101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3045

 

Introduced , by Rep. Emanuel Chris Welch

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/19-2.3 new
10 ILCS 5/19A-20
55 ILCS 5/3-15003.3 new
55 ILCS 5/3-15003.4 new
730 ILCS 5/3-2-2.3 new
730 ILCS 5/3-14-1  from Ch. 38, par. 1003-14-1

    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. Provides that a refusal by an eligible voter to participate in the voting process must be documented by the voter or witnessed by a pollwatcher. Provides that individuals who facilitate a vote by mail process must receive training on the process, responsibilities, and requirements of implementing a vote by mail program. Contains additional provisions concerning the temporary branch polling place in the county jail. Prohibits certain individuals from from being election judges in a temporary branch polling place in a 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.


LRB101 11138 SMS 56367 b

 

 

A BILL FOR

 

HB3045LRB101 11138 SMS 56367 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by adding Sections
519-2.3 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
8in a county with a population under 3,000,000 shall collaborate
9with the primary county jail where eligible voters are confined
10or detained who are within the jurisdiction of the election
11authority to facilitate an opportunity for voting by mail for
12voters eligible to vote in the election jurisdiction who are
13confined or detained in the county jail. Refusal by an eligible
14voter to participate in the voting process must be documented
15by the voter. Individuals who facilitate a vote by mail process
16under this Section must receive training on the process,
17responsibilities, and requirements of implementing a vote by
18mail program.
 
19    (10 ILCS 5/19A-20)
20    Sec. 19A-20. Temporary branch polling places.
21    (a) In addition to permanent polling places for early
22voting, the election authority may establish temporary branch

 

 

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1polling places for early voting.
2    (b) The provisions of subsection (b) of Section 19A-15 do
3not apply to a temporary polling place. Voting at a temporary
4branch polling place may be conducted on any one or more days
5and during any hours within the period for early voting by
6personal appearance that are determined by the election
7authority.
8    (c) The schedules for conducting voting do not need to be
9uniform among the temporary branch polling places.
10    (d) The legal rights and remedies which inure to the owner
11or lessor of private property are not impaired or otherwise
12affected by the leasing of the property for use as a temporary
13branch polling place for early voting, except to the extent
14necessary to conduct early voting at that location.
15    (e) In a county with a population of 3,000,000 or more, the
16election authority in the county shall establish a temporary
17branch polling place under this Section in the county jail.
18Only a resident of a county who is in custody at the county
19jail and who has not been convicted of the offense for which
20the resident is in custody is eligible to vote at a temporary
21branch polling place established under this subsection. The
22temporary branch polling place established under this
23subsection shall allow a voter to vote in the same elections
24that the voter would be entitled to vote in where the voter
25resides. To the maximum extent feasible, voting booths or
26screens shall be provided to ensure the privacy of the voter.

 

 

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1Refusal by an eligible voter to participate in the voting
2process must be documented by the voter or witnessed by a
3pollwatcher. Individuals who facilitate a vote by mail process
4under this subsection (e) must receive training on the process,
5responsibilities, and requirements of implementing a voting
6program.
7    Under this subsection (e), election judges may not be
8active law enforcement officers, employed by the Department of
9Corrections, or employed by the head sheriff of the facility
10where voting occurs.
11    All provisions of this Code applicable to pollwatchers
12shall apply to a temporary branch polling place under this
13subsection (e), subject to approval from the election authority
14and the county jail, except that nonpartisan pollwatchers shall
15be limited to one per division within the jail instead of one
16per precinct. A county that establishes a temporary branch
17polling place inside a county jail in accordance with this
18subsection (e) shall adhere to all requirements of this
19subsection (e). All requirements of the federal Voting Rights
20Act of 1965 and Sections 203 and 208 of the federal Americans
21with Disabilities Act shall apply to this subsection (e).
22(Source: P.A. 94-645, eff. 8-22-05.)
 
23    Section 10. The Counties Code is amended by adding Sections
243-15003.3 and 3-15003.4 as follows:
 

 

 

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1    (55 ILCS 5/3-15003.3 new)
2    Sec. 3-15003.3. Voter registration; county jails. Upon
3discharge of a person who is eligible to vote from a county
4jail, the county jail shall provide the person with a voter
5registration application. Each election authority shall
6collaborate with the county jail within the jurisdiction of the
7election authority to facilitate voter registration for voters
8eligible to vote in that county who are confined or detained in
9the county jail. A county jail shall provide a voter
10registration application to any person in custody at the jail
11who requests an application and is eligible to vote.
 
12    (55 ILCS 5/3-15003.4 new)
13    Sec. 3-15003.4. Voting rights; county jails; probation
14offices.
15    (a) Each county jail and county probation office shall make
16available current resource materials, maintained by the
17Illinois State Board of Elections, containing detailed
18information regarding the voting rights of a person with a
19criminal conviction in print.
20    (b) The current resource materials described under
21subsection (a) shall be provided:
22        (1) upon discharge of a person from a county jail; and
23        (2) upon intake of a person by a county probation
24    department.
 

 

 

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1    Section 15. The Unified Code of Corrections is amended by
2adding Sections 3-2-2.3 and by changing Section 3-14-1 as
3follows:
 
4    (730 ILCS 5/3-2-2.3 new)
5    Sec. 3-2-2.3. Voting rights information.
6    (a) The Department shall make available to a person in its
7custody current resource materials, maintained by the Illinois
8State Board of Elections, containing detailed information
9regarding the voting rights of a person with a criminal
10conviction in the following formats:
11        (1) in print;
12        (2) on the Department's website; and
13        (3) in a visible location on the premises of each
14    Department facility where notices are customarily posted.
15    (b) The current resource materials described under
16subsection (a) shall be provided upon release of a person on
17parole, mandatory supervised release, final discharge, or
18pardon from the Department.
 
19    (730 ILCS 5/3-14-1)  (from Ch. 38, par. 1003-14-1)
20    Sec. 3-14-1. Release from the institution.
21    (a) Upon release of a person on parole, mandatory release,
22final discharge or pardon the Department shall return all
23property held for him, provide him with suitable clothing and
24procure necessary transportation for him to his designated

 

 

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1place of residence and employment. It may provide such person
2with a grant of money for travel and expenses which may be paid
3in installments. The amount of the money grant shall be
4determined by the Department.
5    (a-1) The Department shall, before a wrongfully imprisoned
6person, as defined in Section 3-1-2 of this Code, is discharged
7from the Department, provide him or her with any documents
8necessary after discharge.
9    (a-2) The Department of Corrections may establish and
10maintain, in any institution it administers, revolving funds to
11be known as "Travel and Allowances Revolving Funds". These
12revolving funds shall be used for advancing travel and expense
13allowances to committed, paroled, and discharged prisoners.
14The moneys paid into such revolving funds shall be from
15appropriations to the Department for Committed, Paroled, and
16Discharged Prisoners.
17    (a-3) Upon release of a person who is eligible to vote on
18parole, mandatory release, final discharge, or pardon, the
19Department shall provide the person with a form that informs
20him or her that his or her voting rights have been restored and
21a voter registration application. The Department shall have
22available voter registration applications in the languages
23provided by the Illinois State Board of Elections. The form
24that informs the person that his or her rights have been
25restored shall include the following information:
26        (1) All voting rights are restored upon release from

 

 

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1    the Department's custody.
2        (2) A person who is eligible to vote must register in
3    order to be able to vote.
4    The Department of Corrections shall confirm that the person
5received the voter registration application and has been
6informed that his or her voting rights have been restored.
7    (b) (Blank).
8    (c) Except as otherwise provided in this Code, the
9Department shall establish procedures to provide written
10notification of any release of any person who has been
11convicted of a felony to the State's Attorney and sheriff of
12the county from which the offender was committed, and the
13State's Attorney and sheriff of the county into which the
14offender is to be paroled or released. Except as otherwise
15provided in this Code, the Department shall establish
16procedures to provide written notification to the proper law
17enforcement agency for any municipality of any release of any
18person who has been convicted of a felony if the arrest of the
19offender or the commission of the offense took place in the
20municipality, if the offender is to be paroled or released into
21the municipality, or if the offender resided in the
22municipality at the time of the commission of the offense. If a
23person convicted of a felony who is in the custody of the
24Department of Corrections or on parole or mandatory supervised
25release informs the Department that he or she has resided,
26resides, or will reside at an address that is a housing

 

 

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

 

 

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

 

 

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1    The notification shall be provided within 3 days of the
2person becoming a resident of the facility.
3    (d) Upon the release of a committed person on parole,
4mandatory supervised release, final discharge or pardon, the
5Department shall provide such person with information
6concerning programs and services of the Illinois Department of
7Public Health to ascertain whether such person has been exposed
8to the human immunodeficiency virus (HIV) or any identified
9causative agent of Acquired Immunodeficiency Syndrome (AIDS).
10    (e) Upon the release of a committed person on parole,
11mandatory supervised release, final discharge, pardon, or who
12has been wrongfully imprisoned, the Department shall verify the
13released person's full name, date of birth, and social security
14number. If verification is made by the Department by obtaining
15a certified copy of the released person's birth certificate and
16the released person's social security card or other documents
17authorized by the Secretary, the Department shall provide the
18birth certificate and social security card or other documents
19authorized by the Secretary to the released person. If
20verification by the Department is done by means other than
21obtaining a certified copy of the released person's birth
22certificate and the released person's social security card or
23other documents authorized by the Secretary, the Department
24shall complete a verification form, prescribed by the Secretary
25of State, and shall provide that verification form to the
26released person.

 

 

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1    (f) Forty-five days prior to the scheduled discharge of a
2person committed to the custody of the Department of
3Corrections, the Department shall give the person who is
4otherwise uninsured an opportunity to apply for health care
5coverage including medical assistance under Article V of the
6Illinois Public Aid Code in accordance with subsection (b) of
7Section 1-8.5 of the Illinois Public Aid Code, and the
8Department of Corrections shall provide assistance with
9completion of the application for health care coverage
10including medical assistance. The Department may adopt rules to
11implement this Section.
12(Source: P.A. 98-267, eff. 1-1-14; 99-415, eff. 8-20-15;
1399-907, eff. 7-1-17.)