Illinois General Assembly - Full Text of SB3479
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Full Text of SB3479  101st General Assembly

SB3479 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3479

 

Introduced 2/14/2020, by Sen. Jacqueline Y. Collins

 

SYNOPSIS AS INTRODUCED:
 
New Act
15 ILCS 335/4  from Ch. 124, par. 24
730 ILCS 5/3-2.5-75
730 ILCS 5/3-14-1  from Ch. 38, par. 1003-14-1

    Creates the Reporting of Deaths in Custody Act. Provides that in any case in which a person dies while in the custody of: (1) any law enforcement agency, (2) a local or State correctional facility in the State, or (3) a peace officer or as a result of the peace officer's use of force, the law enforcement agency shall investigate and report the death in writing to the Attorney General, no later than 30 days after the date on which the person in custody or incarcerated died. Provides information that must be contained in the report. Provides that the report shall be a public record under the Freedom of Information Act. Provides that the Attorney General shall issue a public annual report tabulating and evaluating trends and information on deaths in custody. Provides that the family, next of kin, or any other person reasonably nominated by the decedent as an emergency contact shall be notified as soon as possible in a suitable manner giving an accurate factual account of the cause of death and circumstances surrounding the death in custody. Amends the Illinois Identification Card Act and the Unified Code of Corrections concerning reports the Secretary of State, Department of Juvenile Justice, and the Department of Corrections shall make to the General Assembly. Provides that the Secretary of State, Department of Juvenile Justice, and the Department of Corrections shall publish the reports on their respective websites.


LRB101 19243 RLC 68707 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB3479LRB101 19243 RLC 68707 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 1. Short title. This Act may be cited as the
5Reporting of Deaths in Custody Act.
 
6    Section 5. Report of deaths of persons in custody in
7correctional institutions.
8    (a) In this Act, "law enforcement agency" includes each law
9enforcement entity within this State having the authority to
10arrest and detain persons suspected of, or charged with,
11committing a criminal offense, and each law enforcement entity
12that operates a lock up, jail, prison, or any other facility
13used to detain persons for legitimate law enforcement purposes.
14    (b) In any case in which a person dies:
15        (1) while in the custody of:
16            (A) a law enforcement agency;
17            (B) a local or State correctional facility in this
18        State; or
19            (C) a peace officer; or
20        (2) as a result of the peace officer's use of force,
21    the law enforcement agency shall investigate and report the
22death in writing to the Attorney General, no later than 30 days
23after the date on which the person in custody or incarcerated

 

 

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1died. The written report shall contain the following
2information:
3        (1) facts concerning the death that are in the
4    possession of the law enforcement agency in charge of the
5    investigation and the correctional facility where the
6    death occurred including, but not limited to, cause and
7    manner of death, race, age, and gender of the decedent;
8        (2) the jurisdiction, the law enforcement agency
9    providing the investigation, and the local or State
10    facility where the death occurred;
11        (3) if emergency care was requested by the law
12    enforcement agency in response to any illness, injury,
13    self-inflicted or otherwise, or other issue related to
14    rapid deterioration of physical wellness or human
15    subsistence, and details concerning emergency care that
16    was provided to the decedent if emergency care was
17    provided.
18    (c) The law enforcement agency and the involved
19correctional administrators shall make a good faith effort to
20obtain all relevant facts and circumstances relevant to the
21death and include those in the report.
22    (d) The Attorney General shall create a standardized form
23to be used for the purpose of collecting information as
24described in subsection (b).
25    (e) Law enforcement agencies shall use the form described
26in subsection (d) to report all cases in which a person dies:

 

 

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1        (1) while in the custody of:
2            (A) a law enforcement agency;
3            (B) a local or State correctional facility in this
4        State; or
5            (C) a peace officer; or
6        (2) as a result of the peace officer's use of force.
7    (f) The Attorney General may determine the manner in which
8the form is transmitted from a law enforcement agency to the
9Attorney General.
10    (g) The reports shall be public records within the meaning
11of subsection (c) of Section 2 of the Freedom of Information
12Act and are open to public inspection, with the exception of
13any portion of the report that the Attorney General determines
14is privileged or protected under Illinois or federal law.
15    (h) The Attorney General shall make available to the public
16information of all individual reports relating to deaths in
17custody through the Attorney General's website to be updated on
18a quarterly basis.
19    (i) The Attorney General shall issue a public annual report
20tabulating and evaluating trends and information on deaths in
21custody, including, but not limited to:
22        (1) information regarding cause and manner of death,
23    race, and the gender of the decedent;
24        (2) the jurisdiction, law enforcement agency providing
25    the investigation, and local or State facility where the
26    death occurred; and

 

 

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1        (3) recommendations and State and local efforts
2    underway to reduce deaths in custody.
3    The report shall be submitted to the Governor and General
4Assembly and made available to the public on the Attorney
5General's website the first week of February of each year.
6    (j) So that the State may oversee the healthcare provided
7to any person in the custody of each law enforcement agency
8within this State, provision of medical services to these
9persons, general care and treatment, and any other factors that
10may contribute to the death of any of these persons, the
11following information shall be made available to the public on
12the Attorney General's website:
13        (1) the number of deaths that occurred during the
14    preceding calendar year;
15        (2) the known, or discoverable upon reasonable
16    inquiry, causes and contributing factors of each of the
17    in-custody deaths as defined in subsection (b); and
18        (3) the law enforcement agency's policies, procedures,
19    and protocols related to:
20            (A) treatment of a person experiencing withdrawal
21        from alcohol or substance use;
22            (B) the facility's provision, or lack of
23        provision, of medications used to treat, mitigate, or
24        address a person's symptoms; and
25            (C) notifying an inmate's next of kin after the
26        inmate's in-custody death.

 

 

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1    (k) The family, next of kin, or any other person reasonably
2nominated by the decedent as an emergency contact shall be
3notified as soon as possible in a suitable manner giving an
4accurate factual account of the cause of death and
5circumstances surrounding the death in custody.
6    (l) The law enforcement agency or correctional facility
7shall name a staff person to act as dedicated family liaison
8officer to be a point of contact for the family, to make and
9maintain contact with the family, to report ongoing
10developments and findings of investigations, and to provide
11information and practical support. If requested by the
12deceased's next of kin, the law enforcement agency or
13correctional facility shall arrange for a chaplain, counselor,
14or other suitable staff member to meet with the family and
15discuss any faith considerations or concerns. The family has a
16right to the medical records of a family member who has died in
17custody and these records shall be disclosed to them.
18    (m) It is unlawful for a person who is required under this
19Section to investigate a death or file a report to fail to
20include in the report facts known or discovered in the
21investigation to the Attorney General. A violation of this
22Section is a petty offense, with fine not to exceed $500.
 
23    Section 105. The Illinois Identification Card Act is
24amended by changing Section 4 as follows:
 

 

 

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1    (15 ILCS 335/4)  (from Ch. 124, par. 24)
2    Sec. 4. Identification card.
3    (a) The Secretary of State shall issue a standard Illinois
4Identification Card to any natural person who is a resident of
5the State of Illinois who applies for such card, or renewal
6thereof. No identification card shall be issued to any person
7who holds a valid foreign state identification card, license,
8or permit unless the person first surrenders to the Secretary
9of State the valid foreign state identification card, license,
10or permit. The card shall be prepared and supplied by the
11Secretary of State and shall include a photograph and signature
12or mark of the applicant. However, the Secretary of State may
13provide by rule for the issuance of Illinois Identification
14Cards without photographs if the applicant has a bona fide
15religious objection to being photographed or to the display of
16his or her photograph. The Illinois Identification Card may be
17used for identification purposes in any lawful situation only
18by the person to whom it was issued. As used in this Act,
19"photograph" means any color photograph or digitally produced
20and captured image of an applicant for an identification card.
21As used in this Act, "signature" means the name of a person as
22written by that person and captured in a manner acceptable to
23the Secretary of State.
24    (a-5) If an applicant for an identification card has a
25current driver's license or instruction permit issued by the
26Secretary of State, the Secretary may require the applicant to

 

 

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1utilize the same residence address and name on the
2identification card, driver's license, and instruction permit
3records maintained by the Secretary. The Secretary may
4promulgate rules to implement this provision.
5    (a-10) If the applicant is a judicial officer as defined in
6Section 1-10 of the Judicial Privacy Act or a peace officer,
7the applicant may elect to have his or her office or work
8address listed on the card instead of the applicant's residence
9or mailing address. The Secretary may promulgate rules to
10implement this provision. For the purposes of this subsection
11(a-10), "peace officer" means any person who by virtue of his
12or her office or public employment is vested by law with a duty
13to maintain public order or to make arrests for a violation of
14any penal statute of this State, whether that duty extends to
15all violations or is limited to specific violations.
16    (a-15) The Secretary of State may provide for an expedited
17process for the issuance of an Illinois Identification Card.
18The Secretary shall charge an additional fee for the expedited
19issuance of an Illinois Identification Card, to be set by rule,
20not to exceed $75. All fees collected by the Secretary for
21expedited Illinois Identification Card service shall be
22deposited into the Secretary of State Special Services Fund.
23The Secretary may adopt rules regarding the eligibility,
24process, and fee for an expedited Illinois Identification Card.
25If the Secretary of State determines that the volume of
26expedited identification card requests received on a given day

 

 

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1exceeds the ability of the Secretary to process those requests
2in an expedited manner, the Secretary may decline to provide
3expedited services, and the additional fee for the expedited
4service shall be refunded to the applicant.
5    (a-20) The Secretary of State shall issue a standard
6Illinois Identification Card to a committed person upon release
7on parole, mandatory supervised release, aftercare release,
8final discharge, or pardon from the Department of Corrections
9or Department of Juvenile Justice, if the released person
10presents a certified copy of his or her birth certificate,
11social security card or other documents authorized by the
12Secretary, and 2 documents proving his or her Illinois
13residence address. Documents proving residence address may
14include any official document of the Department of Corrections
15or the Department of Juvenile Justice showing the released
16person's address after release and a Secretary of State
17prescribed certificate of residency form, which may be executed
18by Department of Corrections or Department of Juvenile Justice
19personnel.
20    (a-25) The Secretary of State shall issue a limited-term
21Illinois Identification Card valid for 90 days to a committed
22person upon release on parole, mandatory supervised release,
23aftercare release, final discharge, or pardon from the
24Department of Corrections or Department of Juvenile Justice, if
25the released person is unable to present a certified copy of
26his or her birth certificate and social security card or other

 

 

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1documents authorized by the Secretary, but does present a
2Secretary of State prescribed verification form completed by
3the Department of Corrections or Department of Juvenile
4Justice, verifying the released person's date of birth and
5social security number and 2 documents proving his or her
6Illinois residence address. The verification form must have
7been completed no more than 30 days prior to the date of
8application for the Illinois Identification Card. Documents
9proving residence address shall include any official document
10of the Department of Corrections or the Department of Juvenile
11Justice showing the person's address after release and a
12Secretary of State prescribed certificate of residency, which
13may be executed by Department of Corrections or Department of
14Juvenile Justice personnel.
15    Prior to the expiration of the 90-day period of the
16limited-term Illinois Identification Card, if the released
17person submits to the Secretary of State a certified copy of
18his or her birth certificate and his or her social security
19card or other documents authorized by the Secretary, a standard
20Illinois Identification Card shall be issued. A limited-term
21Illinois Identification Card may not be renewed.
22    (a-26) The Secretary of State shall track and issue an
23annual report to the General Assembly detailing the number of
24permanent Illinois Identification Cards issued by the
25Secretary of State to persons presenting verification forms
26issued by the Department of Juvenile Justice and Department of

 

 

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1Corrections. The report shall include comparable data from the
2previous calendar year and shall reflect any increases or
3decreases. The Secretary of State shall publish the report on
4the Secretary of State's website.
5    (a-30) The Secretary of State shall issue a standard
6Illinois Identification Card to a person upon conditional
7release or absolute discharge from the custody of the
8Department of Human Services, if the person presents a
9certified copy of his or her birth certificate, social security
10card, or other documents authorized by the Secretary, and a
11document proving his or her Illinois residence address. The
12Secretary of State shall issue a standard Illinois
13Identification Card to a person no sooner than 14 days prior to
14his or her conditional release or absolute discharge if
15personnel from the Department of Human Services bring the
16person to a Secretary of State location with the required
17documents. Documents proving residence address may include any
18official document of the Department of Human Services showing
19the person's address after release and a Secretary of State
20prescribed verification form, which may be executed by
21personnel of the Department of Human Services.
22    (a-35) The Secretary of State shall issue a limited-term
23Illinois Identification Card valid for 90 days to a person upon
24conditional release or absolute discharge from the custody of
25the Department of Human Services, if the person is unable to
26present a certified copy of his or her birth certificate and

 

 

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1social security card or other documents authorized by the
2Secretary, but does present a Secretary of State prescribed
3verification form completed by the Department of Human
4Services, verifying the person's date of birth and social
5security number, and a document proving his or her Illinois
6residence address. The verification form must have been
7completed no more than 30 days prior to the date of application
8for the Illinois Identification Card. The Secretary of State
9shall issue a limited-term Illinois Identification Card to a
10person no sooner than 14 days prior to his or her conditional
11release or absolute discharge if personnel from the Department
12of Human Services bring the person to a Secretary of State
13location with the required documents. Documents proving
14residence address shall include any official document of the
15Department of Human Services showing the person's address after
16release and a Secretary of State prescribed verification form,
17which may be executed by personnel of the Department of Human
18Services.
19    (b) The Secretary of State shall issue a special Illinois
20Identification Card, which shall be known as an Illinois Person
21with a Disability Identification Card, to any natural person
22who is a resident of the State of Illinois, who is a person
23with a disability as defined in Section 4A of this Act, who
24applies for such card, or renewal thereof. No Illinois Person
25with a Disability Identification Card shall be issued to any
26person who holds a valid foreign state identification card,

 

 

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1license, or permit unless the person first surrenders to the
2Secretary of State the valid foreign state identification card,
3license, or permit. The Secretary of State shall charge no fee
4to issue such card. The card shall be prepared and supplied by
5the Secretary of State, and shall include a photograph and
6signature or mark of the applicant, a designation indicating
7that the card is an Illinois Person with a Disability
8Identification Card, and shall include a comprehensible
9designation of the type and classification of the applicant's
10disability as set out in Section 4A of this Act. However, the
11Secretary of State may provide by rule for the issuance of
12Illinois Person with a Disability Identification Cards without
13photographs if the applicant has a bona fide religious
14objection to being photographed or to the display of his or her
15photograph. If the applicant so requests, the card shall
16include a description of the applicant's disability and any
17information about the applicant's disability or medical
18history which the Secretary determines would be helpful to the
19applicant in securing emergency medical care. If a mark is used
20in lieu of a signature, such mark shall be affixed to the card
21in the presence of two witnesses who attest to the authenticity
22of the mark. The Illinois Person with a Disability
23Identification Card may be used for identification purposes in
24any lawful situation by the person to whom it was issued.
25    The Illinois Person with a Disability Identification Card
26may be used as adequate documentation of disability in lieu of

 

 

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1a physician's determination of disability, a determination of
2disability from a physician assistant, a determination of
3disability from an advanced practice registered nurse, or any
4other documentation of disability whenever any State law
5requires that a person with a disability provide such
6documentation of disability, however an Illinois Person with a
7Disability Identification Card shall not qualify the
8cardholder to participate in any program or to receive any
9benefit which is not available to all persons with like
10disabilities. Notwithstanding any other provisions of law, an
11Illinois Person with a Disability Identification Card, or
12evidence that the Secretary of State has issued an Illinois
13Person with a Disability Identification Card, shall not be used
14by any person other than the person named on such card to prove
15that the person named on such card is a person with a
16disability or for any other purpose unless the card is used for
17the benefit of the person named on such card, and the person
18named on such card consents to such use at the time the card is
19so used.
20    An optometrist's determination of a visual disability
21under Section 4A of this Act is acceptable as documentation for
22the purpose of issuing an Illinois Person with a Disability
23Identification Card.
24    When medical information is contained on an Illinois Person
25with a Disability Identification Card, the Office of the
26Secretary of State shall not be liable for any actions taken

 

 

SB3479- 14 -LRB101 19243 RLC 68707 b

1based upon that medical information.
2    (c) The Secretary of State shall provide that each original
3or renewal Illinois Identification Card or Illinois Person with
4a Disability Identification Card issued to a person under the
5age of 21 shall be of a distinct nature from those Illinois
6Identification Cards or Illinois Person with a Disability
7Identification Cards issued to individuals 21 years of age or
8older. The color designated for Illinois Identification Cards
9or Illinois Person with a Disability Identification Cards for
10persons under the age of 21 shall be at the discretion of the
11Secretary of State.
12    (c-1) Each original or renewal Illinois Identification
13Card or Illinois Person with a Disability Identification Card
14issued to a person under the age of 21 shall display the date
15upon which the person becomes 18 years of age and the date upon
16which the person becomes 21 years of age.
17    (c-3) The General Assembly recognizes the need to identify
18military veterans living in this State for the purpose of
19ensuring that they receive all of the services and benefits to
20which they are legally entitled, including healthcare,
21education assistance, and job placement. To assist the State in
22identifying these veterans and delivering these vital services
23and benefits, the Secretary of State is authorized to issue
24Illinois Identification Cards and Illinois Person with a
25Disability Identification Cards with the word "veteran"
26appearing on the face of the cards. This authorization is

 

 

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1predicated on the unique status of veterans. The Secretary may
2not issue any other identification card which identifies an
3occupation, status, affiliation, hobby, or other unique
4characteristics of the identification card holder which is
5unrelated to the purpose of the identification card.
6    (c-5) Beginning on or before July 1, 2015, the Secretary of
7State shall designate a space on each original or renewal
8identification card where, at the request of the applicant, the
9word "veteran" shall be placed. The veteran designation shall
10be available to a person identified as a veteran under
11subsection (b) of Section 5 of this Act who was discharged or
12separated under honorable conditions.
13    (d) The Secretary of State may issue a Senior Citizen
14discount card, to any natural person who is a resident of the
15State of Illinois who is 60 years of age or older and who
16applies for such a card or renewal thereof. The Secretary of
17State shall charge no fee to issue such card. The card shall be
18issued in every county and applications shall be made available
19at, but not limited to, nutrition sites, senior citizen centers
20and Area Agencies on Aging. The applicant, upon receipt of such
21card and prior to its use for any purpose, shall have affixed
22thereon in the space provided therefor his signature or mark.
23    (e) The Secretary of State, in his or her discretion, may
24designate on each Illinois Identification Card or Illinois
25Person with a Disability Identification Card a space where the
26card holder may place a sticker or decal, issued by the

 

 

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1Secretary of State, of uniform size as the Secretary may
2specify, that shall indicate in appropriate language that the
3card holder has renewed his or her Illinois Identification Card
4or Illinois Person with a Disability Identification Card.
5(Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15;
699-305, eff. 1-1-16; 99-642, eff. 7-28-16; 99-907, eff. 7-1-17;
7100-513, eff. 1-1-18; 100-717, eff. 7-1-19.)
 
8    Section 110. The Unified Code of Corrections is amended by
9changing Sections 3-2.5-75 and 3-14-1 as follows:
 
10    (730 ILCS 5/3-2.5-75)
11    Sec. 3-2.5-75. Release from Department of Juvenile
12Justice.
13    (a) Upon release of a youth on aftercare, the Department
14shall return all property held for the youth, provide the youth
15with suitable clothing, and procure necessary transportation
16for the youth to his or her designated place of residence and
17employment. It may provide the youth with a grant of money for
18travel and expenses which may be paid in installments. The
19amount of the money grant shall be determined by the
20Department.
21    (b) Before a wrongfully imprisoned person, as defined in
22Section 3-1-2 of this Code, is discharged from the Department,
23the Department shall provide him or her with any documents
24necessary after discharge.

 

 

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1    (c) The Department of Juvenile Justice may establish and
2maintain, in any institution it administers, revolving funds to
3be known as "Travel and Allowances Revolving Funds". These
4revolving funds shall be used for advancing travel and expense
5allowances to committed, released, and discharged youth. The
6moneys paid into these revolving funds shall be from
7appropriations to the Department for committed, released, and
8discharged prisoners.
9    (d) Upon the release of a youth on aftercare, the
10Department shall provide that youth with information
11concerning programs and services of the Department of Public
12Health to ascertain whether that youth has been exposed to the
13human immunodeficiency virus (HIV) or any identified causative
14agent of Acquired Immunodeficiency Syndrome (AIDS).
15    (e) Upon the release of a youth on aftercare or who has
16been wrongfully imprisoned, the Department shall verify the
17youth's full name, date of birth, and social security number.
18If verification is made by the Department by obtaining a
19certified copy of the youth's birth certificate and the youth's
20social security card or other documents authorized by the
21Secretary, the Department shall provide the birth certificate
22and social security card or other documents authorized by the
23Secretary to the youth. If verification is done by means other
24than obtaining a certified copy of the youth's birth
25certificate and the youth's social security card or other
26documents authorized by the Secretary, the Department shall

 

 

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1complete a verification form, prescribed by the Secretary of
2State and shall provide that verification form to the youth.
3    (f) In order to determine how many persons released from
4incarceration in the Department of Juvenile Justice obtained
5permanent Illinois Identification Cards, the Department of
6Juvenile Justice shall track and issue an annual report to the
7General Assembly detailing the number of birth certificates
8obtained for persons while in its custody, the number of social
9security cards obtained for persons while in its custody, and
10the number of verification forms issued to persons in its
11custody within 30 days of a person's release from custody. The
12report shall include comparable data from the previous calendar
13year and shall reflect any increases or decreases. The
14Department of Juvenile Justice shall publish the reports on its
15website.
16(Source: P.A. 98-558, eff. 1-1-14; 98-685, eff. 1-1-15; 99-907,
17eff. 7-1-17.)
 
18    (730 ILCS 5/3-14-1)  (from Ch. 38, par. 1003-14-1)
19    Sec. 3-14-1. Release from the institution.
20    (a) Upon release of a person on parole, mandatory release,
21final discharge or pardon the Department shall return all
22property held for him, provide him with suitable clothing and
23procure necessary transportation for him to his designated
24place of residence and employment. It may provide such person
25with a grant of money for travel and expenses which may be paid

 

 

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1in installments. The amount of the money grant shall be
2determined by the Department.
3    (a-1) The Department shall, before a wrongfully imprisoned
4person, as defined in Section 3-1-2 of this Code, is discharged
5from the Department, provide him or her with any documents
6necessary after discharge.
7    (a-2) The Department of Corrections may establish and
8maintain, in any institution it administers, revolving funds to
9be known as "Travel and Allowances Revolving Funds". These
10revolving funds shall be used for advancing travel and expense
11allowances to committed, paroled, and discharged prisoners.
12The moneys paid into such revolving funds shall be from
13appropriations to the Department for Committed, Paroled, and
14Discharged Prisoners.
15    (a-3) Upon release of a person who is eligible to vote on
16parole, mandatory release, final discharge, or pardon, the
17Department shall provide the person with a form that informs
18him or her that his or her voting rights have been restored and
19a voter registration application. The Department shall have
20available voter registration applications in the languages
21provided by the Illinois State Board of Elections. The form
22that informs the person that his or her rights have been
23restored shall include the following information:
24        (1) All voting rights are restored upon release from
25    the Department's custody.
26        (2) A person who is eligible to vote must register in

 

 

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1    order to be able to vote.
2    The Department of Corrections shall confirm that the person
3received the voter registration application and has been
4informed that his or her voting rights have been restored.
5    (a-4) (a-3) Prior to release of a person on parole,
6mandatory supervised release, final discharge, or pardon, the
7Department shall screen every person for Medicaid eligibility.
8Officials of the correctional institution or facility where the
9committed person is assigned shall assist an eligible person to
10complete a Medicaid application to ensure that the person
11begins receiving benefits as soon as possible after his or her
12release. The application must include the eligible person's
13address associated with his or her residence upon release from
14the facility. If the residence is temporary, the eligible
15person must notify the Department of Human Services of his or
16her change in address upon transition to permanent housing.
17    (b) (Blank).
18    (c) Except as otherwise provided in this Code, the
19Department shall establish procedures to provide written
20notification of any release of any person who has been
21convicted of a felony to the State's Attorney and sheriff of
22the county from which the offender was committed, and the
23State's Attorney and sheriff of the county into which the
24offender is to be paroled or released. Except as otherwise
25provided in this Code, the Department shall establish
26procedures to provide written notification to the proper law

 

 

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1enforcement agency for any municipality of any release of any
2person who has been convicted of a felony if the arrest of the
3offender or the commission of the offense took place in the
4municipality, if the offender is to be paroled or released into
5the municipality, or if the offender resided in the
6municipality at the time of the commission of the offense. If a
7person convicted of a felony who is in the custody of the
8Department of Corrections or on parole or mandatory supervised
9release informs the Department that he or she has resided,
10resides, or will reside at an address that is a housing
11facility owned, managed, operated, or leased by a public
12housing agency, the Department must send written notification
13of that information to the public housing agency that owns,
14manages, operates, or leases the housing facility. The written
15notification shall, when possible, be given at least 14 days
16before release of the person from custody, or as soon
17thereafter as possible. The written notification shall be
18provided electronically if the State's Attorney, sheriff,
19proper law enforcement agency, or public housing agency has
20provided the Department with an accurate and up to date email
21address.
22    (c-1) (Blank).
23    (c-2) The Department shall establish procedures to provide
24notice to the Department of State Police of the release or
25discharge of persons convicted of violations of the
26Methamphetamine Control and Community Protection Act or a

 

 

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1violation of the Methamphetamine Precursor Control Act. The
2Department of State Police shall make this information
3available to local, State, or federal law enforcement agencies
4upon request.
5    (c-5) If a person on parole or mandatory supervised release
6becomes a resident of a facility licensed or regulated by the
7Department of Public Health, the Illinois Department of Public
8Aid, or the Illinois Department of Human Services, the
9Department of Corrections shall provide copies of the following
10information to the appropriate licensing or regulating
11Department and the licensed or regulated facility where the
12person becomes a resident:
13        (1) The mittimus and any pre-sentence investigation
14    reports.
15        (2) The social evaluation prepared pursuant to Section
16    3-8-2.
17        (3) Any pre-release evaluation conducted pursuant to
18    subsection (j) of Section 3-6-2.
19        (4) Reports of disciplinary infractions and
20    dispositions.
21        (5) Any parole plan, including orders issued by the
22    Prisoner Review Board, and any violation reports and
23    dispositions.
24        (6) The name and contact information for the assigned
25    parole agent and parole supervisor.
26    This information shall be provided within 3 days of the

 

 

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1person becoming a resident of the facility.
2    (c-10) If a person on parole or mandatory supervised
3release becomes a resident of a facility licensed or regulated
4by the Department of Public Health, the Illinois Department of
5Public Aid, or the Illinois Department of Human Services, the
6Department of Corrections shall provide written notification
7of such residence to the following:
8        (1) The Prisoner Review Board.
9        (2) The chief of police and sheriff in the municipality
10    and county in which the licensed facility is located.
11    The notification shall be provided within 3 days of the
12person becoming a resident of the facility.
13    (d) Upon the release of a committed person on parole,
14mandatory supervised release, final discharge or pardon, the
15Department shall provide such person with information
16concerning programs and services of the Illinois Department of
17Public Health to ascertain whether such person has been exposed
18to the human immunodeficiency virus (HIV) or any identified
19causative agent of Acquired Immunodeficiency Syndrome (AIDS).
20    (e) Upon the release of a committed person on parole,
21mandatory supervised release, final discharge, pardon, or who
22has been wrongfully imprisoned, the Department shall verify the
23released person's full name, date of birth, and social security
24number. If verification is made by the Department by obtaining
25a certified copy of the released person's birth certificate and
26the released person's social security card or other documents

 

 

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1authorized by the Secretary, the Department shall provide the
2birth certificate and social security card or other documents
3authorized by the Secretary to the released person. If
4verification by the Department is done by means other than
5obtaining a certified copy of the released person's birth
6certificate and the released person's social security card or
7other documents authorized by the Secretary, the Department
8shall complete a verification form, prescribed by the Secretary
9of State, and shall provide that verification form to the
10released person.
11    (f) Forty-five days prior to the scheduled discharge of a
12person committed to the custody of the Department of
13Corrections, the Department shall give the person who is
14otherwise uninsured an opportunity to apply for health care
15coverage including medical assistance under Article V of the
16Illinois Public Aid Code in accordance with subsection (b) of
17Section 1-8.5 of the Illinois Public Aid Code, and the
18Department of Corrections shall provide assistance with
19completion of the application for health care coverage
20including medical assistance. The Department may adopt rules to
21implement this Section.
22    (g) In order to determine how many persons released from
23incarceration in the Department obtained permanent Illinois
24Identification Cards, the Department shall track and issue an
25annual report to the General Assembly detailing the number of
26birth certificates obtained for persons while in its custody,

 

 

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1the number of social security cards obtained for persons while
2in its custody, and the number of verification forms issued to
3persons in its custody within 30 days of a person's release
4from custody. The report shall include comparable data from the
5previous calendar year and shall reflect any increases or
6decreases. The Department shall publish the reports on its
7website.
8(Source: P.A. 101-351, eff. 1-1-20; 101-442, eff. 1-1-20;
9revised 9-9-19.)