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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||||||||
5 | Reporting of Deaths in Custody Act. | ||||||||||||||||||||||||||||||
6 | Section 5. Report of deaths of persons in custody in | ||||||||||||||||||||||||||||||
7 | correctional institutions. | ||||||||||||||||||||||||||||||
8 | (a) In this Act, "law enforcement agency" includes each law | ||||||||||||||||||||||||||||||
9 | enforcement
entity within this State having the authority to | ||||||||||||||||||||||||||||||
10 | arrest and detain persons suspected
of, or charged with, | ||||||||||||||||||||||||||||||
11 | committing a criminal offense, and each law enforcement entity
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12 | that operates a lock up, jail, prison, or any other facility | ||||||||||||||||||||||||||||||
13 | used to detain persons
for legitimate law enforcement purposes.
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14 | (b) In any case in which a person dies: | ||||||||||||||||||||||||||||||
15 | (1) while in the custody of: | ||||||||||||||||||||||||||||||
16 | (A) a law enforcement agency; | ||||||||||||||||||||||||||||||
17 | (B) a local or State correctional facility in this | ||||||||||||||||||||||||||||||
18 | State; or | ||||||||||||||||||||||||||||||
19 | (C) a peace officer; or | ||||||||||||||||||||||||||||||
20 | (2) as a result of the peace officer's use of force, | ||||||||||||||||||||||||||||||
21 | the law enforcement
agency shall investigate and report the | ||||||||||||||||||||||||||||||
22 | death in writing to the Attorney General, no later than 30 days
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23 | after the date on which the person in custody or incarcerated |
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1 | died. The written report shall
contain the following | ||||||
2 | information: | ||||||
3 | (1) facts concerning the death that are in the | ||||||
4 | possession of the law enforcement agency
in charge of the | ||||||
5 | investigation and the correctional facility where the | ||||||
6 | death
occurred including, but not limited to, cause and | ||||||
7 | manner of death, race, age, and
gender of the decedent; | ||||||
8 | (2) the jurisdiction, the law enforcement agency | ||||||
9 | providing the
investigation, and the local or State | ||||||
10 | facility where the death occurred; | ||||||
11 | (3) if emergency care was
requested by the law | ||||||
12 | enforcement agency in response to any illness, injury, | ||||||
13 | self-inflicted
or otherwise, or other issue related to | ||||||
14 | rapid deterioration of physical
wellness or human | ||||||
15 | subsistence, and details concerning emergency care that | ||||||
16 | was
provided to the decedent if emergency care was | ||||||
17 | provided. | ||||||
18 | (c) The law enforcement agency and the involved | ||||||
19 | correctional administrators shall make a good faith effort to | ||||||
20 | obtain all relevant facts and circumstances relevant
to the | ||||||
21 | death and include those in the report. | ||||||
22 | (d) The Attorney General shall create a standardized form | ||||||
23 | to be used for the
purpose of collecting information as | ||||||
24 | described in subsection (b). | ||||||
25 | (e) Law enforcement agencies shall use the form described | ||||||
26 | in subsection (d) to report all cases in which a person dies: |
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1 | (1) while in the custody of: | ||||||
2 | (A) a law
enforcement agency; | ||||||
3 | (B) a local or State correctional facility in
this | ||||||
4 | State; or | ||||||
5 | (C) a peace officer; or | ||||||
6 | (2) as a result of the peace
officer's use of force. | ||||||
7 | (f) The Attorney General may determine the manner in which | ||||||
8 | the form is
transmitted from a law enforcement agency to the | ||||||
9 | Attorney General. | ||||||
10 | (g) The reports shall be public records within the meaning | ||||||
11 | of subsection (c) of Section 2 of the Freedom of Information | ||||||
12 | Act and are open to public
inspection, with the exception of | ||||||
13 | any portion of the report that the Attorney General
determines | ||||||
14 | is privileged or protected under Illinois or federal law. | ||||||
15 | (h) The Attorney General shall make available to the public | ||||||
16 | information of all
individual reports relating to deaths in | ||||||
17 | custody through the Attorney General's
website to be updated on | ||||||
18 | a quarterly basis. | ||||||
19 | (i) The Attorney General shall issue a public annual report | ||||||
20 | tabulating and
evaluating trends and information on deaths in | ||||||
21 | custody, including, but not limited
to: | ||||||
22 | (1) information regarding cause and manner of death, | ||||||
23 | race, and the gender of the decedent; | ||||||
24 | (2)
the jurisdiction, law enforcement agency providing | ||||||
25 | the investigation, and local or State
facility where the | ||||||
26 | death occurred; and |
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1 | (3) recommendations and State and local efforts
| ||||||
2 | underway to reduce deaths in custody. | ||||||
3 | The report shall be submitted to the Governor and General | ||||||
4 | Assembly and made available to the public on the Attorney
| ||||||
5 | General's website the first week of February of each year. | ||||||
6 | (j) So that the State may oversee the healthcare provided | ||||||
7 | to any person in the custody of each
law enforcement agency | ||||||
8 | within this State, provision of medical services to these | ||||||
9 | persons,
general care and treatment, and any other factors that | ||||||
10 | may contribute to the death of any of
these persons, the | ||||||
11 | following information shall be made available to the public on | ||||||
12 | the
Attorney General's website: | ||||||
13 | (1) the number of deaths that occurred during the | ||||||
14 | preceding calendar year; | ||||||
15 | (2) the known, or discoverable upon reasonable | ||||||
16 | inquiry, causes and contributing
factors of each of the | ||||||
17 | in-custody deaths as defined in subsection (b); and | ||||||
18 | (3) the law enforcement agency's policies, procedures, | ||||||
19 | and protocols related to: | ||||||
20 | (A) treatment of a person experiencing withdrawal | ||||||
21 | from alcohol or substance
use; | ||||||
22 | (B) the facility's provision, or lack of | ||||||
23 | provision, of medications used to treat,
mitigate, or | ||||||
24 | address a person's symptoms; and | ||||||
25 | (C) notifying an inmate's next of kin after the
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26 | inmate's
in-custody death. |
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1 | (k) The family, next of kin, or any other person reasonably | ||||||
2 | nominated
by the decedent as an emergency contact shall be | ||||||
3 | notified as soon as
possible in a suitable manner giving an | ||||||
4 | accurate factual account of
the cause of death and | ||||||
5 | circumstances surrounding the death in
custody. | ||||||
6 | (l) The law enforcement agency or correctional facility | ||||||
7 | shall name a
staff person to act as dedicated family liaison | ||||||
8 | officer to be a point of
contact for the family, to make and | ||||||
9 | maintain contact with the family,
to report ongoing | ||||||
10 | developments and findings of investigations, and
to provide | ||||||
11 | information and practical support. If requested by the | ||||||
12 | deceased's next of kin, the law enforcement
agency or | ||||||
13 | correctional facility shall arrange for a chaplain, counselor,
| ||||||
14 | or other suitable staff member to meet with the family and | ||||||
15 | discuss
any faith considerations or concerns. The family has a | ||||||
16 | right to the
medical records of a family member who has died in | ||||||
17 | custody and
these records shall be disclosed to them. | ||||||
18 | (m) It is unlawful for a person who is required under this | ||||||
19 | Section to investigate
a death or file a report to fail to | ||||||
20 | include in the report facts known or discovered in the | ||||||
21 | investigation
to the Attorney General. A violation of this | ||||||
22 | Section is a petty offense, with fine not to exceed $500.
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23 | Section 105. The Illinois Identification Card Act is | ||||||
24 | amended by changing Section 4 as follows:
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1 | (15 ILCS 335/4) (from Ch. 124, par. 24)
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2 | Sec. 4. Identification card.
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3 | (a) The Secretary of State shall issue a
standard Illinois | ||||||
4 | Identification Card to any natural person who is a resident
of | ||||||
5 | the State of Illinois who applies for such card, or renewal | ||||||
6 | thereof. No identification card shall be issued to any person | ||||||
7 | who holds a valid
foreign state
identification card, license, | ||||||
8 | or permit unless the person first surrenders to
the Secretary | ||||||
9 | of
State the valid foreign state identification card, license, | ||||||
10 | or permit. The card shall be prepared and
supplied by the | ||||||
11 | Secretary of State and shall include a photograph and signature | ||||||
12 | or mark of the
applicant. However, the Secretary of State may | ||||||
13 | provide by rule for the issuance of Illinois Identification | ||||||
14 | Cards without photographs if the applicant has a bona fide | ||||||
15 | religious objection to being photographed or to the display of | ||||||
16 | his or her photograph. The Illinois Identification Card may be | ||||||
17 | used for
identification purposes in any lawful situation only | ||||||
18 | by the person to
whom it was issued.
As used in this Act, | ||||||
19 | "photograph" means any color photograph or digitally
produced | ||||||
20 | and captured image of an applicant for an identification card. | ||||||
21 | As
used in this Act, "signature" means the name of a person as | ||||||
22 | written by that
person and captured in a manner acceptable to | ||||||
23 | the Secretary of State. | ||||||
24 | (a-5) If an applicant for an identification card has a | ||||||
25 | current driver's license or instruction permit issued by the | ||||||
26 | Secretary of State, the Secretary may require the applicant to |
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1 | utilize the same residence address and name on the | ||||||
2 | identification card, driver's license, and instruction permit | ||||||
3 | records maintained by the Secretary. The Secretary may | ||||||
4 | promulgate rules to implement this provision.
| ||||||
5 | (a-10) If the applicant is a judicial officer as defined in | ||||||
6 | Section 1-10 of the Judicial Privacy Act or a peace officer, | ||||||
7 | the applicant may elect to have his or her office or work | ||||||
8 | address listed on the card instead of the applicant's residence | ||||||
9 | or mailing address. The Secretary may promulgate rules to | ||||||
10 | implement this provision. For the purposes of this subsection | ||||||
11 | (a-10), "peace officer" means any person who by virtue of his | ||||||
12 | or her office or public employment is vested by law with a duty | ||||||
13 | to maintain public order or to make arrests for a violation of | ||||||
14 | any penal statute of this State, whether that duty extends to | ||||||
15 | all violations or is limited to specific violations. | ||||||
16 | (a-15) The Secretary of State may provide for an expedited | ||||||
17 | process for the issuance of an Illinois Identification Card. | ||||||
18 | The Secretary shall charge an additional fee for the expedited | ||||||
19 | issuance of an Illinois Identification Card, to be set by rule, | ||||||
20 | not to exceed $75. All fees collected by the Secretary for | ||||||
21 | expedited Illinois Identification Card service shall be | ||||||
22 | deposited into the Secretary of State Special Services Fund. | ||||||
23 | The Secretary may adopt rules regarding the eligibility, | ||||||
24 | process, and fee for an expedited Illinois Identification Card. | ||||||
25 | If the Secretary of State determines that the volume of | ||||||
26 | expedited identification card requests received on a given day |
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1 | exceeds the ability of the Secretary to process those requests | ||||||
2 | in an expedited manner, the Secretary may decline to provide | ||||||
3 | expedited services, and the additional fee for the expedited | ||||||
4 | service shall be refunded to the applicant. | ||||||
5 | (a-20) The Secretary of State shall issue a standard | ||||||
6 | Illinois Identification Card to a committed person upon release | ||||||
7 | on parole, mandatory supervised release, aftercare release, | ||||||
8 | final discharge, or pardon from the Department of Corrections | ||||||
9 | or Department of Juvenile Justice, if the released person | ||||||
10 | presents a certified copy of his or her birth certificate, | ||||||
11 | social security card or other documents authorized by the | ||||||
12 | Secretary, and 2 documents proving his or her Illinois | ||||||
13 | residence address. Documents proving residence address may | ||||||
14 | include any official document of the Department of Corrections | ||||||
15 | or the Department of Juvenile Justice showing the released | ||||||
16 | person's address after release and a Secretary of State | ||||||
17 | prescribed certificate of residency form, which may be executed | ||||||
18 | by Department of Corrections or Department of Juvenile Justice | ||||||
19 | personnel. | ||||||
20 | (a-25) The Secretary of State shall issue a limited-term | ||||||
21 | Illinois Identification Card valid for 90 days to a committed | ||||||
22 | person upon release on parole, mandatory supervised release, | ||||||
23 | aftercare release, final discharge, or pardon from the | ||||||
24 | Department of Corrections or Department of Juvenile Justice, if | ||||||
25 | the released person is unable to present a certified copy of | ||||||
26 | his or her birth certificate and social security card or other |
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1 | documents authorized by the Secretary, but does present a | ||||||
2 | Secretary of State prescribed verification form completed by | ||||||
3 | the Department of Corrections or Department of Juvenile | ||||||
4 | Justice, verifying the released person's date of birth and | ||||||
5 | social security number and 2 documents proving his or her | ||||||
6 | Illinois residence address. The verification form must have | ||||||
7 | been completed no more than 30 days prior to the date of | ||||||
8 | application for the Illinois Identification Card. Documents | ||||||
9 | proving residence address shall include any official document | ||||||
10 | of the Department of Corrections or the Department of Juvenile | ||||||
11 | Justice showing the person's address after release and a | ||||||
12 | Secretary of State prescribed certificate of residency, which | ||||||
13 | may be executed by Department of Corrections or Department of | ||||||
14 | Juvenile Justice personnel. | ||||||
15 | Prior to the expiration of the 90-day period of the | ||||||
16 | limited-term Illinois Identification Card, if the released | ||||||
17 | person submits to the Secretary of State a certified copy of | ||||||
18 | his or her birth certificate and his or her social security | ||||||
19 | card or other documents authorized by the Secretary, a standard | ||||||
20 | Illinois Identification Card shall be issued. A limited-term | ||||||
21 | Illinois Identification Card may not be renewed. | ||||||
22 | (a-26)
The Secretary of State shall track and issue an | ||||||
23 | annual report to the General Assembly
detailing the number of | ||||||
24 | permanent Illinois Identification Cards issued by the | ||||||
25 | Secretary of State to persons presenting
verification forms | ||||||
26 | issued by the Department of Juvenile Justice and Department of
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| |||||||
1 | Corrections. The report shall include comparable data from the | ||||||
2 | previous calendar year and shall reflect
any increases or | ||||||
3 | decreases. The Secretary of State shall publish the report on | ||||||
4 | the Secretary of State's website. | ||||||
5 | (a-30) The Secretary of State shall issue a standard | ||||||
6 | Illinois Identification Card to a person upon conditional | ||||||
7 | release or absolute discharge from the custody of the | ||||||
8 | Department of Human Services, if the person presents a | ||||||
9 | certified copy of his or her birth certificate, social security | ||||||
10 | card, or other documents authorized by the Secretary, and a | ||||||
11 | document proving his or her Illinois residence address. The | ||||||
12 | Secretary of State shall issue a standard Illinois | ||||||
13 | Identification Card to a person no sooner than 14 days prior to | ||||||
14 | his or her conditional release or absolute discharge if | ||||||
15 | personnel from the Department of Human Services bring the | ||||||
16 | person to a Secretary of State location with the required | ||||||
17 | documents. Documents proving residence address may include any | ||||||
18 | official document of the Department of Human Services showing | ||||||
19 | the person's address after release and a Secretary of State | ||||||
20 | prescribed verification form, which may be executed by | ||||||
21 | personnel of the Department of Human Services. | ||||||
22 | (a-35) The Secretary of State shall issue a limited-term | ||||||
23 | Illinois Identification Card valid for 90 days to a person upon | ||||||
24 | conditional release or absolute discharge from the custody of | ||||||
25 | the Department of Human Services, if the person is unable to | ||||||
26 | present a certified copy of his or her birth certificate and |
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1 | social security card or other documents authorized by the | ||||||
2 | Secretary, but does present a Secretary of State prescribed | ||||||
3 | verification form completed by the Department of Human | ||||||
4 | Services, verifying the person's date of birth and social | ||||||
5 | security number, and a document proving his or her Illinois | ||||||
6 | residence address. The verification form must have been | ||||||
7 | completed no more than 30 days prior to the date of application | ||||||
8 | for the Illinois Identification Card. The Secretary of State | ||||||
9 | shall issue a limited-term Illinois Identification Card to a | ||||||
10 | person no sooner than 14 days prior to his or her conditional | ||||||
11 | release or absolute discharge if personnel from the Department | ||||||
12 | of Human Services bring the person to a Secretary of State | ||||||
13 | location with the required documents. Documents proving | ||||||
14 | residence address shall include any official document of the | ||||||
15 | Department of Human Services showing the person's address after | ||||||
16 | release and a Secretary of State prescribed verification form, | ||||||
17 | which may be executed
by personnel of the Department of Human | ||||||
18 | Services. | ||||||
19 | (b) The Secretary of State shall issue a special Illinois
| ||||||
20 | Identification Card, which shall be known as an Illinois Person | ||||||
21 | with a Disability
Identification Card, to any natural person | ||||||
22 | who is a resident of the State
of Illinois, who is a person | ||||||
23 | with a disability as defined in Section 4A of this Act,
who | ||||||
24 | applies for such card, or renewal thereof. No Illinois Person | ||||||
25 | with a Disability Identification Card shall be issued to any | ||||||
26 | person who
holds a valid
foreign state identification card, |
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1 | license, or permit unless the person first
surrenders to the
| ||||||
2 | Secretary of State the valid foreign state identification card, | ||||||
3 | license, or
permit. The Secretary of State
shall charge no fee | ||||||
4 | to issue such card. The card shall be prepared and
supplied by | ||||||
5 | the Secretary of State, and shall include a photograph and | ||||||
6 | signature or mark of the
applicant, a designation indicating | ||||||
7 | that the card is an Illinois
Person with a Disability | ||||||
8 | Identification Card, and shall include a comprehensible | ||||||
9 | designation
of the type and classification of the applicant's | ||||||
10 | disability as set out in
Section 4A of this Act. However, the | ||||||
11 | Secretary of State may provide by rule for the issuance of | ||||||
12 | Illinois Person with a Disability Identification Cards without | ||||||
13 | photographs if the applicant has a bona fide religious | ||||||
14 | objection to being photographed or to the display of his or her | ||||||
15 | photograph. If the applicant so requests, the card shall
| ||||||
16 | include a description of the applicant's disability and any | ||||||
17 | information
about the applicant's disability or medical | ||||||
18 | history which the Secretary
determines would be helpful to the | ||||||
19 | applicant in securing emergency medical
care. If a mark is used | ||||||
20 | in lieu of a signature, such mark
shall be affixed to the card | ||||||
21 | in the presence of two witnesses who attest to
the authenticity | ||||||
22 | of the mark. The Illinois
Person with a Disability | ||||||
23 | Identification Card may be used for identification purposes
in | ||||||
24 | any lawful situation by the person to whom it was issued.
| ||||||
25 | The Illinois Person with a Disability Identification Card | ||||||
26 | may be used as adequate
documentation of disability in lieu of |
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1 | a physician's determination of
disability, a determination of | ||||||
2 | disability from a physician assistant, a determination of | ||||||
3 | disability from an advanced practice registered
nurse, or any
| ||||||
4 | other documentation
of disability whenever
any
State law
| ||||||
5 | requires that a person with a disability provide such | ||||||
6 | documentation of disability,
however an Illinois Person with a | ||||||
7 | Disability Identification Card shall not qualify
the | ||||||
8 | cardholder to participate in any program or to receive any | ||||||
9 | benefit
which is not available to all persons with like | ||||||
10 | disabilities.
Notwithstanding any other provisions of law, an | ||||||
11 | Illinois Person with a Disability
Identification Card, or | ||||||
12 | evidence that the Secretary of State has issued an
Illinois | ||||||
13 | Person with a Disability Identification Card, shall not be used | ||||||
14 | by any
person other than the person named on such card to prove | ||||||
15 | that the person
named on such card is a person with a | ||||||
16 | disability or for any other purpose unless the
card is used for | ||||||
17 | the benefit of the person named on such card, and the
person | ||||||
18 | named on such card consents to such use at the time the card is | ||||||
19 | so used.
| ||||||
20 | An optometrist's determination of a visual disability | ||||||
21 | under Section 4A of this Act is acceptable as documentation for | ||||||
22 | the purpose of issuing an Illinois Person with a Disability | ||||||
23 | Identification Card. | ||||||
24 | When medical information is contained on an Illinois Person | ||||||
25 | with a Disability
Identification Card, the Office of the | ||||||
26 | Secretary of State shall not be
liable for any actions taken |
| |||||||
| |||||||
1 | based upon that medical information.
| ||||||
2 | (c) The Secretary of State shall provide
that each original | ||||||
3 | or renewal Illinois Identification Card or Illinois
Person with | ||||||
4 | a Disability Identification Card issued to a person under the | ||||||
5 | age of 21
shall be of a distinct nature from those Illinois | ||||||
6 | Identification Cards or
Illinois Person with a Disability | ||||||
7 | Identification Cards issued to individuals 21
years of age or | ||||||
8 | older. The color designated for Illinois Identification
Cards | ||||||
9 | or Illinois Person with a Disability Identification Cards for | ||||||
10 | persons under
the age of 21 shall be at the discretion of the | ||||||
11 | Secretary of State.
| ||||||
12 | (c-1) Each original or renewal Illinois
Identification | ||||||
13 | Card or Illinois Person with a Disability Identification Card | ||||||
14 | issued to
a person under the age of 21 shall display the date | ||||||
15 | upon which the person
becomes 18 years of age and the date upon | ||||||
16 | which the person becomes 21 years of
age.
| ||||||
17 | (c-3) The General Assembly recognizes the need to identify | ||||||
18 | military veterans living in this State for the purpose of | ||||||
19 | ensuring that they receive all of the services and benefits to | ||||||
20 | which they are legally entitled, including healthcare, | ||||||
21 | education assistance, and job placement. To assist the State in | ||||||
22 | identifying these veterans and delivering these vital services | ||||||
23 | and benefits, the Secretary of State is authorized to issue | ||||||
24 | Illinois Identification Cards and Illinois Person with a | ||||||
25 | Disability Identification Cards with the word "veteran" | ||||||
26 | appearing on the face of the cards. This authorization is |
| |||||||
| |||||||
1 | predicated on the unique status of veterans. The Secretary may | ||||||
2 | not issue any other identification card which identifies an | ||||||
3 | occupation, status, affiliation, hobby, or other unique | ||||||
4 | characteristics of the identification card holder which is | ||||||
5 | unrelated to the purpose of the identification card.
| ||||||
6 | (c-5) Beginning on or before July 1, 2015, the Secretary of | ||||||
7 | State shall designate a space on each original or renewal | ||||||
8 | identification card where, at the request of the applicant, the | ||||||
9 | word "veteran" shall be placed. The veteran designation shall | ||||||
10 | be available to a person identified as a veteran under | ||||||
11 | subsection (b) of Section 5 of this Act who was discharged or | ||||||
12 | separated under honorable conditions. | ||||||
13 | (d) The Secretary of State may issue a Senior Citizen
| ||||||
14 | discount card, to any natural person who is a resident of the | ||||||
15 | State of
Illinois who is 60 years of age or older and who | ||||||
16 | applies for such a card or
renewal thereof. The Secretary of | ||||||
17 | State shall charge no fee to issue such
card. The card shall be | ||||||
18 | issued in every county and applications shall be
made available | ||||||
19 | at, but not limited to, nutrition sites, senior citizen
centers | ||||||
20 | and Area Agencies on Aging. The applicant, upon receipt of such
| ||||||
21 | card and prior to its use for any purpose, shall have affixed | ||||||
22 | thereon in
the space provided therefor his signature or mark.
| ||||||
23 | (e) The Secretary of State, in his or her discretion, may | ||||||
24 | designate on each Illinois
Identification Card or Illinois | ||||||
25 | Person with a Disability Identification Card a space where the | ||||||
26 | card holder may place a sticker or decal, issued by the |
| |||||||
| |||||||
1 | Secretary of State, of uniform size as the Secretary may | ||||||
2 | specify, that shall indicate in appropriate language that the | ||||||
3 | card holder has renewed his or her Illinois
Identification Card | ||||||
4 | or Illinois Person with a Disability Identification Card. | ||||||
5 | (Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15; | ||||||
6 | 99-305, eff. 1-1-16; 99-642, eff. 7-28-16; 99-907, eff. 7-1-17; | ||||||
7 | 100-513, eff. 1-1-18; 100-717, eff. 7-1-19 .)
| ||||||
8 | Section 110. The Unified Code of Corrections is amended by | ||||||
9 | changing Sections 3-2.5-75 and 3-14-1 as follows: | ||||||
10 | (730 ILCS 5/3-2.5-75) | ||||||
11 | Sec. 3-2.5-75. Release from Department of Juvenile | ||||||
12 | Justice. | ||||||
13 | (a) Upon release of a youth on aftercare, the Department | ||||||
14 | shall return all property held for the youth, provide the youth | ||||||
15 | with suitable clothing, and procure necessary transportation | ||||||
16 | for the youth to his or her designated place of residence and | ||||||
17 | employment. It may provide the youth with a grant of money for | ||||||
18 | travel and expenses which may be paid in installments. The | ||||||
19 | amount of the money grant shall be determined by the | ||||||
20 | Department. | ||||||
21 | (b) Before a wrongfully imprisoned person, as defined in | ||||||
22 | Section 3-1-2 of this Code, is discharged from the Department, | ||||||
23 | the Department shall provide him or her with any documents | ||||||
24 | necessary after discharge. |
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1 | (c) The Department of Juvenile Justice may establish and | ||||||
2 | maintain, in any institution it administers, revolving funds to | ||||||
3 | be known as "Travel and Allowances Revolving Funds". These | ||||||
4 | revolving funds shall be used for advancing travel and expense | ||||||
5 | allowances to committed, released, and discharged youth. The | ||||||
6 | moneys paid into these revolving funds shall be from | ||||||
7 | appropriations to the Department for committed, released, and | ||||||
8 | discharged prisoners. | ||||||
9 | (d) Upon the release of a youth on aftercare, the | ||||||
10 | Department shall provide that youth with information | ||||||
11 | concerning programs and services of the Department of Public | ||||||
12 | Health to ascertain whether that youth has been exposed to the | ||||||
13 | human immunodeficiency virus (HIV) or any identified causative | ||||||
14 | agent of Acquired Immunodeficiency Syndrome (AIDS). | ||||||
15 | (e) Upon the release of a youth on aftercare or who has | ||||||
16 | been wrongfully imprisoned, the Department shall verify the | ||||||
17 | youth's full name, date of birth, and social security number. | ||||||
18 | If verification is made by the Department by obtaining a | ||||||
19 | certified copy of the youth's birth certificate and the youth's | ||||||
20 | social security card or other documents authorized by the | ||||||
21 | Secretary, the Department shall provide the birth certificate | ||||||
22 | and social security card or other documents authorized by the | ||||||
23 | Secretary to the youth. If verification is done by means other | ||||||
24 | than obtaining a certified copy of the youth's birth | ||||||
25 | certificate and the youth's social security card or other | ||||||
26 | documents authorized by the Secretary, the Department shall |
| |||||||
| |||||||
1 | complete a verification form, prescribed by the Secretary of | ||||||
2 | State and shall provide that verification form to the youth. | ||||||
3 | (f) In order to determine how many persons released from | ||||||
4 | incarceration in the Department of
Juvenile Justice obtained | ||||||
5 | permanent Illinois Identification Cards, the
Department of | ||||||
6 | Juvenile Justice shall track and issue an annual
report to the | ||||||
7 | General Assembly detailing the number of birth certificates | ||||||
8 | obtained for persons while
in its custody, the number of social | ||||||
9 | security cards obtained for persons while in its custody, and
| ||||||
10 | the number of verification forms issued to persons in its | ||||||
11 | custody within 30 days of a person's
release from custody. The | ||||||
12 | report shall include comparable data from the previous calendar | ||||||
13 | year and
shall reflect any increases or decreases. The | ||||||
14 | Department of Juvenile Justice shall
publish the reports on its | ||||||
15 | website.
| ||||||
16 | (Source: P.A. 98-558, eff. 1-1-14; 98-685, eff. 1-1-15; 99-907, | ||||||
17 | eff. 7-1-17 .)
| ||||||
18 | (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
| ||||||
19 | Sec. 3-14-1. Release from the institution.
| ||||||
20 | (a) Upon release of a person on parole, mandatory release, | ||||||
21 | final
discharge or pardon the Department shall return all | ||||||
22 | property held for
him, provide him with suitable clothing and | ||||||
23 | procure necessary
transportation for him to his designated | ||||||
24 | place of residence and
employment. It may provide such person | ||||||
25 | with a grant of money for travel and
expenses which may be paid |
| |||||||
| |||||||
1 | in installments. The amount of the money grant
shall be | ||||||
2 | determined by the Department.
| ||||||
3 | (a-1) The Department shall, before a wrongfully imprisoned | ||||||
4 | person, as defined in Section 3-1-2 of this Code, is discharged | ||||||
5 | from the Department, provide him or her with any documents | ||||||
6 | necessary after discharge. | ||||||
7 | (a-2) The Department of Corrections may establish and | ||||||
8 | maintain, in any institution
it administers, revolving funds to | ||||||
9 | be known as "Travel and Allowances Revolving
Funds". These | ||||||
10 | revolving funds shall be used for advancing travel and expense
| ||||||
11 | allowances to committed, paroled, and discharged prisoners. | ||||||
12 | The moneys
paid into such revolving funds shall be from | ||||||
13 | appropriations to the Department
for Committed, Paroled, and | ||||||
14 | Discharged Prisoners.
| ||||||
15 | (a-3) Upon release of a person who is eligible to vote on | ||||||
16 | parole, mandatory release, final discharge, or pardon, the | ||||||
17 | Department shall provide the person with a form that informs | ||||||
18 | him or her that his or her voting rights have been restored and | ||||||
19 | a voter registration application. The Department shall have | ||||||
20 | available voter registration applications in the languages | ||||||
21 | provided by the Illinois State Board of Elections. The form | ||||||
22 | that informs the person that his or her rights have been | ||||||
23 | restored shall include the following information: | ||||||
24 | (1) All voting rights are restored upon release from | ||||||
25 | the Department's custody. | ||||||
26 | (2) A person who is eligible to vote must register in |
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| |||||||
1 | order to be able to vote. | ||||||
2 | The Department of Corrections shall confirm that the person | ||||||
3 | received the voter registration application and has been | ||||||
4 | informed that his or her voting rights have been restored. | ||||||
5 | (a-4) (a-3) Prior to release of a person on parole, | ||||||
6 | mandatory supervised release, final discharge, or pardon, the | ||||||
7 | Department shall screen every person for Medicaid eligibility. | ||||||
8 | Officials of the correctional institution or facility where the | ||||||
9 | committed person is assigned shall assist an eligible person to | ||||||
10 | complete a Medicaid application to ensure that the person | ||||||
11 | begins receiving benefits as soon as possible after his or her | ||||||
12 | release. The application must include the eligible person's | ||||||
13 | address associated with his or her residence upon release from | ||||||
14 | the facility. If the residence is temporary, the eligible | ||||||
15 | person must notify the Department of Human Services of his or | ||||||
16 | her change in address upon transition to permanent housing. | ||||||
17 | (b) (Blank).
| ||||||
18 | (c) Except as otherwise provided in this Code, the | ||||||
19 | Department shall
establish procedures to provide written | ||||||
20 | notification of any release of any
person who has been | ||||||
21 | convicted of a felony to the State's Attorney
and sheriff of | ||||||
22 | the county from which the offender was committed, and the
| ||||||
23 | State's Attorney and sheriff of the county into which the | ||||||
24 | offender is to be
paroled or released. Except as otherwise | ||||||
25 | provided in this Code, the
Department shall establish | ||||||
26 | procedures to provide written notification to
the proper law |
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| |||||||
1 | enforcement agency for any municipality of any release of any
| ||||||
2 | person who has been convicted of a felony if the arrest of the | ||||||
3 | offender or the
commission of the offense took place in the | ||||||
4 | municipality, if the offender is to
be paroled or released into | ||||||
5 | the municipality, or if the offender resided in the
| ||||||
6 | municipality at the time of the commission of the offense. If a | ||||||
7 | person
convicted of a felony who is in the custody of the | ||||||
8 | Department of Corrections or
on parole or mandatory supervised | ||||||
9 | release informs the Department that he or she
has resided, | ||||||
10 | resides, or will
reside at an address that is a housing | ||||||
11 | facility owned, managed,
operated, or leased by a public | ||||||
12 | housing agency, the Department must send
written notification | ||||||
13 | of that information to the public housing agency that
owns, | ||||||
14 | manages, operates, or leases the housing facility. The written
| ||||||
15 | notification shall, when possible, be given at least 14 days | ||||||
16 | before release of
the person from custody, or as soon | ||||||
17 | thereafter as possible. The written notification shall be | ||||||
18 | provided electronically if the State's Attorney, sheriff, | ||||||
19 | proper law enforcement agency, or public housing agency has | ||||||
20 | provided the Department with an accurate and up to date email | ||||||
21 | address.
| ||||||
22 | (c-1) (Blank). | ||||||
23 | (c-2) The Department shall establish procedures to provide | ||||||
24 | notice to the Department of State Police of the release or | ||||||
25 | discharge of persons convicted of violations of the | ||||||
26 | Methamphetamine Control and Community
Protection Act or a |
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| |||||||
1 | violation of the Methamphetamine Precursor Control Act. The | ||||||
2 | Department of State Police shall make this information | ||||||
3 | available to local, State, or federal law enforcement agencies | ||||||
4 | upon request. | ||||||
5 | (c-5) If a person on parole or mandatory supervised release | ||||||
6 | becomes a resident of a facility licensed or regulated by the | ||||||
7 | Department of Public Health, the Illinois Department of Public | ||||||
8 | Aid, or the Illinois Department of Human Services, the | ||||||
9 | Department of Corrections shall provide copies of the following | ||||||
10 | information to the appropriate licensing or regulating | ||||||
11 | Department and the licensed or regulated facility where the | ||||||
12 | person 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 |
| |||||||
| |||||||
1 | person becoming a resident of the facility.
| ||||||
2 | (c-10) If a person on parole or mandatory supervised | ||||||
3 | release becomes a resident of a facility licensed or regulated | ||||||
4 | by the Department of Public Health, the Illinois Department of | ||||||
5 | Public Aid, or the Illinois Department of Human Services, the | ||||||
6 | Department of Corrections shall provide written notification | ||||||
7 | of 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 | ||||||
12 | person becoming a resident of the facility.
| ||||||
13 | (d) Upon the release of a committed person on parole, | ||||||
14 | mandatory
supervised release, final discharge or pardon, the | ||||||
15 | Department shall provide
such person with information | ||||||
16 | concerning programs and services of the
Illinois Department of | ||||||
17 | Public Health to ascertain whether such person has
been exposed | ||||||
18 | to the human immunodeficiency virus (HIV) or any identified
| ||||||
19 | causative agent of Acquired Immunodeficiency Syndrome (AIDS).
| ||||||
20 | (e) Upon the release of a committed person on parole, | ||||||
21 | mandatory supervised
release, final discharge, pardon, or who | ||||||
22 | has been wrongfully imprisoned, the Department shall verify the | ||||||
23 | released person's full name, date of birth, and social security | ||||||
24 | number. If verification is made by the Department by obtaining | ||||||
25 | a certified copy of the released person's birth certificate and | ||||||
26 | the released person's social security card or other documents |
| |||||||
| |||||||
1 | authorized by the Secretary, the Department shall provide the | ||||||
2 | birth certificate and social security card or other documents | ||||||
3 | authorized by the Secretary to the released person. If | ||||||
4 | verification by the Department is done by means other than | ||||||
5 | obtaining a certified copy of the released person's birth | ||||||
6 | certificate and the released person's social security card or | ||||||
7 | other documents authorized by the Secretary, the Department | ||||||
8 | shall complete a verification form, prescribed by the Secretary | ||||||
9 | of State, and shall provide that verification form to the | ||||||
10 | released person.
| ||||||
11 | (f) Forty-five days prior to the scheduled discharge of a | ||||||
12 | person committed to the custody of the Department of | ||||||
13 | Corrections, the Department shall give the person who is | ||||||
14 | otherwise uninsured an opportunity to apply for health care | ||||||
15 | coverage including medical assistance under Article V of the | ||||||
16 | Illinois Public Aid Code in accordance with subsection (b) of | ||||||
17 | Section 1-8.5 of the Illinois Public Aid Code, and the | ||||||
18 | Department of Corrections shall provide assistance with | ||||||
19 | completion of the application for health care coverage | ||||||
20 | including medical assistance. The Department may adopt rules to | ||||||
21 | implement this Section. | ||||||
22 | (g) In order to determine how many persons released from | ||||||
23 | incarceration in the Department obtained permanent Illinois | ||||||
24 | Identification Cards, the
Department shall track and issue an | ||||||
25 | annual
report to the General Assembly detailing the number of | ||||||
26 | birth certificates obtained for persons while
in its custody, |
| |||||||
| |||||||
1 | the number of social security cards obtained for persons while | ||||||
2 | in its custody, and
the number of verification forms issued to | ||||||
3 | persons in its custody within 30 days of a person's
release | ||||||
4 | from custody. The report shall include comparable data from the | ||||||
5 | previous calendar year and
shall reflect any increases or | ||||||
6 | decreases. The Department shall
publish the reports on its | ||||||
7 | website. | ||||||
8 | (Source: P.A. 101-351, eff. 1-1-20; 101-442, eff. 1-1-20; | ||||||
9 | revised 9-9-19.)
|