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1 | AN ACT concerning elections.
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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 5. The Illinois Administrative Procedure Act is | |||||||||||||||||||||||||||||||||
5 | amended by adding Section 5-45.35 as follows: | |||||||||||||||||||||||||||||||||
6 | (5 ILCS 100/5-45.35 new) | |||||||||||||||||||||||||||||||||
7 | Sec. 5-45.35. Emergency rulemaking. To provide for the | |||||||||||||||||||||||||||||||||
8 | expeditious and timely implementation of the
changes made to | |||||||||||||||||||||||||||||||||
9 | the Election
Code and the Unified Code of
Corrections by this | |||||||||||||||||||||||||||||||||
10 | amendatory Act of the 102nd General
Assembly, emergency rules | |||||||||||||||||||||||||||||||||
11 | implementing those changes may be adopted in accordance with | |||||||||||||||||||||||||||||||||
12 | Section 5-45 by the State Board of Elections, except that the | |||||||||||||||||||||||||||||||||
13 | 24-month limitation on the
adoption of emergency rules and the | |||||||||||||||||||||||||||||||||
14 | provisions of Sections
5-115 and 5-125 do not apply to rules | |||||||||||||||||||||||||||||||||
15 | adopted under this
Section. The adoption of emergency rules | |||||||||||||||||||||||||||||||||
16 | authorized by Section 5-45 and this Section is deemed to be | |||||||||||||||||||||||||||||||||
17 | necessary for the public interest, safety, and welfare. | |||||||||||||||||||||||||||||||||
18 | This Section is repealed one year after the effective date | |||||||||||||||||||||||||||||||||
19 | of this amendatory Act of the 103rd General Assembly. | |||||||||||||||||||||||||||||||||
20 | Section 10. The Election Code is amended by changing | |||||||||||||||||||||||||||||||||
21 | Sections 3-5, 19-2.5, and 19A-20 and by adding Sections 1-22 | |||||||||||||||||||||||||||||||||
22 | and 1-23 as follows: |
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| |||||||
1 | (10 ILCS 5/1-22 new) | ||||||
2 | Sec. 1-22. Post-conviction voting. | ||||||
3 | (a) As used in this Section, "correctional institution"
| ||||||
4 | means any place used to house persons under state supervision | ||||||
5 | or custody,
including, but not limited to, state, federal, or | ||||||
6 | juvenile
facilities, adult transition centers, halfway houses, | ||||||
7 | and
other reentry or rehabilitation programs. | ||||||
8 | (b) A person convicted of a felony, or otherwise under
| ||||||
9 | sentence in a correctional institution or jail, shall have his
| ||||||
10 | or her right to vote restored and shall be eligible to vote not
| ||||||
11 | later than 14 days following his or her conviction.
Persons | ||||||
12 | under any form of
state supervision or custody who are | ||||||
13 | disqualified from voting shall have
their right to vote | ||||||
14 | restored under this Section, including,
but not limited to: | ||||||
15 | persons incarcerated in State, federal, or
juvenile | ||||||
16 | facilities; persons on probation or parole; persons on | ||||||
17 | mandatory supervised release; persons
on work release; persons | ||||||
18 | on furlough; persons released on
electronic monitoring; | ||||||
19 | persons housed in adult transition
centers, halfway houses, or | ||||||
20 | other reentry or rehabilitation
programs; and persons owing | ||||||
21 | court fines or fees. Persons may
not be denied the right to | ||||||
22 | vote because of a past criminal
conviction. | ||||||
23 | (c) Each local election authority shall coordinate with | ||||||
24 | the
correctional institution, Illinois Department of | ||||||
25 | Corrections, and other correctional agencies incarcerating |
| |||||||
| |||||||
1 | eligible voters to facilitate voting by mail for those voters | ||||||
2 | eligible to vote in that election
jurisdiction who are | ||||||
3 | incarcerated in the correctional
institution. | ||||||
4 | (d) All requirements of the federal Voting Rights Act of
| ||||||
5 | 1965, including Sections 203 and 208, State and local language
| ||||||
6 | access requirements, and the federal Americans with
| ||||||
7 | Disabilities Act and State and local disability access
| ||||||
8 | requirements shall also apply to voting under this Section. | ||||||
9 | The correctional
institution shall make available to persons | ||||||
10 | in its custody voter registration
applications, vote by mail | ||||||
11 | ballot applications, vote by mail
ballots received at the | ||||||
12 | institution from the local election authority, and other | ||||||
13 | election materials in the languages
provided by the State | ||||||
14 | Board of Elections and local election
authorities. | ||||||
15 | (e) The correctional institution shall make available to a
| ||||||
16 | person in its custody current election resource material, | ||||||
17 | maintained by the State Board of Elections,
containing | ||||||
18 | detailed information regarding the voting rights of
a person | ||||||
19 | with a criminal conviction in the following formats:
(1) in | ||||||
20 | print; (2) on the correctional institution's website;
and (3) | ||||||
21 | in a visible location on the premises of each
correctional | ||||||
22 | institution where notices are customarily posted.
The | ||||||
23 | correctional institution shall also make available to a person | ||||||
24 | in its custody current election resource material from a local | ||||||
25 | election authority that is requested by that person in its | ||||||
26 | custody and received at the correctional institution from the |
| |||||||
| |||||||
1 | local election authority in response to that person's request. | ||||||
2 | The correctional institution shall provide resource materials
| ||||||
3 | to a person in its custody upon intake and release of the
| ||||||
4 | person on parole, mandatory supervised release, final
| ||||||
5 | discharge, or pardon from the correctional institution. | ||||||
6 | (f) By December 31, 2023 and by December 31 of each year | ||||||
7 | thereafter, the State Board of Elections, in
coordination and | ||||||
8 | cooperation with correctional institutions and local election | ||||||
9 | authorities, shall prepare a report containing data concerning | ||||||
10 | compliance with this Section,
including the number of voter | ||||||
11 | registrations, vote by mail ballot
applications, vote by mail | ||||||
12 | ballots completed, and voter education packets delivered. | ||||||
13 | (g) A person who has left the person's residence as part of | ||||||
14 | the person's confinement in a
correctional institution and who | ||||||
15 | has not established another
residence for voter registration | ||||||
16 | purposes may not be
considered to have changed or lost | ||||||
17 | residence. The person may
register to vote at the address of | ||||||
18 | the person's last place of residence before the person's | ||||||
19 | confinement in a
correctional institution. | ||||||
20 | (h) The provisions of this Section shall apply to all
| ||||||
21 | elections beginning with the general election in 2024. | ||||||
22 | (i) The State Board of Elections may adopt rules,
| ||||||
23 | including emergency rules, to implement the provisions of this | ||||||
24 | Section. | ||||||
25 | (10 ILCS 5/1-23 new) |
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| |||||||
1 | Sec. 1-23. Post-Conviction Task Force. | ||||||
2 | (a) The Post-Conviction Task Force is created to | ||||||
3 | strengthen and improve implementation of
the provisions of | ||||||
4 | Section 1-22 that restore the right to vote
to a person | ||||||
5 | convicted of a felony, or otherwise under
sentence in a | ||||||
6 | correctional institution or jail, and to provide
voting access | ||||||
7 | while under sentence in a correctional
institution or jail. | ||||||
8 | (b) The members of the Task Force shall be as follows: | ||||||
9 | (1) the Chair of the State Board of Elections, or the | ||||||
10 | Chair's designee, who shall serve as Chair of the Task
| ||||||
11 | Force; | ||||||
12 | (2) the Director of Corrections, or the Director's
| ||||||
13 | designee; | ||||||
14 | (3) the Secretary of State, or the Secretary of | ||||||
15 | State's designee; | ||||||
16 | (4) a representative from a statewide organization
| ||||||
17 | that represents county clerks, appointed by the chair of
| ||||||
18 | the State Board of Elections; | ||||||
19 | (5) a representative from 2 separate Illinois | ||||||
20 | organizations
advocating against voter | ||||||
21 | disenfranchisement, with one representative appointed by
| ||||||
22 | the President of the Senate and one representative | ||||||
23 | appointed by the Speaker of the House of Representatives; | ||||||
24 | and | ||||||
25 | (6) 4 members from the General Assembly, with one
| ||||||
26 | member appointed by the President of the Senate, one
|
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| |||||||
1 | member appointed by the Senate Minority Leader, one member
| ||||||
2 | appointed by the Speaker of the House of Representatives,
| ||||||
3 | and one member appointed by the House Minority Leader. | ||||||
4 | (c) The State Board of Elections shall provide
| ||||||
5 | administrative and other support to the Task Force. | ||||||
6 | (d) On or before July 1, 2023, the Task Force members shall | ||||||
7 | be appointed. On or before September 1, 2023, the Task Force | ||||||
8 | shall
prepare a status report that summarizes its work and | ||||||
9 | makes
recommendations on the implementation of provisions | ||||||
10 | restoring voting
rights to a person convicted of a felony or | ||||||
11 | otherwise under
sentence in a correctional institution or jail | ||||||
12 | and providing
access to vote while under sentence in a | ||||||
13 | correctional
institution or jail. On or before January 1, | ||||||
14 | 2024, the Task Force shall prepare a comprehensive report that | ||||||
15 | summarizes its work and the implementation and administration | ||||||
16 | of the 2024 general election. The report shall include
| ||||||
17 | recommendations for strengthening and improving implementation | ||||||
18 | of restoring voting
rights to a person convicted of a felony or | ||||||
19 | otherwise under
sentence in a correctional institution or jail | ||||||
20 | and providing
access to vote while under sentence in a | ||||||
21 | correctional
institution. | ||||||
22 | (e) The Task Force is dissolved and this Section is
| ||||||
23 | repealed on January 1, 2026. | ||||||
24 | (10 ILCS 5/3-5) (from Ch. 46, par. 3-5)
| ||||||
25 | Sec. 3-5. Confinement or detention in a jail. No person |
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| |||||||
1 | who has been legally convicted, in this
or another state or in | ||||||
2 | any federal court, of any crime, and
is serving a sentence of | ||||||
3 | confinement in any penal institution,
or who has been | ||||||
4 | convicted under any Section of this Code and is
serving a | ||||||
5 | sentence of confinement in any penal institution,
shall vote, | ||||||
6 | offer to vote, attempt to vote or be permitted
to vote at any | ||||||
7 | election until his release from confinement.
| ||||||
8 | Confinement for purposes of this Section shall include any
| ||||||
9 | person convicted and imprisoned but granted a furlough as
| ||||||
10 | provided by Section 3-11-1 of the Unified Code of Corrections,
| ||||||
11 | or admitted to a work release program as provided by Section
| ||||||
12 | 3-13-2 of the Unified Code of Corrections. Confinement shall
| ||||||
13 | not include any person convicted and imprisoned but released | ||||||
14 | on parole.
| ||||||
15 | Confinement or detention in a jail pending acquittal or
| ||||||
16 | conviction of a crime is not a disqualification for voting.
| ||||||
17 | (Source: P.A. 100-863, eff. 8-14-18.)
| ||||||
18 | (10 ILCS 5/19-2.5) | ||||||
19 | Sec. 19-2.5. Notice for vote by mail ballot. | ||||||
20 | (a) An election authority shall notify all qualified | ||||||
21 | voters, not more than 90 days nor less than 45 days before a | ||||||
22 | general or consolidated election, of the option for permanent | ||||||
23 | vote by mail status using the following notice and including | ||||||
24 | the application for permanent vote by mail status in | ||||||
25 | subsection (b) of Section 19-3: |
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| |||||||
1 | "You may apply to permanently be placed on vote by mail | ||||||
2 | status using the attached application.".
| ||||||
3 | (b) A person completing a voter registration application
| ||||||
4 | or submitting a change of address shall be notified of the
| ||||||
5 | option to receive a vote by mail ballot. Upon request of the
| ||||||
6 | person, the voter registration application or change of | ||||||
7 | address form shall serve as an application to
receive an | ||||||
8 | official vote by mail ballot, and the individual
need not | ||||||
9 | complete a separate vote by mail application. An elector who | ||||||
10 | is a resident
of a location covered by Section 203 of the | ||||||
11 | federal Voting
Rights Act of 1965 or local language access | ||||||
12 | requirements must
be offered a voter registration application | ||||||
13 | in a language of the applicable minority group and must be able | ||||||
14 | to request a vote by mail ballot in
the language of the | ||||||
15 | applicable minority group. Upon processing the voter | ||||||
16 | registration application and accepting the application without | ||||||
17 | rejection, the
election authority shall provide the individual | ||||||
18 | with an
official vote by mail ballot for the next occurring | ||||||
19 | election. | ||||||
20 | (Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21.) | ||||||
21 | (10 ILCS 5/19A-20)
| ||||||
22 | Sec. 19A-20. Temporary branch polling places.
| ||||||
23 | (a) In addition to permanent polling places for early | ||||||
24 | voting, the election
authority may establish temporary branch | ||||||
25 | polling places for early voting.
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| |||||||
1 | (b) The provisions of subsection (b) of Section 19A-15 do | ||||||
2 | not apply to a
temporary polling place. Voting at a temporary | ||||||
3 | branch polling place may be
conducted on any one or more days | ||||||
4 | and during any hours within the period for
early voting by | ||||||
5 | personal appearance that are determined by the election
| ||||||
6 | authority.
| ||||||
7 | (c) The schedules for conducting voting do not need to be | ||||||
8 | uniform among the
temporary branch polling places.
| ||||||
9 | (d) The legal rights and remedies which inure to the owner | ||||||
10 | or lessor of
private property are not impaired or otherwise | ||||||
11 | affected by the leasing of the
property for use as a temporary | ||||||
12 | branch polling place for early voting, except
to the extent | ||||||
13 | necessary to conduct early voting at that location.
| ||||||
14 | (e) In a county with a population of: | ||||||
15 | (1) 3,000,000 or more, the election authority in the | ||||||
16 | county shall establish a temporary branch polling place | ||||||
17 | under this Section in the county jail. Only a resident of a | ||||||
18 | county who is in custody at the county jail and who has not | ||||||
19 | been convicted of the offense for which the resident is in | ||||||
20 | custody is eligible to vote at a temporary branch polling | ||||||
21 | place established under this paragraph (1). The temporary | ||||||
22 | branch polling place established under this paragraph (1) | ||||||
23 | shall allow a voter to vote in the same elections that the | ||||||
24 | voter would be entitled to vote in where the voter | ||||||
25 | resides , except that a voter entitled to vote in another | ||||||
26 | county, other than the county in which the jail is |
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| |||||||
1 | located, shall be allowed to vote only by mail . To the | ||||||
2 | maximum extent feasible, voting booths or screens shall be | ||||||
3 | provided to ensure the privacy of the voter. | ||||||
4 | (2) less than 3,000,000, the sheriff may establish a | ||||||
5 | temporary branch polling place at the county jail. Only a | ||||||
6 | resident of a county who is in custody at the county jail | ||||||
7 | and who has not been convicted of the offense for which the | ||||||
8 | resident is in custody is eligible to vote at a temporary | ||||||
9 | branch polling place established under this paragraph (2). | ||||||
10 | A temporary branch polling place established under this | ||||||
11 | paragraph (2) shall allow a voter to vote in the same | ||||||
12 | elections that the voter would be entitled to vote in | ||||||
13 | where the voter resides , except that a voter entitled to | ||||||
14 | vote in another county, other than the county in which the | ||||||
15 | jail is located, shall be allowed to vote only by mail . To | ||||||
16 | the maximum extent feasible, voting booths or screens | ||||||
17 | shall be provided to ensure the privacy of the voter. | ||||||
18 | All provisions of this Code applicable to pollwatchers | ||||||
19 | shall apply to a temporary branch polling place under this | ||||||
20 | subsection (e), subject to approval from the election | ||||||
21 | authority and the county jail, except that nonpartisan | ||||||
22 | pollwatchers shall be limited to one per division within the | ||||||
23 | jail instead of one per precinct. A county that establishes a | ||||||
24 | temporary branch polling place inside a county jail in | ||||||
25 | accordance with this subsection (e) shall adhere to all | ||||||
26 | requirements of this subsection (e). All requirements of the |
| |||||||
| |||||||
1 | federal Voting Rights Act of 1965 and Sections 203 and 208 of | ||||||
2 | the federal Americans with Disabilities Act shall apply to | ||||||
3 | this subsection (e). | ||||||
4 | (Source: P.A. 101-442, eff. 1-1-20; 102-15, eff. 6-17-21.)
| ||||||
5 | Section 15. The Unified Code of Corrections is amended by | ||||||
6 | changing Sections 3-14-1 and 5-5-5 as follows:
| ||||||
7 | (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
| ||||||
8 | Sec. 3-14-1. Release from the institution.
| ||||||
9 | (a) Upon release of a person on parole, mandatory release, | ||||||
10 | final
discharge, or pardon, the Department shall return all | ||||||
11 | property held for
him, provide him with suitable clothing and | ||||||
12 | procure necessary
transportation for him to his designated | ||||||
13 | place of residence and
employment. It may provide such person | ||||||
14 | with a grant of money for travel and
expenses which may be paid | ||||||
15 | in installments. The amount of the money grant
shall be | ||||||
16 | determined by the Department.
| ||||||
17 | (a-1) The Department shall, before a wrongfully imprisoned | ||||||
18 | person, as defined in Section 3-1-2 of this Code, is | ||||||
19 | discharged from the Department, provide him or her with any | ||||||
20 | documents necessary after discharge. | ||||||
21 | (a-2) The Department of Corrections may establish and | ||||||
22 | maintain, in any institution
it administers, revolving funds | ||||||
23 | to be known as "Travel and Allowances Revolving
Funds". These | ||||||
24 | revolving funds shall be used for advancing travel and expense
|
| |||||||
| |||||||
1 | allowances to committed, paroled, and discharged prisoners. | ||||||
2 | The moneys
paid into such revolving funds shall be from | ||||||
3 | appropriations to the Department
for Committed, Paroled, and | ||||||
4 | Discharged Prisoners.
| ||||||
5 | (a-3) (Blank). Upon release of a person who is eligible to | ||||||
6 | vote on parole, mandatory release, final discharge, or pardon, | ||||||
7 | the Department shall provide the person with a form that | ||||||
8 | informs him or her that his or her voting rights have been | ||||||
9 | restored and a voter registration application. The Department | ||||||
10 | shall have available voter registration applications in the | ||||||
11 | languages provided by the Illinois State Board of Elections. | ||||||
12 | The form that informs the person that his or her rights have | ||||||
13 | been restored shall include the following information: | ||||||
14 | (1) All voting rights are restored upon release from | ||||||
15 | the Department's custody. | ||||||
16 | (2) A person who is eligible to vote must register in | ||||||
17 | order to be able to vote. | ||||||
18 | The Department of Corrections shall confirm that the | ||||||
19 | person received the voter registration application and has | ||||||
20 | been informed that his or her voting rights have been | ||||||
21 | restored. | ||||||
22 | (a-4) Prior to release of a person on parole, mandatory | ||||||
23 | supervised release, final discharge, or pardon, the Department | ||||||
24 | shall screen every person for Medicaid eligibility. Officials | ||||||
25 | of the correctional institution or facility where the | ||||||
26 | committed person is assigned shall assist an eligible person |
| |||||||
| |||||||
1 | to complete a Medicaid application to ensure that the person | ||||||
2 | begins receiving benefits as soon as possible after his or her | ||||||
3 | release. The application must include the eligible person's | ||||||
4 | address associated with his or her residence upon release from | ||||||
5 | the facility. If the residence is temporary, the eligible | ||||||
6 | person must notify the Department of Human Services of his or | ||||||
7 | her change in address upon transition to permanent housing. | ||||||
8 | (b) (Blank).
| ||||||
9 | (c) Except as otherwise provided in this Code, the | ||||||
10 | Department shall
establish procedures to provide written | ||||||
11 | notification of any release of any
person who has been | ||||||
12 | convicted of a felony to the State's Attorney
and sheriff of | ||||||
13 | the county from which the offender was committed, and the
| ||||||
14 | State's Attorney and sheriff of the county into which the | ||||||
15 | offender is to be
paroled or released. Except as otherwise | ||||||
16 | provided in this Code, the
Department shall establish | ||||||
17 | procedures to provide written notification to
the proper law | ||||||
18 | enforcement agency for any municipality of any release of any
| ||||||
19 | person who has been convicted of a felony if the arrest of the | ||||||
20 | offender or the
commission of the offense took place in the | ||||||
21 | municipality, if the offender is to
be paroled or released | ||||||
22 | into the municipality, or if the offender resided in the
| ||||||
23 | municipality at the time of the commission of the offense. If a | ||||||
24 | person
convicted of a felony who is in the custody of the | ||||||
25 | Department of Corrections or
on parole or mandatory supervised | ||||||
26 | release informs the Department that he or she
has resided, |
| |||||||
| |||||||
1 | resides, or will
reside at an address that is a housing | ||||||
2 | facility owned, managed,
operated, or leased by a public | ||||||
3 | housing agency, the Department must send
written notification | ||||||
4 | of that information to the public housing agency that
owns, | ||||||
5 | manages, operates, or leases the housing facility. The written
| ||||||
6 | notification shall, when possible, be given at least 14 days | ||||||
7 | before release of
the person from custody, or as soon | ||||||
8 | thereafter as possible. The written notification shall be | ||||||
9 | provided electronically if the State's Attorney, sheriff, | ||||||
10 | proper law enforcement agency, or public housing agency has | ||||||
11 | provided the Department with an accurate and up to date email | ||||||
12 | address.
| ||||||
13 | (c-1) (Blank). | ||||||
14 | (c-2) The Department shall establish procedures to provide | ||||||
15 | notice to the Illinois State Police of the release or | ||||||
16 | discharge of persons convicted of violations of the | ||||||
17 | Methamphetamine Control and Community
Protection Act or a | ||||||
18 | violation of the Methamphetamine Precursor Control Act. The | ||||||
19 | Illinois State Police shall make this information available to | ||||||
20 | local, State, or federal law enforcement agencies upon | ||||||
21 | request. | ||||||
22 | (c-5) If a person on parole or mandatory supervised | ||||||
23 | release becomes a resident of a facility licensed or regulated | ||||||
24 | by the Department of Public Health, the Illinois Department of | ||||||
25 | Public Aid, or the Illinois Department of Human Services, the | ||||||
26 | Department of Corrections shall provide copies of the |
| |||||||
| |||||||
1 | following information to the appropriate licensing or | ||||||
2 | regulating Department and the licensed or regulated facility | ||||||
3 | where the person becomes a resident: | ||||||
4 | (1) The mittimus and any pre-sentence investigation | ||||||
5 | reports. | ||||||
6 | (2) The social evaluation prepared pursuant to Section | ||||||
7 | 3-8-2. | ||||||
8 | (3) Any pre-release evaluation conducted pursuant to | ||||||
9 | subsection (j) of Section 3-6-2. | ||||||
10 | (4) Reports of disciplinary infractions and | ||||||
11 | dispositions. | ||||||
12 | (5) Any parole plan, including orders issued by the | ||||||
13 | Prisoner Review Board, and any violation reports and | ||||||
14 | dispositions. | ||||||
15 | (6) The name and contact information for the assigned | ||||||
16 | parole agent and parole supervisor.
| ||||||
17 | This information shall be provided within 3 days of the | ||||||
18 | person becoming a resident of the facility.
| ||||||
19 | (c-10) If a person on parole or mandatory supervised | ||||||
20 | release becomes a resident of a facility licensed or regulated | ||||||
21 | by the Department of Public Health, the Illinois Department of | ||||||
22 | Public Aid, or the Illinois Department of Human Services, the | ||||||
23 | Department of Corrections shall provide written notification | ||||||
24 | of such residence to the following: | ||||||
25 | (1) The Prisoner Review Board. | ||||||
26 | (2) The
chief of police and sheriff in the |
| |||||||
| |||||||
1 | municipality and county in which the licensed facility is | ||||||
2 | located. | ||||||
3 | The notification shall be provided within 3 days of the | ||||||
4 | person becoming a resident of the facility.
| ||||||
5 | (d) Upon the release of a committed person on parole, | ||||||
6 | mandatory
supervised release, final discharge, or pardon, the | ||||||
7 | Department shall provide
such person with information | ||||||
8 | concerning programs and services of the
Illinois Department of | ||||||
9 | Public Health to ascertain whether such person has
been | ||||||
10 | exposed to the human immunodeficiency virus (HIV) or any | ||||||
11 | identified
causative agent of Acquired Immunodeficiency | ||||||
12 | Syndrome (AIDS).
| ||||||
13 | (e) Upon the release of a committed person on parole, | ||||||
14 | mandatory supervised
release, final discharge, pardon, or who | ||||||
15 | has been wrongfully imprisoned, the Department shall verify | ||||||
16 | the released person's full name, date of birth, and social | ||||||
17 | security number. If verification is made by the Department by | ||||||
18 | obtaining a certified copy of the released person's birth | ||||||
19 | certificate and the released person's social security card or | ||||||
20 | other documents authorized by the Secretary, the Department | ||||||
21 | shall provide the birth certificate and social security card | ||||||
22 | or other documents authorized by the Secretary to the released | ||||||
23 | person. If verification by the Department is done by means | ||||||
24 | other than obtaining a certified copy of the released person's | ||||||
25 | birth certificate and the released person's social security | ||||||
26 | card or other documents authorized by the Secretary, the |
| |||||||
| |||||||
1 | Department shall complete a verification form, prescribed by | ||||||
2 | the Secretary of State, and shall provide that verification | ||||||
3 | form to the released person.
| ||||||
4 | (f) Forty-five days prior to the scheduled discharge of a | ||||||
5 | person committed to the custody of the Department of | ||||||
6 | Corrections, the Department shall give the person: | ||||||
7 | (1) who is otherwise uninsured an opportunity to apply | ||||||
8 | for health care coverage including medical assistance | ||||||
9 | under Article V of the Illinois Public Aid Code in | ||||||
10 | accordance with subsection (b) of Section 1-8.5 of the | ||||||
11 | Illinois Public Aid Code, and the Department of | ||||||
12 | Corrections shall provide assistance with completion of | ||||||
13 | the application for health care coverage including medical | ||||||
14 | assistance; | ||||||
15 | (2) information about obtaining a standard Illinois | ||||||
16 | Identification Card or a limited-term Illinois | ||||||
17 | Identification Card under Section 4 of the Illinois | ||||||
18 | Identification Card Act; | ||||||
19 | (3) information about voter registration and may | ||||||
20 | distribute information prepared by the State Board of | ||||||
21 | Elections. The Department of Corrections may enter into an | ||||||
22 | interagency contract with the State Board of Elections to | ||||||
23 | participate in the automatic voter registration program | ||||||
24 | and be a designated automatic voter registration agency | ||||||
25 | under Section 1A-16.2 of the Election Code; | ||||||
26 | (4) information about job listings upon discharge from |
| |||||||
| |||||||
1 | the correctional institution or facility; | ||||||
2 | (5) information about available housing upon discharge | ||||||
3 | from the correctional institution or facility; | ||||||
4 | (6) a directory of elected State officials and of | ||||||
5 | officials elected in the county and municipality, if any, | ||||||
6 | in which the committed person intends to reside upon | ||||||
7 | discharge from the correctional institution or facility; | ||||||
8 | and | ||||||
9 | (7) any other information that the Department of | ||||||
10 | Corrections deems necessary to provide the committed | ||||||
11 | person in order for the committed person to reenter the | ||||||
12 | community and avoid recidivism. | ||||||
13 | The Department may adopt rules to implement this Section. | ||||||
14 | (Source: P.A. 101-351, eff. 1-1-20; 101-442, eff. 1-1-20; | ||||||
15 | 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-606, eff. | ||||||
16 | 1-1-22; 102-813, eff. 5-13-22.)
| ||||||
17 | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
| ||||||
18 | Sec. 5-5-5. Loss and restoration of rights.
| ||||||
19 | (a) Conviction and disposition shall not entail the loss | ||||||
20 | by the
defendant of any civil rights, except under this | ||||||
21 | Section and Sections 29-6
and 29-10 of The Election Code, as | ||||||
22 | now or hereafter amended.
| ||||||
23 | (b) A person convicted of a felony shall be ineligible to | ||||||
24 | hold an office
created by the Constitution of this State until | ||||||
25 | the completion of his sentence.
|
| |||||||
| |||||||
1 | (c) A person convicted of a felony or otherwise under | ||||||
2 | sentence in a correctional institution or jail shall have his | ||||||
3 | or her right to vote restored not later than 14 days following | ||||||
4 | his or her conviction sentenced to imprisonment shall lose his | ||||||
5 | right to vote
until released from imprisonment .
| ||||||
6 | (d) On completion of sentence of imprisonment or upon | ||||||
7 | discharge from
probation, conditional discharge or periodic | ||||||
8 | imprisonment, or at any time
thereafter, all license rights | ||||||
9 | and privileges
granted under the authority of this State which | ||||||
10 | have been revoked or
suspended because of conviction of an | ||||||
11 | offense shall be restored unless the
authority having | ||||||
12 | jurisdiction of such license rights finds after
investigation | ||||||
13 | and hearing that restoration is not in the public interest.
| ||||||
14 | This paragraph (d) shall not apply to the suspension or | ||||||
15 | revocation of a
license to operate a motor vehicle under the | ||||||
16 | Illinois Vehicle Code.
| ||||||
17 | (e) Upon a person's discharge from incarceration or | ||||||
18 | parole, or upon a
person's discharge from probation or at any | ||||||
19 | time thereafter, the committing
court may enter an order | ||||||
20 | certifying that the sentence has been
satisfactorily completed | ||||||
21 | when the court believes it would assist in the
rehabilitation | ||||||
22 | of the person and be consistent with the public welfare.
Such | ||||||
23 | order may be entered upon the motion of the defendant or the | ||||||
24 | State or
upon the court's own motion.
| ||||||
25 | (f) Upon entry of the order, the court shall issue to the | ||||||
26 | person in
whose favor the order has been entered a certificate |
| |||||||
| |||||||
1 | stating that his
behavior after conviction has warranted the | ||||||
2 | issuance of the order.
| ||||||
3 | (g) This Section shall not affect the right of a defendant | ||||||
4 | to
collaterally attack his conviction or to rely on it in bar | ||||||
5 | of subsequent
proceedings for the same offense.
| ||||||
6 | (h) No application for any license specified in subsection | ||||||
7 | (i) of this
Section granted under the
authority of this State | ||||||
8 | shall be denied by reason of an eligible offender who
has | ||||||
9 | obtained a certificate of relief from disabilities, as
defined | ||||||
10 | in Article 5.5 of this Chapter, having been previously | ||||||
11 | convicted of one
or more
criminal offenses, or by reason of a | ||||||
12 | finding of lack of "good moral
character" when the finding is | ||||||
13 | based upon the fact that the applicant has
previously been | ||||||
14 | convicted of one or more criminal offenses, unless:
| ||||||
15 | (1) there is a direct relationship between one or more | ||||||
16 | of the previous
criminal offenses and the specific license | ||||||
17 | sought; or
| ||||||
18 | (2) the issuance of the license would
involve an | ||||||
19 | unreasonable risk to property or to the safety or welfare | ||||||
20 | of
specific individuals or the general public.
| ||||||
21 | In making such a determination, the licensing agency shall | ||||||
22 | consider the
following factors:
| ||||||
23 | (1) the public policy of this State, as expressed in | ||||||
24 | Article 5.5 of this
Chapter, to encourage the licensure | ||||||
25 | and employment of persons previously
convicted of one or | ||||||
26 | more criminal offenses;
|
| |||||||
| |||||||
1 | (2) the specific duties and responsibilities | ||||||
2 | necessarily related to the
license being sought;
| ||||||
3 | (3) the bearing, if any, the criminal offenses or | ||||||
4 | offenses for which the
person
was previously convicted | ||||||
5 | will have on his or her fitness or ability to perform
one | ||||||
6 | or
more such duties and responsibilities;
| ||||||
7 | (4) the time which has elapsed since the occurrence of | ||||||
8 | the criminal
offense or offenses;
| ||||||
9 | (5) the age of the person at the time of occurrence of | ||||||
10 | the criminal
offense or offenses;
| ||||||
11 | (6) the seriousness of the offense or offenses;
| ||||||
12 | (7) any information produced by the person or produced | ||||||
13 | on his or her
behalf in
regard to his or her rehabilitation | ||||||
14 | and good conduct, including a certificate
of relief from | ||||||
15 | disabilities issued to the applicant, which certificate | ||||||
16 | shall
create a presumption of rehabilitation in regard to | ||||||
17 | the offense or offenses
specified in the certificate; and
| ||||||
18 | (8) the legitimate interest of the licensing agency in | ||||||
19 | protecting
property, and
the safety and welfare of | ||||||
20 | specific individuals or the general public.
| ||||||
21 | (i) A certificate of relief from disabilities shall be | ||||||
22 | issued only
for a
license or certification issued under the | ||||||
23 | following Acts:
| ||||||
24 | (1) the Animal Welfare Act; except that a certificate | ||||||
25 | of relief from
disabilities may not be granted
to provide | ||||||
26 | for
the
issuance or restoration of a license under the |
| |||||||
| |||||||
1 | Animal Welfare Act for any
person convicted of violating | ||||||
2 | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane | ||||||
3 | Care for Animals Act or Section 26-5 or 48-1 of the | ||||||
4 | Criminal Code of
1961 or the Criminal Code of 2012;
| ||||||
5 | (2) the Illinois Athletic Trainers Practice Act;
| ||||||
6 | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, | ||||||
7 | and Nail Technology Act of 1985;
| ||||||
8 | (4) the Boiler and Pressure Vessel Repairer Regulation | ||||||
9 | Act;
| ||||||
10 | (5) the Boxing and Full-contact Martial Arts Act;
| ||||||
11 | (6) the Illinois Certified Shorthand Reporters Act of | ||||||
12 | 1984;
| ||||||
13 | (7) the Illinois Farm Labor Contractor Certification | ||||||
14 | Act;
| ||||||
15 | (8) the Registered Interior Designers Act;
| ||||||
16 | (9) the Illinois Professional Land Surveyor Act of | ||||||
17 | 1989;
| ||||||
18 | (10) the Landscape Architecture Registration Act;
| ||||||
19 | (11) the Marriage and Family Therapy Licensing Act;
| ||||||
20 | (12) the Private Employment Agency Act;
| ||||||
21 | (13) the Professional Counselor and Clinical | ||||||
22 | Professional Counselor
Licensing and Practice
Act;
| ||||||
23 | (14) the Real Estate License Act of 2000;
| ||||||
24 | (15) the Illinois Roofing Industry Licensing Act; | ||||||
25 | (16) the Professional Engineering Practice Act of | ||||||
26 | 1989; |
| |||||||
| |||||||
1 | (17) the Water Well and Pump Installation Contractor's | ||||||
2 | License Act; | ||||||
3 | (18) the Electrologist Licensing Act;
| ||||||
4 | (19) the Auction License Act; | ||||||
5 | (20) the Illinois Architecture Practice Act of 1989; | ||||||
6 | (21) the Dietitian Nutritionist Practice Act; | ||||||
7 | (22) the Environmental Health Practitioner Licensing | ||||||
8 | Act; | ||||||
9 | (23) the Funeral Directors and Embalmers Licensing | ||||||
10 | Code; | ||||||
11 | (24) (blank); | ||||||
12 | (25) the Professional Geologist Licensing Act; | ||||||
13 | (26) the Illinois Public Accounting Act; and | ||||||
14 | (27) the Structural Engineering Practice Act of 1989.
| ||||||
15 | (Source: P.A. 102-284, eff. 8-6-21.)
| ||||||
16 | Section 99. Effective date. This Act takes effect June 1, | ||||||
17 | 2023. |