Sen. Omar Aquino
Filed: 3/5/2019
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1 | AMENDMENT TO SENATE BILL 2090
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2 | AMENDMENT NO. ______. Amend Senate Bill 2090 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Election Code is amended by adding Sections | ||||||
5 | 19-2.3 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 | ||||||
8 | in a county with a population under 3,000,000 shall collaborate | ||||||
9 | with the primary county jail where eligible voters are confined | ||||||
10 | or detained who are within the jurisdiction of the election | ||||||
11 | authority to facilitate an opportunity for voting by mail for | ||||||
12 | voters eligible to vote in the election jurisdiction who are | ||||||
13 | confined or detained in the county jail. | ||||||
14 | (10 ILCS 5/19A-20)
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15 | Sec. 19A-20. Temporary branch polling places.
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1 | (a) In addition to permanent polling places for early | ||||||
2 | voting, the election
authority may establish temporary branch | ||||||
3 | polling places for early voting.
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4 | (b) The provisions of subsection (b) of Section 19A-15 do | ||||||
5 | not apply to a
temporary polling place. Voting at a temporary | ||||||
6 | branch polling place may be
conducted on any one or more days | ||||||
7 | and during any hours within the period for
early voting by | ||||||
8 | personal appearance that are determined by the election
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9 | authority.
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10 | (c) The schedules for conducting voting do not need to be | ||||||
11 | uniform among the
temporary branch polling places.
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12 | (d) The legal rights and remedies which inure to the owner | ||||||
13 | or lessor of
private property are not impaired or otherwise | ||||||
14 | affected by the leasing of the
property for use as a temporary | ||||||
15 | branch polling place for early voting, except
to the extent | ||||||
16 | necessary to conduct early voting at that location.
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17 | (e) In a county with a population of 3,000,000 or more, the | ||||||
18 | election authority in the county shall establish a temporary | ||||||
19 | branch polling place under this Section in the county jail. | ||||||
20 | Only a resident of a county who is in custody at the county | ||||||
21 | jail and who has not been convicted of the offense for which | ||||||
22 | the resident is in custody is eligible to vote at a temporary | ||||||
23 | branch polling place established under this subsection. The | ||||||
24 | temporary branch polling place established under this | ||||||
25 | subsection shall allow a voter to vote in the same elections | ||||||
26 | that the voter would be entitled to vote in where the voter |
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1 | resides. To the maximum extent feasible, voting booths or | ||||||
2 | screens shall be provided to ensure the privacy of the voter. | ||||||
3 | All provisions of this Code applicable to pollwatchers | ||||||
4 | shall apply to a temporary branch polling place under this | ||||||
5 | subsection (e), subject to approval from the election authority | ||||||
6 | and the county jail, except that nonpartisan pollwatchers shall | ||||||
7 | be limited to one per division within the jail instead of one | ||||||
8 | per precinct. A county that establishes a temporary branch | ||||||
9 | polling place inside a county jail in accordance with this | ||||||
10 | subsection (e) shall adhere to all requirements of this | ||||||
11 | subsection (e). All requirements of the federal Voting Rights | ||||||
12 | Act of 1965 and Sections 203 and 208 of the federal Americans | ||||||
13 | with Disabilities Act shall apply to this subsection (e). | ||||||
14 | (Source: P.A. 94-645, eff. 8-22-05.) | ||||||
15 | Section 10. The Counties Code is amended by adding Sections | ||||||
16 | 3-15003.3 and 3-15003.4 as follows: | ||||||
17 | (55 ILCS 5/3-15003.3 new) | ||||||
18 | Sec. 3-15003.3. Voter registration; county jails. Upon | ||||||
19 | discharge of a person who is eligible to vote from a county | ||||||
20 | jail, the county jail shall provide the person with a voter | ||||||
21 | registration application. Each election authority shall | ||||||
22 | collaborate with the county jail within the jurisdiction of the | ||||||
23 | election authority to facilitate voter registration for voters | ||||||
24 | eligible to vote in that county who are confined or detained in |
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1 | the county jail. A county jail shall provide a voter | ||||||
2 | registration application to any person in custody at the jail | ||||||
3 | who requests an application and is eligible to vote. | ||||||
4 | (55 ILCS 5/3-15003.4 new) | ||||||
5 | Sec. 3-15003.4. Voting rights; county jails; probation | ||||||
6 | offices. | ||||||
7 | (a) Each county jail and county probation office shall make | ||||||
8 | available current resource materials, maintained by the | ||||||
9 | Illinois State Board of Elections, containing detailed | ||||||
10 | information regarding the voting rights of a person with a | ||||||
11 | criminal conviction in print. | ||||||
12 | (b) The current resource materials described under | ||||||
13 | subsection (a) shall be provided: | ||||||
14 | (1) upon discharge of a person from a county jail; and | ||||||
15 | (2) upon intake of a person by a county probation | ||||||
16 | department. | ||||||
17 | Section 15. The Unified Code of Corrections is amended by | ||||||
18 | adding Sections 3-2-2.3 and by changing Section 3-14-1 as | ||||||
19 | follows: | ||||||
20 | (730 ILCS 5/3-2-2.3 new) | ||||||
21 | Sec. 3-2-2.3. Voting rights information. | ||||||
22 | (a) The Department shall make available to a person in its | ||||||
23 | custody current resource materials, maintained by the Illinois |
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1 | State Board of Elections, containing detailed information | ||||||
2 | regarding the voting rights of a person with a criminal | ||||||
3 | conviction in the following formats: | ||||||
4 | (1) in print; | ||||||
5 | (2) on the Department's website; and | ||||||
6 | (3) in a visible location on the premises of each | ||||||
7 | Department facility where notices are customarily posted. | ||||||
8 | (b) The current resource materials described under | ||||||
9 | subsection (a) shall be provided upon release of a person on | ||||||
10 | parole, mandatory supervised release, final discharge, or | ||||||
11 | pardon from the Department.
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12 | (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
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13 | Sec. 3-14-1. Release from the institution.
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14 | (a) Upon release of a person on parole, mandatory release, | ||||||
15 | final
discharge or pardon the Department shall return all | ||||||
16 | property held for
him, provide him with suitable clothing and | ||||||
17 | procure necessary
transportation for him to his designated | ||||||
18 | place of residence and
employment. It may provide such person | ||||||
19 | with a grant of money for travel and
expenses which may be paid | ||||||
20 | in installments. The amount of the money grant
shall be | ||||||
21 | determined by the Department.
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22 | (a-1) The Department shall, before a wrongfully imprisoned | ||||||
23 | person, as defined in Section 3-1-2 of this Code, is discharged | ||||||
24 | from the Department, provide him or her with any documents | ||||||
25 | necessary after discharge. |
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1 | (a-2) The Department of Corrections 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
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5 | allowances to committed, paroled, and discharged prisoners. | ||||||
6 | The moneys
paid into such revolving funds shall be from | ||||||
7 | appropriations to the Department
for Committed, Paroled, and | ||||||
8 | Discharged Prisoners.
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9 | (a-3) Upon release of a person who is eligible to vote on | ||||||
10 | parole, mandatory release, final discharge, or pardon, the | ||||||
11 | Department shall provide the person with a form that informs | ||||||
12 | him or her that his or her voting rights have been restored and | ||||||
13 | a voter registration application. The Department shall have | ||||||
14 | available voter registration applications in the languages | ||||||
15 | provided by the Illinois State Board of Elections. The form | ||||||
16 | that informs the person that his or her rights have been | ||||||
17 | restored shall include the following information: | ||||||
18 | (1) All voting rights are restored upon release from | ||||||
19 | the Department's custody. | ||||||
20 | (2) A person who is eligible to vote must register in | ||||||
21 | order to be able to vote. | ||||||
22 | The Department of Corrections shall confirm that the person | ||||||
23 | received the voter registration application and has been | ||||||
24 | informed that his or her voting rights have been restored. | ||||||
25 | (b) (Blank).
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26 | (c) Except as otherwise provided in this Code, the |
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1 | Department shall
establish procedures to provide written | ||||||
2 | notification of any release of any
person who has been | ||||||
3 | convicted of a felony to the State's Attorney
and sheriff of | ||||||
4 | the county from which the offender was committed, and the
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5 | State's Attorney and sheriff of the county into which the | ||||||
6 | offender is to be
paroled or released. Except as otherwise | ||||||
7 | provided in this Code, the
Department shall establish | ||||||
8 | procedures to provide written notification to
the proper law | ||||||
9 | enforcement agency for any municipality of any release of any
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10 | person who has been convicted of a felony if the arrest of the | ||||||
11 | offender or the
commission of the offense took place in the | ||||||
12 | municipality, if the offender is to
be paroled or released into | ||||||
13 | the municipality, or if the offender resided in the
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14 | municipality at the time of the commission of the offense. If a | ||||||
15 | person
convicted of a felony who is in the custody of the | ||||||
16 | Department of Corrections or
on parole or mandatory supervised | ||||||
17 | release informs the Department that he or she
has resided, | ||||||
18 | resides, or will
reside at an address that is a housing | ||||||
19 | facility owned, managed,
operated, or leased by a public | ||||||
20 | housing agency, the Department must send
written notification | ||||||
21 | of that information to the public housing agency that
owns, | ||||||
22 | manages, operates, or leases the housing facility. The written
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23 | notification shall, when possible, be given at least 14 days | ||||||
24 | before release of
the person from custody, or as soon | ||||||
25 | thereafter as possible. The written notification shall be | ||||||
26 | provided electronically if the State's Attorney, sheriff, |
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1 | proper law enforcement agency, or public housing agency has | ||||||
2 | provided the Department with an accurate and up to date email | ||||||
3 | address.
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4 | (c-1) (Blank). | ||||||
5 | (c-2) The Department shall establish procedures to provide | ||||||
6 | notice to the Department of State Police of the release or | ||||||
7 | discharge of persons convicted of violations of the | ||||||
8 | Methamphetamine Control and Community
Protection Act or a | ||||||
9 | violation of the Methamphetamine Precursor Control Act. The | ||||||
10 | Department of State Police shall make this information | ||||||
11 | available to local, State, or federal law enforcement agencies | ||||||
12 | upon request. | ||||||
13 | (c-5) If a person on parole or mandatory supervised release | ||||||
14 | becomes a resident of a facility licensed or regulated by the | ||||||
15 | Department of Public Health, the Illinois Department of Public | ||||||
16 | Aid, or the Illinois Department of Human Services, the | ||||||
17 | Department of Corrections shall provide copies of the following | ||||||
18 | information to the appropriate licensing or regulating | ||||||
19 | Department and the licensed or regulated facility where the | ||||||
20 | person becomes a resident: | ||||||
21 | (1) The mittimus and any pre-sentence investigation | ||||||
22 | reports. | ||||||
23 | (2) The social evaluation prepared pursuant to Section | ||||||
24 | 3-8-2. | ||||||
25 | (3) Any pre-release evaluation conducted pursuant to | ||||||
26 | subsection (j) of Section 3-6-2. |
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1 | (4) Reports of disciplinary infractions and | ||||||
2 | dispositions. | ||||||
3 | (5) Any parole plan, including orders issued by the | ||||||
4 | Prisoner Review Board, and any violation reports and | ||||||
5 | dispositions. | ||||||
6 | (6) The name and contact information for the assigned | ||||||
7 | parole agent and parole supervisor.
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8 | This information shall be provided within 3 days of the | ||||||
9 | person becoming a resident of the facility.
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10 | (c-10) If a person on parole or mandatory supervised | ||||||
11 | release becomes a resident of a facility licensed or regulated | ||||||
12 | by the Department of Public Health, the Illinois Department of | ||||||
13 | Public Aid, or the Illinois Department of Human Services, the | ||||||
14 | Department of Corrections shall provide written notification | ||||||
15 | of such residence to the following: | ||||||
16 | (1) The Prisoner Review Board. | ||||||
17 | (2) The
chief of police and sheriff in the municipality | ||||||
18 | and county in which the licensed facility is located. | ||||||
19 | The notification shall be provided within 3 days of the | ||||||
20 | person becoming a resident of the facility.
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21 | (d) Upon the release of a committed person on parole, | ||||||
22 | mandatory
supervised release, final discharge or pardon, the | ||||||
23 | Department shall provide
such person with information | ||||||
24 | concerning programs and services of the
Illinois Department of | ||||||
25 | Public Health to ascertain whether such person has
been exposed | ||||||
26 | to the human immunodeficiency virus (HIV) or any identified
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1 | causative agent of Acquired Immunodeficiency Syndrome (AIDS).
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2 | (e) Upon the release of a committed person on parole, | ||||||
3 | mandatory supervised
release, final discharge, pardon, or who | ||||||
4 | has been wrongfully imprisoned, the Department shall verify the | ||||||
5 | released person's full name, date of birth, and social security | ||||||
6 | number. If verification is made by the Department by obtaining | ||||||
7 | a certified copy of the released person's birth certificate and | ||||||
8 | the released person's social security card or other documents | ||||||
9 | authorized by the Secretary, the Department shall provide the | ||||||
10 | birth certificate and social security card or other documents | ||||||
11 | authorized by the Secretary to the released person. If | ||||||
12 | verification by the Department is done by means other than | ||||||
13 | obtaining a certified copy of the released person's birth | ||||||
14 | certificate and the released person's social security card or | ||||||
15 | other documents authorized by the Secretary, the Department | ||||||
16 | shall complete a verification form, prescribed by the Secretary | ||||||
17 | of State, and shall provide that verification form to the | ||||||
18 | released person.
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19 | (f) Forty-five days prior to the scheduled discharge of a | ||||||
20 | person committed to the custody of the Department of | ||||||
21 | Corrections, the Department shall give the person who is | ||||||
22 | otherwise uninsured an opportunity to apply for health care | ||||||
23 | coverage including medical assistance under Article V of the | ||||||
24 | Illinois Public Aid Code in accordance with subsection (b) of | ||||||
25 | Section 1-8.5 of the Illinois Public Aid Code, and the | ||||||
26 | Department of Corrections shall provide assistance with |
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1 | completion of the application for health care coverage | ||||||
2 | including medical assistance. The Department may adopt rules to | ||||||
3 | implement this Section. | ||||||
4 | (Source: P.A. 98-267, eff. 1-1-14; 99-415, eff. 8-20-15; | ||||||
5 | 99-907, eff. 7-1-17 .)".
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