |
did not constitute a felony or misdemeanor against the State of |
Illinois, and the petitioner did not by his or her own conduct |
voluntarily cause or bring about his or her conviction. The |
petition shall be verified by the petitioner. |
(e) A copy of the petition shall be served on the Attorney |
General and the State's Attorney of the county where the |
conviction was had. The Attorney General and the State's |
Attorney of the county where the conviction was had shall have |
the right to intervene as parties. |
(f) In any hearing seeking a certificate of innocence, the |
court may take judicial notice of prior sworn testimony or |
evidence admitted in the criminal proceedings related to the |
convictions which resulted in the alleged wrongful |
incarceration, if the petitioner was either represented by |
counsel at such prior proceedings or the right to counsel was |
knowingly waived. |
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(g) In order to obtain a certificate of innocence the |
petitioner must prove by a preponderance of evidence that: |
(1) the petitioner was convicted of one or more |
felonies by the State of Illinois and subsequently |
sentenced to a term of imprisonment, and has served all or |
any part of the sentence; |
(2)(A) the judgment of conviction was reversed or |
vacated, and the indictment or information dismissed or, if |
a new trial was ordered, either the petitioner was found |
not guilty at the new trial or the petitioner was not |
retried and the indictment or information dismissed; or (B) |
the statute, or application thereof, on which the |
indictment or information was based violated the |
Constitution of the United States or the State of Illinois; |
(3) the petitioner is innocent of the offenses charged |
in the indictment or information or his or her acts or |
omissions charged in the indictment or information did not |
constitute a felony or misdemeanor against the State; and |
(4) the petitioner did not by his or her own conduct
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voluntarily cause or bring about his or her conviction. |
(h) If the court finds that the petitioner is entitled to a
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judgment, it shall enter a certificate of innocence finding |
that
the petitioner was innocent of all offenses for which he |
or she was incarcerated. Upon entry of the certificate of |
innocence or pardon from the Governor stating that such pardon |
was issued on the ground of innocence of the crime for which he |
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or she was imprisoned, (1) the clerk of the court shall |
transmit a copy of the certificate of innocence to the clerk of |
the Court of Claims, together with the claimant's current |
address; and (2) the court shall enter an order expunging or |
sealing the record of arrest from the
official records of the
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arresting authority and order that the records of the clerk of |
the circuit
court and Department of
State Police be sealed |
until further order of the court upon good cause shown
or as |
otherwise provided
herein, and the name of the defendant |
obliterated from the official index
requested to be kept by the
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circuit court clerk under Section 16 of the Clerks of Courts |
Act in connection
with the arrest and
conviction for the |
offense but the order shall not affect any index issued by
the |
circuit court clerk before the entry of the order. |
(i) Any person seeking a certificate of innocence under |
this
Section based on the dismissal of an indictment or |
information
or acquittal that occurred before the effective |
date of this
amendatory Act of the 95th General Assembly shall |
file his or
her petition within 2 years after the effective |
date of this
amendatory Act of the 95th General Assembly. Any |
person seeking
a certificate of innocence under this Section |
based on the
dismissal of an indictment or information or |
acquittal that
occurred on or after the effective date of this |
amendatory Act
of the 95th General Assembly shall file his or |
her petition
within 2 years after the dismissal. |
(j) The decision to grant or deny a certificate of |