Rep. La Shawn K. Ford
Filed: 10/26/2021
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1 | AMENDMENT TO SENATE BILL 828
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2 | AMENDMENT NO. ______. Amend Senate Bill 828, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Illinois Administrative Procedure Act is | ||||||
6 | amended by adding Section 5-45.8 as follows: | ||||||
7 | (5 ILCS 100/5-45.8 new) | ||||||
8 | Sec. 5-45.8. Emergency rulemaking; Election Code; Unified | ||||||
9 | Code of Corrections. To provide for the expeditious and timely | ||||||
10 | implementation of the
changes made to the Election
Code and | ||||||
11 | the Unified Code of
Corrections by this amendatory Act of the | ||||||
12 | 102nd General
Assembly, emergency rules implementing those | ||||||
13 | changes may be adopted in accordance with Section 5-45 by the | ||||||
14 | State Board of Elections, except that the 24-month limitation | ||||||
15 | on the
adoption of emergency rules and the provisions of | ||||||
16 | Sections
5-115 and 5-125 do not apply to rules adopted under |
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1 | this
Section. The adoption of emergency rules authorized by | ||||||
2 | Section 5-45 and this Section is deemed to be necessary for the | ||||||
3 | public interest, safety, and welfare. | ||||||
4 | This Section is repealed on January 1, 2027. | ||||||
5 | Section 10. The Election Code is amended by changing | ||||||
6 | Sections 3-5 and 19A-20 and by adding Sections 1-19 and 1-21 as | ||||||
7 | follows: | ||||||
8 | (10 ILCS 5/1-19 new) | ||||||
9 | Sec. 1-19. Post-conviction voting. | ||||||
10 | (a) As used in this Section, "correctional institution"
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11 | means any place used to house persons under state supervision | ||||||
12 | or custody,
including, but not limited to, state, federal, or | ||||||
13 | juvenile
facilities, adult transition centers, halfway houses, | ||||||
14 | and
other reentry or rehabilitation programs. | ||||||
15 | (b) A person convicted of a felony or otherwise under
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16 | sentence in a correctional institution or jail shall have his
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17 | or her right to vote restored and shall be eligible to vote not
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18 | later than 14 days following his or her conviction.
Persons | ||||||
19 | under any form of
state supervision or custody who are | ||||||
20 | disqualified from voting shall have
their right to vote | ||||||
21 | restored under this Section, including,
but not limited to: | ||||||
22 | persons incarcerated in State, federal, or
juvenile | ||||||
23 | facilities; persons on probation or parole; persons on | ||||||
24 | mandatory supervised release; persons
on work release; persons |
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1 | on furlough; persons released on
electronic monitoring; | ||||||
2 | persons housed in adult transition
centers, halfway houses, or | ||||||
3 | other reentry or rehabilitation
programs; and persons owing | ||||||
4 | court fines or fees. Persons may
not be denied the right to | ||||||
5 | vote because of a past criminal
conviction. | ||||||
6 | (c) Each local election authority shall coordinate with | ||||||
7 | the
correctional institution, Illinois Department of | ||||||
8 | Corrections, and other correctional agencies incarcerating | ||||||
9 | eligible voters in order to facilitate an opportunity for
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10 | voting by mail for those voters eligible to vote in that | ||||||
11 | election
jurisdiction who are incarcerated in the correctional
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12 | institution. | ||||||
13 | (d) Any person completing a voter registration application
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14 | or submitting a change of address shall be notified of the
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15 | option to receive a vote by mail ballot. Upon request of the
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16 | elector, the voter registration application shall serve as an | ||||||
17 | application to
receive an official vote by mail ballot and the | ||||||
18 | individual
need not complete a separate vote by mail | ||||||
19 | application. An elector who is a resident
of a location | ||||||
20 | covered by Section 203 of the federal Voting
Rights Act of 1965 | ||||||
21 | or local language access requirements must
be offered a voter | ||||||
22 | registration application in a covered
language and must be | ||||||
23 | able to request a vote by mail ballot in
the covered language. | ||||||
24 | Upon processing the voter registration application and | ||||||
25 | accepting the application without rejection, the
election | ||||||
26 | authority shall provide the individual with an
official vote |
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1 | by mail ballot for the next occurring election. | ||||||
2 | (e) All requirements of the federal Voting Rights Act of
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3 | 1965, including Sections 203 and 208, State and local language
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4 | access requirements, and the federal Americans with
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5 | Disabilities Act and State and local disability access
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6 | requirements shall apply to this Section. The correctional
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7 | institution shall make available to persons in its custody | ||||||
8 | voter registration
applications, vote by mail ballot | ||||||
9 | applications, vote by mail
ballots received at the institution | ||||||
10 | from the local election authority, and other election | ||||||
11 | materials in the languages
provided by the State Board of | ||||||
12 | Elections and local election
authorities. | ||||||
13 | (f) The correctional institution shall make available to a
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14 | person in its custody resource materials current to an
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15 | election, maintained by the State Board of Elections,
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16 | containing detailed information regarding the voting rights of
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17 | a person with a criminal conviction in the following formats:
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18 | (1) in print; (2) on the correctional institution's website;
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19 | and (3) in a visible location on the premises of each
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20 | correctional institution where notices are customarily posted.
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21 | The correctional institution shall provide resource materials
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22 | to a person in its custody upon intake and release of the
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23 | person on parole, mandatory supervised release, final
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24 | discharge, or pardon from the correctional institution. | ||||||
25 | (g) Compliance with this Section shall be monitored by a
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26 | report published annually, beginning December 31, 2023 and by |
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1 | December 31 of each year thereafter, by the State Board of | ||||||
2 | Elections, in
coordination and cooperation with correctional | ||||||
3 | institutions and local election authorities, containing data,
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4 | including the number of voter registrations, vote by mail | ||||||
5 | ballot
applications, vote by mail ballots completed, and voter | ||||||
6 | education packets delivered. | ||||||
7 | (h) A person who has left the place of the person's
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8 | residence as part of the person's confinement in a
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9 | correctional institution and who has not established another
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10 | residence for voter registration purposes may not be
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11 | considered to have changed or lost residence. The person may
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12 | register to vote at the address of the person's last place of | ||||||
13 | residence before the person's confinement in a
correctional | ||||||
14 | institution. | ||||||
15 | (i) The provisions of this Section shall apply to all
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16 | elections beginning with the general election in 2022. | ||||||
17 | (j) The State Board of Elections may adopt rules,
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18 | including emergency rules, to implement the provisions of this | ||||||
19 | Section. | ||||||
20 | (10 ILCS 5/1-21 new) | ||||||
21 | Sec. 1-21. Post-Conviction Task Force. | ||||||
22 | (a) The Post-Conviction Task Force is created to | ||||||
23 | strengthen and improve implementation of
the provisions of | ||||||
24 | Section 1-19 that restore the right to vote
for a person | ||||||
25 | convicted of a felony or otherwise under
sentence in a |
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1 | correctional institution or jail and provide
access to vote | ||||||
2 | while under sentence in a correctional
institution. | ||||||
3 | (b) The members of the Task Force shall be as follows: | ||||||
4 | (1) the chair of the State Board of Elections, or his
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5 | or her designee, who shall serve as chair of the Task
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6 | Force; | ||||||
7 | (2) the Director of Corrections, or his or her
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8 | designee; | ||||||
9 | (3) the Secretary of State, or his or her designee; | ||||||
10 | (4) a representative from a statewide organization
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11 | that represents county clerks, appointed by the chair of
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12 | the State Board of Elections; | ||||||
13 | (5) a representative from 2 separate Illinois | ||||||
14 | organizations
advocating against voter | ||||||
15 | disenfranchisement, with one representative appointed by
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16 | the President of the Senate and one representative | ||||||
17 | appointed by the Speaker of the House of Representatives; | ||||||
18 | and | ||||||
19 | (6) 4 members from the General Assembly, with one
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20 | member appointed by the President of the Senate, one
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21 | member appointed by the Senate Minority Leader, one member
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22 | appointed by the Speaker of the House of Representatives,
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23 | and one member appointed by the House Minority Leader. | ||||||
24 | (c) The State Board of Elections shall provide
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25 | administrative and other support to the Task Force. | ||||||
26 | (d) On or before July 1, 2022, the Task Force members shall |
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1 | be appointed. On or before September 1, 2022, the Task Force | ||||||
2 | shall
prepare a status report that summarizes its work and | ||||||
3 | makes
recommendations on the implementation of provisions | ||||||
4 | restoring voting
rights to a person convicted of a felony or | ||||||
5 | otherwise under
sentence in a correctional institution or jail | ||||||
6 | and providing
access to vote while under sentence in a | ||||||
7 | correctional
institution. On or before January 1, 2023, the | ||||||
8 | Task Force shall prepare a comprehensive report that | ||||||
9 | summarizes its work and the implementation and administration | ||||||
10 | of the 2022 general election. The report shall include
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11 | recommendations for strengthening and improving implementation | ||||||
12 | of restoring voting
rights to a person convicted of a felony or | ||||||
13 | otherwise under
sentence in a correctional institution or jail | ||||||
14 | and providing
access to vote while under sentence in a | ||||||
15 | correctional
institution. | ||||||
16 | (e) The Task Force is dissolved and this Section is
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17 | repealed on January 1, 2025. | ||||||
18 | (10 ILCS 5/3-5) (from Ch. 46, par. 3-5)
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19 | Sec. 3-5. Confinement or detention in a jail. No person | ||||||
20 | who has been legally convicted, in this
or another state or in | ||||||
21 | any federal court, of any crime, and
is serving a sentence of | ||||||
22 | confinement in any penal institution,
or who has been | ||||||
23 | convicted under any Section of this Code and is
serving a | ||||||
24 | sentence of confinement in any penal institution,
shall vote, | ||||||
25 | offer to vote, attempt to vote or be permitted
to vote at any |
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1 | election until his release from confinement.
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2 | Confinement for purposes of this Section shall include any
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3 | person convicted and imprisoned but granted a furlough as
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4 | provided by Section 3-11-1 of the Unified Code of Corrections,
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5 | or admitted to a work release program as provided by Section
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6 | 3-13-2 of the Unified Code of Corrections. Confinement shall
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7 | not include any person convicted and imprisoned but released | ||||||
8 | on parole.
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9 | Confinement or detention in a jail pending acquittal or
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10 | conviction of a crime is not a disqualification for voting.
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11 | (Source: P.A. 100-863, eff. 8-14-18.)
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12 | (10 ILCS 5/19A-20)
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13 | Sec. 19A-20. Temporary branch polling places.
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14 | (a) In addition to permanent polling places for early | ||||||
15 | voting, the election
authority may establish temporary branch | ||||||
16 | polling places for early voting.
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17 | (b) The provisions of subsection (b) of Section 19A-15 do | ||||||
18 | not apply to a
temporary polling place. Voting at a temporary | ||||||
19 | branch polling place may be
conducted on any one or more days | ||||||
20 | and during any hours within the period for
early voting by | ||||||
21 | personal appearance that are determined by the election
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22 | authority.
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23 | (c) The schedules for conducting voting do not need to be | ||||||
24 | uniform among the
temporary branch polling places.
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25 | (d) The legal rights and remedies which inure to the owner |
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1 | or lessor of
private property are not impaired or otherwise | ||||||
2 | affected by the leasing of the
property for use as a temporary | ||||||
3 | branch polling place for early voting, except
to the extent | ||||||
4 | necessary to conduct early voting at that location.
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5 | (e) In a county with a population of: | ||||||
6 | (1) 3,000,000 or more, the election authority in the | ||||||
7 | county shall establish a temporary branch polling place | ||||||
8 | under this Section in the county jail. Only a resident of a | ||||||
9 | county who is in custody at the county jail and who has not | ||||||
10 | been convicted of the offense for which the resident is in | ||||||
11 | custody is eligible to vote at a temporary branch polling | ||||||
12 | place established under this paragraph (1). The temporary | ||||||
13 | branch polling place established under this paragraph (1) | ||||||
14 | shall allow a voter to vote in the same elections that the | ||||||
15 | voter would be entitled to vote in where the voter | ||||||
16 | resides. To the maximum extent feasible, voting booths or | ||||||
17 | screens shall be provided to ensure the privacy of the | ||||||
18 | voter. | ||||||
19 | (2) less than 3,000,000, the sheriff may establish a | ||||||
20 | temporary branch polling place at the county jail. Only a | ||||||
21 | resident of a county who is in custody at the county jail | ||||||
22 | and who has not been convicted of the offense for which the | ||||||
23 | resident is in custody is eligible to vote at a temporary | ||||||
24 | branch polling place established under this paragraph (2). | ||||||
25 | A temporary branch polling place established under this | ||||||
26 | paragraph (2) shall allow a voter to vote in the same |
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1 | elections that the voter would be entitled to vote in | ||||||
2 | where the voter resides. To the maximum extent feasible, | ||||||
3 | voting booths or screens shall be provided to ensure the | ||||||
4 | privacy of the voter. | ||||||
5 | All provisions of this Code applicable to pollwatchers | ||||||
6 | shall apply to a temporary branch polling place under this | ||||||
7 | subsection (e), subject to approval from the election | ||||||
8 | authority and the county jail, except that nonpartisan | ||||||
9 | pollwatchers shall be limited to one per division within the | ||||||
10 | jail instead of one per precinct. A county that establishes a | ||||||
11 | temporary branch polling place inside a county jail in | ||||||
12 | accordance with this subsection (e) shall adhere to all | ||||||
13 | requirements of this subsection (e). All requirements of the | ||||||
14 | federal Voting Rights Act of 1965 and Sections 203 and 208 of | ||||||
15 | the federal Americans with Disabilities Act shall apply to | ||||||
16 | this subsection (e). | ||||||
17 | (Source: P.A. 101-442, eff. 1-1-20; 102-15, eff. 6-17-21.)
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18 | Section 15. The Unified Code of Corrections is amended by | ||||||
19 | changing Sections 3-14-1 and 5-5-5 as follows:
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20 | (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
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21 | Sec. 3-14-1. Release from the institution.
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22 | (a) Upon release of a person on parole, mandatory release, | ||||||
23 | final
discharge or pardon the Department shall return all | ||||||
24 | property held for
him, provide him with suitable clothing and |
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1 | procure necessary
transportation for him to his designated | ||||||
2 | place of residence and
employment. It may provide such person | ||||||
3 | with a grant of money for travel and
expenses which may be paid | ||||||
4 | in installments. The amount of the money grant
shall be | ||||||
5 | determined by the Department.
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6 | (a-1) The Department shall, before a wrongfully imprisoned | ||||||
7 | person, as defined in Section 3-1-2 of this Code, is | ||||||
8 | discharged from the Department, provide him or her with any | ||||||
9 | documents necessary after discharge. | ||||||
10 | (a-2) The Department of Corrections may establish and | ||||||
11 | maintain, in any institution
it administers, revolving funds | ||||||
12 | to be known as "Travel and Allowances Revolving
Funds". These | ||||||
13 | revolving funds shall be used for advancing travel and expense
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14 | allowances to committed, paroled, and discharged prisoners. | ||||||
15 | The moneys
paid into such revolving funds shall be from | ||||||
16 | appropriations to the Department
for Committed, Paroled, and | ||||||
17 | Discharged Prisoners.
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18 | (a-3) (Blank). Upon release of a person who is eligible to | ||||||
19 | vote on parole, mandatory release, final discharge, or pardon, | ||||||
20 | the Department shall provide the person with a form that | ||||||
21 | informs him or her that his or her voting rights have been | ||||||
22 | restored and a voter registration application. The Department | ||||||
23 | shall have available voter registration applications in the | ||||||
24 | languages provided by the Illinois State Board of Elections. | ||||||
25 | The form that informs the person that his or her rights have | ||||||
26 | been restored shall include the following information: |
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1 | (1) All voting rights are restored upon release from | ||||||
2 | the Department's custody. | ||||||
3 | (2) A person who is eligible to vote must register in | ||||||
4 | order to be able to vote. | ||||||
5 | The Department of Corrections shall confirm that the | ||||||
6 | person received the voter registration application and has | ||||||
7 | been informed that his or her voting rights have been | ||||||
8 | restored. | ||||||
9 | (a-4) (a-3) Prior to release of a person on parole, | ||||||
10 | mandatory supervised release, final discharge, or pardon, the | ||||||
11 | Department shall screen every person for Medicaid eligibility. | ||||||
12 | Officials of the correctional institution or facility where | ||||||
13 | the committed person is assigned shall assist an eligible | ||||||
14 | person to complete a Medicaid application to ensure that the | ||||||
15 | person begins receiving benefits as soon as possible after his | ||||||
16 | or her release. The application must include the eligible | ||||||
17 | person's address associated with his or her residence upon | ||||||
18 | release from the facility. If the residence is temporary, the | ||||||
19 | eligible person must notify the Department of Human Services | ||||||
20 | of his or her change in address upon transition to permanent | ||||||
21 | housing. | ||||||
22 | (b) (Blank).
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23 | (c) Except as otherwise provided in this Code, the | ||||||
24 | Department shall
establish procedures to provide written | ||||||
25 | notification of any release of any
person who has been | ||||||
26 | convicted of a felony to the State's Attorney
and sheriff of |
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1 | the county from which the offender was committed, and the
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2 | State's Attorney and sheriff of the county into which the | ||||||
3 | offender is to be
paroled or released. Except as otherwise | ||||||
4 | provided in this Code, the
Department shall establish | ||||||
5 | procedures to provide written notification to
the proper law | ||||||
6 | enforcement agency for any municipality of any release of any
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7 | person who has been convicted of a felony if the arrest of the | ||||||
8 | offender or the
commission of the offense took place in the | ||||||
9 | municipality, if the offender is to
be paroled or released | ||||||
10 | into the municipality, or if the offender resided in the
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11 | municipality at the time of the commission of the offense. If a | ||||||
12 | person
convicted of a felony who is in the custody of the | ||||||
13 | Department of Corrections or
on parole or mandatory supervised | ||||||
14 | release informs the Department that he or she
has resided, | ||||||
15 | resides, or will
reside at an address that is a housing | ||||||
16 | facility owned, managed,
operated, or leased by a public | ||||||
17 | housing agency, the Department must send
written notification | ||||||
18 | of that information to the public housing agency that
owns, | ||||||
19 | manages, operates, or leases the housing facility. The written
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20 | notification shall, when possible, be given at least 14 days | ||||||
21 | before release of
the person from custody, or as soon | ||||||
22 | thereafter as possible. The written notification shall be | ||||||
23 | provided electronically if the State's Attorney, sheriff, | ||||||
24 | proper law enforcement agency, or public housing agency has | ||||||
25 | provided the Department with an accurate and up to date email | ||||||
26 | address.
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1 | (c-1) (Blank). | ||||||
2 | (c-2) The Department shall establish procedures to provide | ||||||
3 | notice to the Department of State Police of the release or | ||||||
4 | discharge of persons convicted of violations of the | ||||||
5 | Methamphetamine Control and Community
Protection Act or a | ||||||
6 | violation of the Methamphetamine Precursor Control Act. The | ||||||
7 | Department of State Police shall make this information | ||||||
8 | available to local, State, or federal law enforcement agencies | ||||||
9 | upon request. | ||||||
10 | (c-5) 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 copies of the | ||||||
15 | following information to the appropriate licensing or | ||||||
16 | regulating Department and the licensed or regulated facility | ||||||
17 | where the person becomes a resident: | ||||||
18 | (1) The mittimus and any pre-sentence investigation | ||||||
19 | reports. | ||||||
20 | (2) The social evaluation prepared pursuant to Section | ||||||
21 | 3-8-2. | ||||||
22 | (3) Any pre-release evaluation conducted pursuant to | ||||||
23 | subsection (j) of Section 3-6-2. | ||||||
24 | (4) Reports of disciplinary infractions and | ||||||
25 | dispositions. | ||||||
26 | (5) Any parole plan, including orders issued by the |
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1 | Prisoner Review Board, and any violation reports and | ||||||
2 | dispositions. | ||||||
3 | (6) The name and contact information for the assigned | ||||||
4 | parole agent and parole supervisor.
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5 | This information shall be provided within 3 days of the | ||||||
6 | person becoming a resident of the facility.
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7 | (c-10) If a person on parole or mandatory supervised | ||||||
8 | release becomes a resident of a facility licensed or regulated | ||||||
9 | by the Department of Public Health, the Illinois Department of | ||||||
10 | Public Aid, or the Illinois Department of Human Services, the | ||||||
11 | Department of Corrections shall provide written notification | ||||||
12 | of such residence to the following: | ||||||
13 | (1) The Prisoner Review Board. | ||||||
14 | (2) The
chief of police and sheriff in the | ||||||
15 | municipality and county in which the licensed facility is | ||||||
16 | located. | ||||||
17 | The notification shall be provided within 3 days of the | ||||||
18 | person becoming a resident of the facility.
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19 | (d) Upon the release of a committed person on parole, | ||||||
20 | mandatory
supervised release, final discharge or pardon, the | ||||||
21 | Department shall provide
such person with information | ||||||
22 | concerning programs and services of the
Illinois Department of | ||||||
23 | Public Health to ascertain whether such person has
been | ||||||
24 | exposed to the human immunodeficiency virus (HIV) or any | ||||||
25 | identified
causative agent of Acquired Immunodeficiency | ||||||
26 | Syndrome (AIDS).
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1 | (e) Upon the release of a committed person on parole, | ||||||
2 | mandatory supervised
release, final discharge, pardon, or who | ||||||
3 | has been wrongfully imprisoned, the Department shall verify | ||||||
4 | the released person's full name, date of birth, and social | ||||||
5 | security number. If verification is made by the Department by | ||||||
6 | obtaining a certified copy of the released person's birth | ||||||
7 | certificate and the released person's social security card or | ||||||
8 | other documents authorized by the Secretary, the Department | ||||||
9 | shall provide the birth certificate and social security card | ||||||
10 | or other documents authorized by the Secretary to the released | ||||||
11 | person. If verification by the Department is done by means | ||||||
12 | other than obtaining a certified copy of the released person's | ||||||
13 | birth certificate and the released person's social security | ||||||
14 | card or other documents authorized by the Secretary, the | ||||||
15 | Department shall complete a verification form, prescribed by | ||||||
16 | the Secretary of State, and shall provide that verification | ||||||
17 | form to the released person.
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18 | (f) Forty-five days prior to the scheduled discharge of a | ||||||
19 | person committed to the custody of the Department of | ||||||
20 | Corrections, the Department shall give the person who is | ||||||
21 | otherwise uninsured an opportunity to apply for health care | ||||||
22 | coverage including medical assistance under Article V of the | ||||||
23 | Illinois Public Aid Code in accordance with subsection (b) of | ||||||
24 | Section 1-8.5 of the Illinois Public Aid Code, and the | ||||||
25 | Department of Corrections shall provide assistance with | ||||||
26 | completion of the application for health care coverage |
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1 | including medical assistance. The Department may adopt rules | ||||||
2 | to implement this Section. | ||||||
3 | (Source: P.A. 101-351, eff. 1-1-20; 101-442, eff. 1-1-20; | ||||||
4 | revised 9-9-19.)
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5 | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
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6 | Sec. 5-5-5. Loss and restoration of rights.
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7 | (a) Conviction and disposition shall not entail the loss | ||||||
8 | by the
defendant of any civil rights, except under this | ||||||
9 | Section and Sections 29-6
and 29-10 of The Election Code, as | ||||||
10 | now or hereafter amended.
| ||||||
11 | (b) A person convicted of a felony shall be ineligible to | ||||||
12 | hold an office
created by the Constitution of this State until | ||||||
13 | the completion of his sentence.
| ||||||
14 | (c) A person convicted of a felony or otherwise under | ||||||
15 | sentence in a correctional institution or jail shall have his | ||||||
16 | or her right to vote restored not later than 14 days following | ||||||
17 | his or her conviction sentenced to imprisonment shall lose his | ||||||
18 | right to vote
until released from imprisonment .
| ||||||
19 | (d) On completion of sentence of imprisonment or upon | ||||||
20 | discharge from
probation, conditional discharge or periodic | ||||||
21 | imprisonment, or at any time
thereafter, all license rights | ||||||
22 | and privileges
granted under the authority of this State which | ||||||
23 | have been revoked or
suspended because of conviction of an | ||||||
24 | offense shall be restored unless the
authority having | ||||||
25 | jurisdiction of such license rights finds after
investigation |
| |||||||
| |||||||
1 | and hearing that restoration is not in the public interest.
| ||||||
2 | This paragraph (d) shall not apply to the suspension or | ||||||
3 | revocation of a
license to operate a motor vehicle under the | ||||||
4 | Illinois Vehicle Code.
| ||||||
5 | (e) Upon a person's discharge from incarceration or | ||||||
6 | parole, or upon a
person's discharge from probation or at any | ||||||
7 | time thereafter, the committing
court may enter an order | ||||||
8 | certifying that the sentence has been
satisfactorily completed | ||||||
9 | when the court believes it would assist in the
rehabilitation | ||||||
10 | of the person and be consistent with the public welfare.
Such | ||||||
11 | order may be entered upon the motion of the defendant or the | ||||||
12 | State or
upon the court's own motion.
| ||||||
13 | (f) Upon entry of the order, the court shall issue to the | ||||||
14 | person in
whose favor the order has been entered a certificate | ||||||
15 | stating that his
behavior after conviction has warranted the | ||||||
16 | issuance of the order.
| ||||||
17 | (g) This Section shall not affect the right of a defendant | ||||||
18 | to
collaterally attack his conviction or to rely on it in bar | ||||||
19 | of subsequent
proceedings for the same offense.
| ||||||
20 | (h) No application for any license specified in subsection | ||||||
21 | (i) of this
Section granted under the
authority of this State | ||||||
22 | shall be denied by reason of an eligible offender who
has | ||||||
23 | obtained a certificate of relief from disabilities, as
defined | ||||||
24 | in Article 5.5 of this Chapter, having been previously | ||||||
25 | convicted of one
or more
criminal offenses, or by reason of a | ||||||
26 | finding of lack of "good moral
character" when the finding is |
| |||||||
| |||||||
1 | based upon the fact that the applicant has
previously been | ||||||
2 | convicted of one or more criminal offenses, unless:
| ||||||
3 | (1) there is a direct relationship between one or more | ||||||
4 | of the previous
criminal offenses and the specific license | ||||||
5 | sought; or
| ||||||
6 | (2) the issuance of the license would
involve an | ||||||
7 | unreasonable risk to property or to the safety or welfare | ||||||
8 | of
specific individuals or the general public.
| ||||||
9 | In making such a determination, the licensing agency shall | ||||||
10 | consider the
following factors:
| ||||||
11 | (1) the public policy of this State, as expressed in | ||||||
12 | Article 5.5 of this
Chapter, to encourage the licensure | ||||||
13 | and employment of persons previously
convicted of one or | ||||||
14 | more criminal offenses;
| ||||||
15 | (2) the specific duties and responsibilities | ||||||
16 | necessarily related to the
license being sought;
| ||||||
17 | (3) the bearing, if any, the criminal offenses or | ||||||
18 | offenses for which the
person
was previously convicted | ||||||
19 | will have on his or her fitness or ability to perform
one | ||||||
20 | or
more such duties and responsibilities;
| ||||||
21 | (4) the time which has elapsed since the occurrence of | ||||||
22 | the criminal
offense or offenses;
| ||||||
23 | (5) the age of the person at the time of occurrence of | ||||||
24 | the criminal
offense or offenses;
| ||||||
25 | (6) the seriousness of the offense or offenses;
| ||||||
26 | (7) any information produced by the person or produced |
| |||||||
| |||||||
1 | on his or her
behalf in
regard to his or her rehabilitation | ||||||
2 | and good conduct, including a certificate
of relief from | ||||||
3 | disabilities issued to the applicant, which certificate | ||||||
4 | shall
create a presumption of rehabilitation in regard to | ||||||
5 | the offense or offenses
specified in the certificate; and
| ||||||
6 | (8) the legitimate interest of the licensing agency in | ||||||
7 | protecting
property, and
the safety and welfare of | ||||||
8 | specific individuals or the general public.
| ||||||
9 | (i) A certificate of relief from disabilities shall be | ||||||
10 | issued only
for a
license or certification issued under the | ||||||
11 | following Acts:
| ||||||
12 | (1) the Animal Welfare Act; except that a certificate | ||||||
13 | of relief from
disabilities may not be granted
to provide | ||||||
14 | for
the
issuance or restoration of a license under the | ||||||
15 | Animal Welfare Act for any
person convicted of violating | ||||||
16 | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane | ||||||
17 | Care for Animals Act or Section 26-5 or 48-1 of the | ||||||
18 | Criminal Code of
1961 or the Criminal Code of 2012;
| ||||||
19 | (2) the Illinois Athletic Trainers Practice Act;
| ||||||
20 | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, | ||||||
21 | and Nail Technology Act of 1985;
| ||||||
22 | (4) the Boiler and Pressure Vessel Repairer Regulation | ||||||
23 | Act;
| ||||||
24 | (5) the Boxing and Full-contact Martial Arts Act;
| ||||||
25 | (6) the Illinois Certified Shorthand Reporters Act of | ||||||
26 | 1984;
|
| |||||||
| |||||||
1 | (7) the Illinois Farm Labor Contractor Certification | ||||||
2 | Act;
| ||||||
3 | (8) the Registered Interior Designers Act;
| ||||||
4 | (9) the Illinois Professional Land Surveyor Act of | ||||||
5 | 1989;
| ||||||
6 | (10) the Landscape Architecture Registration Act;
| ||||||
7 | (11) the Marriage and Family Therapy Licensing Act;
| ||||||
8 | (12) the Private Employment Agency Act;
| ||||||
9 | (13) the Professional Counselor and Clinical | ||||||
10 | Professional Counselor
Licensing and Practice
Act;
| ||||||
11 | (14) the Real Estate License Act of 2000;
| ||||||
12 | (15) the Illinois Roofing Industry Licensing Act; | ||||||
13 | (16) the Professional Engineering Practice Act of | ||||||
14 | 1989; | ||||||
15 | (17) the Water Well and Pump Installation Contractor's | ||||||
16 | License Act; | ||||||
17 | (18) the Electrologist Licensing Act;
| ||||||
18 | (19) the Auction License Act; | ||||||
19 | (20) the Illinois Architecture Practice Act of 1989; | ||||||
20 | (21) the Dietitian Nutritionist Practice Act; | ||||||
21 | (22) the Environmental Health Practitioner Licensing | ||||||
22 | Act; | ||||||
23 | (23) the Funeral Directors and Embalmers Licensing | ||||||
24 | Code; | ||||||
25 | (24) (blank); | ||||||
26 | (25) the Professional Geologist Licensing Act; |
| |||||||
| |||||||
1 | (26) the Illinois Public Accounting Act; and | ||||||
2 | (27) the Structural Engineering Practice Act of 1989.
| ||||||
3 | (Source: P.A. 102-284, eff. 8-6-21.)
| ||||||
4 | Section 99. Effective date. This Act takes effect June 1, | ||||||
5 | 2022.".
|