98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2757

 

Introduced 2/21/2013, by Rep. John M. Cabello - Joe Sosnowski

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-3-7  from Ch. 38, par. 1003-3-7
730 ILCS 5/3-14-1  from Ch. 38, par. 1003-14-1

    Amends the Unified Code of Corrections. Provides that as a condition of parole or mandatory supervised release, a person placed on parole or mandatory supervised release must reside within the county where the subject resided immediately prior to his or her commitment to the Department of Corrections. Provides that upon release of a person on parole or mandatory supervised release, the Department of Corrections shall release the person only to an address located in the county where the subject resided immediately prior to his or her commitment to the Department.


LRB098 00201 RLC 30204 b

 

 

A BILL FOR

 

HB2757LRB098 00201 RLC 30204 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Sections 3-3-7 and 3-14-1 as follows:
 
6    (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
7    Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
8Release.
9    (a) The conditions of parole or mandatory supervised
10release shall be such as the Prisoner Review Board deems
11necessary to assist the subject in leading a law-abiding life.
12The conditions of every parole and mandatory supervised release
13are that the subject:
14        (1) not violate any criminal statute of any
15    jurisdiction during the parole or release term;
16        (2) refrain from possessing a firearm or other
17    dangerous weapon;
18        (3) report to an agent of the Department of
19    Corrections;
20        (4) permit the agent to visit him or her at his or her
21    home, employment, or elsewhere to the extent necessary for
22    the agent to discharge his or her duties;
23        (5) attend or reside in a facility established for the

 

 

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1    instruction or residence of persons on parole or mandatory
2    supervised release;
3        (6) secure permission before visiting or writing a
4    committed person in an Illinois Department of Corrections
5    facility;
6        (7) report all arrests to an agent of the Department of
7    Corrections as soon as permitted by the arresting authority
8    but in no event later than 24 hours after release from
9    custody and immediately report service or notification of
10    an order of protection, a civil no contact order, or a
11    stalking no contact order to an agent of the Department of
12    Corrections;
13        (7.5) if convicted of a sex offense as defined in the
14    Sex Offender Management Board Act, the individual shall
15    undergo and successfully complete sex offender treatment
16    conducted in conformance with the standards developed by
17    the Sex Offender Management Board Act by a treatment
18    provider approved by the Board;
19        (7.6) if convicted of a sex offense as defined in the
20    Sex Offender Management Board Act, refrain from residing at
21    the same address or in the same condominium unit or
22    apartment unit or in the same condominium complex or
23    apartment complex with another person he or she knows or
24    reasonably should know is a convicted sex offender or has
25    been placed on supervision for a sex offense; the
26    provisions of this paragraph do not apply to a person

 

 

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1    convicted of a sex offense who is placed in a Department of
2    Corrections licensed transitional housing facility for sex
3    offenders, or is in any facility operated or licensed by
4    the Department of Children and Family Services or by the
5    Department of Human Services, or is in any licensed medical
6    facility;
7        (7.7) if convicted for an offense that would qualify
8    the accused as a sexual predator under the Sex Offender
9    Registration Act on or after January 1, 2007 (the effective
10    date of Public Act 94-988), wear an approved electronic
11    monitoring device as defined in Section 5-8A-2 for the
12    duration of the person's parole, mandatory supervised
13    release term, or extended mandatory supervised release
14    term and if convicted for an offense of criminal sexual
15    assault, aggravated criminal sexual assault, predatory
16    criminal sexual assault of a child, criminal sexual abuse,
17    aggravated criminal sexual abuse, or ritualized abuse of a
18    child committed on or after August 11, 2009 (the effective
19    date of Public Act 96-236) when the victim was under 18
20    years of age at the time of the commission of the offense
21    and the defendant used force or the threat of force in the
22    commission of the offense wear an approved electronic
23    monitoring device as defined in Section 5-8A-2 that has
24    Global Positioning System (GPS) capability for the
25    duration of the person's parole, mandatory supervised
26    release term, or extended mandatory supervised release

 

 

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1    term;
2        (7.8) if convicted for an offense committed on or after
3    June 1, 2008 (the effective date of Public Act 95-464) that
4    would qualify the accused as a child sex offender as
5    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
6    1961, refrain from communicating with or contacting, by
7    means of the Internet, a person who is not related to the
8    accused and whom the accused reasonably believes to be
9    under 18 years of age; for purposes of this paragraph
10    (7.8), "Internet" has the meaning ascribed to it in Section
11    16-0.1 of the Criminal Code of 1961; and a person is not
12    related to the accused if the person is not: (i) the
13    spouse, brother, or sister of the accused; (ii) a
14    descendant of the accused; (iii) a first or second cousin
15    of the accused; or (iv) a step-child or adopted child of
16    the accused;
17        (7.9) if convicted under Section 11-6, 11-20.1,
18    11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961,
19    consent to search of computers, PDAs, cellular phones, and
20    other devices under his or her control that are capable of
21    accessing the Internet or storing electronic files, in
22    order to confirm Internet protocol addresses reported in
23    accordance with the Sex Offender Registration Act and
24    compliance with conditions in this Act;
25        (7.10) if convicted for an offense that would qualify
26    the accused as a sex offender or sexual predator under the

 

 

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1    Sex Offender Registration Act on or after June 1, 2008 (the
2    effective date of Public Act 95-640), not possess
3    prescription drugs for erectile dysfunction;
4        (7.11) if convicted for an offense under Section 11-6,
5    11-9.1, 11-14.4 that involves soliciting for a juvenile
6    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
7    of the Criminal Code of 1961, or any attempt to commit any
8    of these offenses, committed on or after June 1, 2009 (the
9    effective date of Public Act 95-983):
10            (i) not access or use a computer or any other
11        device with Internet capability without the prior
12        written approval of the Department;
13            (ii) submit to periodic unannounced examinations
14        of the offender's computer or any other device with
15        Internet capability by the offender's supervising
16        agent, a law enforcement officer, or assigned computer
17        or information technology specialist, including the
18        retrieval and copying of all data from the computer or
19        device and any internal or external peripherals and
20        removal of such information, equipment, or device to
21        conduct a more thorough inspection;
22            (iii) submit to the installation on the offender's
23        computer or device with Internet capability, at the
24        offender's expense, of one or more hardware or software
25        systems to monitor the Internet use; and
26            (iv) submit to any other appropriate restrictions

 

 

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1        concerning the offender's use of or access to a
2        computer or any other device with Internet capability
3        imposed by the Board, the Department or the offender's
4        supervising agent;
5        (7.12) if convicted of a sex offense as defined in the
6    Sex Offender Registration Act committed on or after January
7    1, 2010 (the effective date of Public Act 96-262), refrain
8    from accessing or using a social networking website as
9    defined in Section 17-0.5 of the Criminal Code of 1961;
10        (7.13) if convicted of a sex offense as defined in
11    Section 2 of the Sex Offender Registration Act committed on
12    or after January 1, 2010 (the effective date of Public Act
13    96-362) that requires the person to register as a sex
14    offender under that Act, may not knowingly use any computer
15    scrub software on any computer that the sex offender uses;
16        (8) obtain permission of an agent of the Department of
17    Corrections before leaving the State of Illinois;
18        (9) obtain permission of an agent of the Department of
19    Corrections before changing his or her residence or
20    employment;
21        (10) consent to a search of his or her person,
22    property, or residence under his or her control;
23        (11) refrain from the use or possession of narcotics or
24    other controlled substances in any form, or both, or any
25    paraphernalia related to those substances and submit to a
26    urinalysis test as instructed by a parole agent of the

 

 

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1    Department of Corrections;
2        (12) not frequent places where controlled substances
3    are illegally sold, used, distributed, or administered;
4        (13) not knowingly associate with other persons on
5    parole or mandatory supervised release without prior
6    written permission of his or her parole agent and not
7    associate with persons who are members of an organized gang
8    as that term is defined in the Illinois Streetgang
9    Terrorism Omnibus Prevention Act;
10        (14) provide true and accurate information, as it
11    relates to his or her adjustment in the community while on
12    parole or mandatory supervised release or to his or her
13    conduct while incarcerated, in response to inquiries by his
14    or her parole agent or of the Department of Corrections;
15        (15) follow any specific instructions provided by the
16    parole agent that are consistent with furthering
17    conditions set and approved by the Prisoner Review Board or
18    by law, exclusive of placement on electronic detention, to
19    achieve the goals and objectives of his or her parole or
20    mandatory supervised release or to protect the public.
21    These instructions by the parole agent may be modified at
22    any time, as the agent deems appropriate;
23        (16) if convicted of a sex offense as defined in
24    subsection (a-5) of Section 3-1-2 of this Code, unless the
25    offender is a parent or guardian of the person under 18
26    years of age present in the home and no non-familial minors

 

 

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1    are present, not participate in a holiday event involving
2    children under 18 years of age, such as distributing candy
3    or other items to children on Halloween, wearing a Santa
4    Claus costume on or preceding Christmas, being employed as
5    a department store Santa Claus, or wearing an Easter Bunny
6    costume on or preceding Easter;
7        (17) if convicted of a violation of an order of
8    protection under Section 12-30 of the Criminal Code of
9    1961, be placed under electronic surveillance as provided
10    in Section 5-8A-7 of this Code;
11        (18) comply with the terms and conditions of an order
12    of protection issued pursuant to the Illinois Domestic
13    Violence Act of 1986; an order of protection issued by the
14    court of another state, tribe, or United States territory;
15    a no contact order issued pursuant to the Civil No Contact
16    Order Act; or a no contact order issued pursuant to the
17    Stalking No Contact Order Act; and
18        (19) if convicted of a violation of the Methamphetamine
19    Control and Community Protection Act, the Methamphetamine
20    Precursor Control Act, or a methamphetamine related
21    offense, be:
22            (A) prohibited from purchasing, possessing, or
23        having under his or her control any product containing
24        pseudoephedrine unless prescribed by a physician; and
25            (B) prohibited from purchasing, possessing, or
26        having under his or her control any product containing

 

 

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1        ammonium nitrate; and .
2            (20) reside within the county where the subject
3        resided immediately prior to his or her commitment to
4        the Department of Corrections.
5    (b) The Board may in addition to other conditions require
6that the subject:
7        (1) work or pursue a course of study or vocational
8    training;
9        (2) undergo medical or psychiatric treatment, or
10    treatment for drug addiction or alcoholism;
11        (3) attend or reside in a facility established for the
12    instruction or residence of persons on probation or parole;
13        (4) support his dependents;
14        (5) (blank);
15        (6) (blank);
16        (7) (blank);
17        (7.5) if convicted for an offense committed on or after
18    the effective date of this amendatory Act of the 95th
19    General Assembly that would qualify the accused as a child
20    sex offender as defined in Section 11-9.3 or 11-9.4 of the
21    Criminal Code of 1961, refrain from communicating with or
22    contacting, by means of the Internet, a person who is
23    related to the accused and whom the accused reasonably
24    believes to be under 18 years of age; for purposes of this
25    paragraph (7.5), "Internet" has the meaning ascribed to it
26    in Section 16-0.1 of the Criminal Code of 1961; and a

 

 

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1    person is related to the accused if the person is: (i) the
2    spouse, brother, or sister of the accused; (ii) a
3    descendant of the accused; (iii) a first or second cousin
4    of the accused; or (iv) a step-child or adopted child of
5    the accused;
6        (7.6) if convicted for an offense committed on or after
7    June 1, 2009 (the effective date of Public Act 95-983) that
8    would qualify as a sex offense as defined in the Sex
9    Offender Registration Act:
10            (i) not access or use a computer or any other
11        device with Internet capability without the prior
12        written approval of the Department;
13            (ii) submit to periodic unannounced examinations
14        of the offender's computer or any other device with
15        Internet capability by the offender's supervising
16        agent, a law enforcement officer, or assigned computer
17        or information technology specialist, including the
18        retrieval and copying of all data from the computer or
19        device and any internal or external peripherals and
20        removal of such information, equipment, or device to
21        conduct a more thorough inspection;
22            (iii) submit to the installation on the offender's
23        computer or device with Internet capability, at the
24        offender's expense, of one or more hardware or software
25        systems to monitor the Internet use; and
26            (iv) submit to any other appropriate restrictions

 

 

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1        concerning the offender's use of or access to a
2        computer or any other device with Internet capability
3        imposed by the Board, the Department or the offender's
4        supervising agent; and
5        (8) in addition, if a minor:
6            (i) reside with his parents or in a foster home;
7            (ii) attend school;
8            (iii) attend a non-residential program for youth;
9        or
10            (iv) contribute to his own support at home or in a
11        foster home.
12    (b-1) In addition to the conditions set forth in
13subsections (a) and (b), persons required to register as sex
14offenders pursuant to the Sex Offender Registration Act, upon
15release from the custody of the Illinois Department of
16Corrections, may be required by the Board to comply with the
17following specific conditions of release:
18        (1) reside only at a Department approved location;
19        (2) comply with all requirements of the Sex Offender
20    Registration Act;
21        (3) notify third parties of the risks that may be
22    occasioned by his or her criminal record;
23        (4) obtain the approval of an agent of the Department
24    of Corrections prior to accepting employment or pursuing a
25    course of study or vocational training and notify the
26    Department prior to any change in employment, study, or

 

 

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1    training;
2        (5) not be employed or participate in any volunteer
3    activity that involves contact with children, except under
4    circumstances approved in advance and in writing by an
5    agent of the Department of Corrections;
6        (6) be electronically monitored for a minimum of 12
7    months from the date of release as determined by the Board;
8        (7) refrain from entering into a designated geographic
9    area except upon terms approved in advance by an agent of
10    the Department of Corrections. The terms may include
11    consideration of the purpose of the entry, the time of day,
12    and others accompanying the person;
13        (8) refrain from having any contact, including written
14    or oral communications, directly or indirectly, personally
15    or by telephone, letter, or through a third party with
16    certain specified persons including, but not limited to,
17    the victim or the victim's family without the prior written
18    approval of an agent of the Department of Corrections;
19        (9) refrain from all contact, directly or indirectly,
20    personally, by telephone, letter, or through a third party,
21    with minor children without prior identification and
22    approval of an agent of the Department of Corrections;
23        (10) neither possess or have under his or her control
24    any material that is sexually oriented, sexually
25    stimulating, or that shows male or female sex organs or any
26    pictures depicting children under 18 years of age nude or

 

 

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1    any written or audio material describing sexual
2    intercourse or that depicts or alludes to sexual activity,
3    including but not limited to visual, auditory, telephonic,
4    or electronic media, or any matter obtained through access
5    to any computer or material linked to computer access use;
6        (11) not patronize any business providing sexually
7    stimulating or sexually oriented entertainment nor utilize
8    "900" or adult telephone numbers;
9        (12) not reside near, visit, or be in or about parks,
10    schools, day care centers, swimming pools, beaches,
11    theaters, or any other places where minor children
12    congregate without advance approval of an agent of the
13    Department of Corrections and immediately report any
14    incidental contact with minor children to the Department;
15        (13) not possess or have under his or her control
16    certain specified items of contraband related to the
17    incidence of sexually offending as determined by an agent
18    of the Department of Corrections;
19        (14) may be required to provide a written daily log of
20    activities if directed by an agent of the Department of
21    Corrections;
22        (15) comply with all other special conditions that the
23    Department may impose that restrict the person from
24    high-risk situations and limit access to potential
25    victims;
26        (16) take an annual polygraph exam;

 

 

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1        (17) maintain a log of his or her travel; or
2        (18) obtain prior approval of his or her parole officer
3    before driving alone in a motor vehicle.
4    (c) The conditions under which the parole or mandatory
5supervised release is to be served shall be communicated to the
6person in writing prior to his release, and he shall sign the
7same before release. A signed copy of these conditions,
8including a copy of an order of protection where one had been
9issued by the criminal court, shall be retained by the person
10and another copy forwarded to the officer in charge of his
11supervision.
12    (d) After a hearing under Section 3-3-9, the Prisoner
13Review Board may modify or enlarge the conditions of parole or
14mandatory supervised release.
15    (e) The Department shall inform all offenders committed to
16the Department of the optional services available to them upon
17release and shall assist inmates in availing themselves of such
18optional services upon their release on a voluntary basis.
19    (f) (Blank).
20(Source: P.A. 96-236, eff. 8-11-09; 96-262, eff. 1-1-10;
2196-328, eff. 8-11-09; 96-362, eff. 1-1-10; 96-1000, eff.
227-2-10; 96-1539, eff. 3-4-11; 96-1551, Article 2, Section 1065,
23eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11;
2497-50, eff. 6-28-11; 97-531, eff. 1-1-12; 97-560, eff. 1-1-12;
2597-597, eff. 1-1-12; 97-1109, eff. 1-1-13.)
 

 

 

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1    (730 ILCS 5/3-14-1)  (from Ch. 38, par. 1003-14-1)
2    Sec. 3-14-1. Release from the Institution.
3    (a) Upon release of a person on parole, mandatory release,
4final discharge or pardon the Department shall return all
5property held for him, provide him with suitable clothing and
6procure necessary transportation for him to his designated
7place of residence and employment. Upon release of a person on
8parole or mandatory supervised release, the Department shall
9release the person only to an address located in the county
10where the subject resided immediately prior to his or her
11commitment to the Department of Corrections. It may provide
12such person with a grant of money for travel and expenses which
13may be paid in installments. The amount of the money grant
14shall be determined by the Department.
15    (a-1) The Department shall, before a wrongfully imprisoned
16person, as defined in Section 3-1-2 of this Code, is discharged
17from the Department, provide him or her with any documents
18necessary after discharge, including an identification card
19under subsection (e) of this Section.
20    (a-2) The Department of Corrections may establish and
21maintain, in any institution it administers, revolving funds to
22be known as "Travel and Allowances Revolving Funds". These
23revolving funds shall be used for advancing travel and expense
24allowances to committed, paroled, and discharged prisoners.
25The moneys paid into such revolving funds shall be from
26appropriations to the Department for Committed, Paroled, and

 

 

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1Discharged Prisoners.
2    (b) (Blank).
3    (c) Except as otherwise provided in this Code, the
4Department shall establish procedures to provide written
5notification of any release of any person who has been
6convicted of a felony to the State's Attorney and sheriff of
7the county from which the offender was committed, and the
8State's Attorney and sheriff of the county into which the
9offender is to be paroled or released. Except as otherwise
10provided in this Code, the Department shall establish
11procedures to provide written notification to the proper law
12enforcement agency for any municipality of any release of any
13person who has been convicted of a felony if the arrest of the
14offender or the commission of the offense took place in the
15municipality, if the offender is to be paroled or released into
16the municipality, or if the offender resided in the
17municipality at the time of the commission of the offense. If a
18person convicted of a felony who is in the custody of the
19Department of Corrections or on parole or mandatory supervised
20release informs the Department that he or she has resided,
21resides, or will reside at an address that is a housing
22facility owned, managed, operated, or leased by a public
23housing agency, the Department must send written notification
24of that information to the public housing agency that owns,
25manages, operates, or leases the housing facility. The written
26notification shall, when possible, be given at least 14 days

 

 

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1before release of the person from custody, or as soon
2thereafter as possible.
3    (c-1) (Blank).
4    (c-2) The Department shall establish procedures to provide
5notice to the Department of State Police of the release or
6discharge of persons convicted of violations of the
7Methamphetamine Control and Community Protection Act or a
8violation of the Methamphetamine Precursor Control Act. The
9Department of State Police shall make this information
10available to local, State, or federal law enforcement agencies
11upon request.
12    (c-5) If a person on parole or mandatory supervised release
13becomes a resident of a facility licensed or regulated by the
14Department of Public Health, the Illinois Department of Public
15Aid, or the Illinois Department of Human Services, the
16Department of Corrections shall provide copies of the following
17information to the appropriate licensing or regulating
18Department and the licensed or regulated facility where the
19person becomes a resident:
20        (1) The mittimus and any pre-sentence investigation
21    reports.
22        (2) The social evaluation prepared pursuant to Section
23    3-8-2.
24        (3) Any pre-release evaluation conducted pursuant to
25    subsection (j) of Section 3-6-2.
26        (4) Reports of disciplinary infractions and

 

 

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1    dispositions.
2        (5) Any parole plan, including orders issued by the
3    Prisoner Review Board, and any violation reports and
4    dispositions.
5        (6) The name and contact information for the assigned
6    parole agent and parole supervisor.
7    This information shall be provided within 3 days of the
8person becoming a resident of the facility.
9    (c-10) If a person on parole or mandatory supervised
10release becomes a resident of a facility licensed or regulated
11by the Department of Public Health, the Illinois Department of
12Public Aid, or the Illinois Department of Human Services, the
13Department of Corrections shall provide written notification
14of such residence to the following:
15        (1) The Prisoner Review Board.
16        (2) The chief of police and sheriff in the municipality
17    and county in which the licensed facility is located.
18    The notification shall be provided within 3 days of the
19person becoming a resident of the facility.
20    (d) Upon the release of a committed person on parole,
21mandatory supervised release, final discharge or pardon, the
22Department shall provide such person with information
23concerning programs and services of the Illinois Department of
24Public Health to ascertain whether such person has been exposed
25to the human immunodeficiency virus (HIV) or any identified
26causative agent of Acquired Immunodeficiency Syndrome (AIDS).

 

 

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1    (e) Upon the release of a committed person on parole,
2mandatory supervised release, final discharge, pardon, or who
3has been wrongfully imprisoned, the Department shall provide
4the person who has met the criteria established by the
5Department with an identification card identifying the person
6as being on parole, mandatory supervised release, final
7discharge, pardon, or wrongfully imprisoned, as the case may
8be. The Department, in consultation with the Office of the
9Secretary of State, shall prescribe the form of the
10identification card, which may be similar to the form of the
11standard Illinois Identification Card. The Department shall
12inform the committed person that he or she may present the
13identification card to the Office of the Secretary of State
14upon application for a standard Illinois Identification Card in
15accordance with the Illinois Identification Card Act. The
16Department shall require the committed person to pay a $1 fee
17for the identification card.
18    For purposes of a committed person receiving an
19identification card issued by the Department under this
20subsection, the Department shall establish criteria that the
21committed person must meet before the card is issued. It is the
22sole responsibility of the committed person requesting the
23identification card issued by the Department to meet the
24established criteria. The person's failure to meet the criteria
25is sufficient reason to deny the committed person the
26identification card. An identification card issued by the

 

 

HB2757- 20 -LRB098 00201 RLC 30204 b

1Department under this subsection shall be valid for a period of
2time not to exceed 30 calendar days from the date the card is
3issued. The Department shall not be held civilly or criminally
4liable to anyone because of any act of any person utilizing a
5card issued by the Department under this subsection.
6    The Department shall adopt rules governing the issuance of
7identification cards to committed persons being released on
8parole, mandatory supervised release, final discharge, or
9pardon.
10(Source: P.A. 96-1550, eff. 7-1-11; 97-560, eff. 1-1-12;
1197-813, eff. 7-13-12.)