Public Act 099-0415
 
HB3270 EnrolledLRB099 09148 KTG 29345 b


  
    AN ACT concerning public aid.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Illinois Public Aid Code is amended  by 
changing Section 1-8.5 as follows:
 
    (305 ILCS 5/1-8.5)
    Sec. 1-8.5. Eligibility for medical assistance during 
periods of incarceration or detention.
    (a) To the extent permitted by federal law and 
notwithstanding any other provision of this Code, the 
Department of Healthcare and Family Services shall not cancel a 
person's eligibility for medical assistance, nor shall the 
Department deny a person's application for medical assistance, 
solely because that person has become or is an inmate of a 
public institution, including, but not limited to, a county 
jail, juvenile detention center, or State correctional 
facility.  The person may be and remain enrolled for medical 
assistance as long as all other eligibility criteria are met.
    (b) The Department may adopt rules to permit a person to 
apply for medical assistance while he or she is an inmate of a 
public institution as described in subsection (a).  The rules 
may limit applications to persons who would be likely to 
qualify for medical assistance if they resided in the 
community. Any such person who is not already enrolled for 
medical assistance may apply for medical assistance prior to 
the date of scheduled release or discharge from a penal 
institution or county jail or similar status.
    (c) Except as provided under Section 17 of the County Jail 
Act, the Department shall not be responsible to provide medical 
assistance under this Code for any medical care, services, or 
supplies provided to a person while he or she is an inmate of a 
public institution as described in subsection (a).  The 
responsibility for providing medical care shall remain as 
otherwise provided by law with the Department of Corrections, 
county, or other arresting authority.  The Department may seek 
federal financial participation, to the extent that it is 
available and with the cooperation of the Department of 
Juvenile Justice, the Department of Corrections, or the 
relevant county, for the costs of those services.
    (d) To the extent permitted under State and federal law, 
the Department shall develop procedures to expedite required 
periodic reviews of continued eligibility for persons 
described in subsection (a).
    (e) Counties, the Department of Juvenile Justice, the 
Department of Human Services, and the Department of Corrections 
shall cooperate with the Department in administering this 
Section.  That cooperation shall include managing eligibility 
processing and sharing information sufficient to inform the 
Department, in a manner established by the Department, that a 
person enrolled in the medical assistance program has been 
detained or incarcerated.
    (f) The Department shall resume responsibility for 
providing medical assistance upon release of the person to the 
community as long as all of the following apply:
        (1) The person is enrolled for medical assistance at 
    the time of release.
        (2) Neither a county, the Department of Juvenile 
    Justice, the Department of Corrections, nor any other 
    criminal justice authority continues to bear 
    responsibility for the person's medical care.
        (3) The county, the Department of Juvenile Justice, or 
    the Department of Corrections provides timely notice of the 
    date of release in a manner established by the Department.
    (g) This Section applies on and after December 31, 2011.

(Source: P.A. 98-139, eff. 1-1-14.)
 
    Section 10. The Unified Code of Corrections is amended  by 
changing Section 3-14-1 as follows:
 



    (730 ILCS 5/3-14-1)  (from Ch. 38, par. 1003-14-1)



    Sec. 3-14-1. Release from the Institution. 

    (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.

    (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

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.

    (b) (Blank).

    (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

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

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

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 
of that information to the public housing agency that
owns, 
manages, operates, or leases the housing facility.  The written

notification shall, when possible, be given at least 14 days 
before release of
the person from custody, or as soon 
thereafter as possible. The written notification shall be 
provided electronically if the State's Attorney, sheriff, 
proper law enforcement agency, or public housing agency has 
provided the Department with an accurate and up to date email 
address. 

    (c-1) (Blank).
    (c-2)  The Department shall establish procedures to provide 
notice to the Department of  State Police of the release or 
discharge of persons convicted of violations of the 
Methamphetamine Control and Community
Protection Act or a 
violation of the Methamphetamine Precursor Control Act.  The 
Department of State Police shall make this information 
available to local, State, or federal law enforcement agencies 
upon request.
    (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 
    parole agent and parole supervisor.

    This information shall be provided within 3 days of the 
person becoming a resident of the facility.

    (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.


    (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

causative agent of Acquired Immunodeficiency Syndrome (AIDS).

    (e) Upon the release of a committed person on parole, 
mandatory supervised
release, final discharge, 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 
as being on parole, mandatory supervised release, final 
discharge,
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

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.

    For purposes of a committed person
receiving an 
identification card issued by the Department under this

subsection, the Department shall establish criteria that the

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

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.

    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.

    (f) Forty-five days prior to the scheduled discharge of a 
person committed to the custody of the Department of 
Corrections, the Department shall give the person who is 
otherwise uninsured an opportunity to apply for health care 
coverage including medical assistance under Article V of the 
Illinois Public Aid Code in accordance with subsection (b) of 
Section 1-8.5 of the Illinois Public Aid Code, and the 
Department of Corrections shall provide assistance with 
completion of the application for health care coverage 
including medical assistance. The Department may adopt rules to 
implement this Section. 
(Source: P.A. 97-560, eff. 1-1-12; 97-813, eff. 7-13-12; 
98-267, eff. 1-1-14.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.