Full Text of HB3090 101st General Assembly
HB3090ham002 101ST GENERAL ASSEMBLY | Rep. Camille Y. Lilly Filed: 4/9/2019
| | 10100HB3090ham002 | | LRB101 08266 RLC 59066 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 3090
| 2 | | AMENDMENT NO. ______. Amend House Bill 3090, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. Short title. This Act may be cited as the | 6 | | Reporting of Deaths in Custody Act. | 7 | | Section 5. Report of deaths of persons in custody in | 8 | | correctional institutions. | 9 | | (a) In this Act, "law enforcement agency" includes the | 10 | | Department of Corrections, the Department of Juvenile Justice, | 11 | | and each law enforcement
entity within this State having the | 12 | | authority to arrest and detain persons suspected
of, or charged | 13 | | with, committing a criminal offense, and each law enforcement | 14 | | entity
that operates a lock up, jail, prison, or any other | 15 | | facility used to detain persons
for legitimate law enforcement | 16 | | purposes.
|
| | | 10100HB3090ham002 | - 2 - | LRB101 08266 RLC 59066 a |
|
| 1 | | (b) In any case in which a person dies while in custody of | 2 | | a law enforcement agency or a peace officer, the law | 3 | | enforcement
agency shall report the death in writing to the | 4 | | Illinois Criminal Justice Information Authority, no later than | 5 | | 30 days
after the date on which the person in custody or | 6 | | incarcerated died. The written report shall
contain the | 7 | | following information: | 8 | | (1) facts concerning the death that are in the | 9 | | possession of the law enforcement agency
in charge of the | 10 | | facility where the death
occurred including, but not | 11 | | limited to, cause and manner of death, race, age, and
| 12 | | gender of the decedent; | 13 | | (2) the jurisdiction, the law enforcement agency | 14 | | providing the
report, and the local or State facility where | 15 | | the death occurred; | 16 | | (3) if emergency care was
requested by the law | 17 | | enforcement agency in response to any illness, injury, | 18 | | self-inflicted
or otherwise, or other issue related to | 19 | | rapid deterioration of physical
wellness or human | 20 | | subsistence, and details concerning emergency care that | 21 | | was
provided to the decedent if emergency care was | 22 | | provided. | 23 | | (c) The law enforcement agency and the involved | 24 | | correctional administrators shall make a good faith effort to | 25 | | obtain all relevant facts and circumstances relevant
to the | 26 | | death and include those in the report. |
| | | 10100HB3090ham002 | - 3 - | LRB101 08266 RLC 59066 a |
|
| 1 | | (d) The Illinois Criminal Justice Information Authority | 2 | | shall create a standardized form to be used for the
purpose of | 3 | | collecting and reporting information as described in | 4 | | subsection (b). | 5 | | (e) Law enforcement agencies shall use the form described | 6 | | in subsection (d) to report all cases in which a person dies | 7 | | while in the custody of a law
enforcement agency or a peace | 8 | | officer. | 9 | | (f) The Illinois Criminal Justice Information Authority | 10 | | may determine the manner in which the form is
transmitted from | 11 | | a law enforcement agency to the Illinois Criminal Justice | 12 | | Information Authority. | 13 | | (g) The reports shall be public records within the meaning | 14 | | of subsection (c) of Section 2 of the Freedom of Information | 15 | | Act and are open to public
inspection, with the exception of | 16 | | any portion of the report that the Illinois Criminal Justice | 17 | | Information Authority
determines is privileged or protected | 18 | | under Illinois or federal law. | 19 | | (h) The Illinois Criminal Justice Information Authority | 20 | | shall make available to the public information of all
| 21 | | individual reports relating to deaths in custody through the | 22 | | Illinois Criminal Justice Information Authority's
website to | 23 | | be updated on a quarterly basis. | 24 | | (i) The Illinois Criminal Justice Information Authority | 25 | | shall issue a public annual report tabulating and
evaluating | 26 | | trends and information on deaths in custody, including, but not |
| | | 10100HB3090ham002 | - 4 - | LRB101 08266 RLC 59066 a |
|
| 1 | | limited
to: | 2 | | (1) information regarding cause and manner of death, | 3 | | race, and the gender of the decedent; | 4 | | (2)
the jurisdiction, law enforcement agency providing | 5 | | the report, and local or State
facility where the death | 6 | | occurred; and | 7 | | (3) recommendations and State and local efforts
| 8 | | underway to reduce deaths in custody. | 9 | | The report shall be submitted to the Governor, Attorney | 10 | | General, and General Assembly and made available to the public | 11 | | on the Illinois Criminal Justice Information Authority's | 12 | | website the first week of February of each year. | 13 | | (j) So that the State may oversee the healthcare provided | 14 | | to any person in the custody of each
law enforcement agency | 15 | | within this State, provision of medical services to these | 16 | | persons,
general care and treatment, and any other factors that | 17 | | may contribute to the death of any of
these persons, the | 18 | | following information shall be made available to the public on | 19 | | the
Illinois Criminal Justice Information Authority's website: | 20 | | (1) the number of deaths that occurred during the | 21 | | preceding calendar year; | 22 | | (2) the known, or discoverable upon reasonable | 23 | | inquiry, causes and contributing
factors of each of the | 24 | | in-custody deaths as defined in subsection (b); and | 25 | | (3) the law enforcement agency's policies, procedures, | 26 | | and protocols related to: |
| | | 10100HB3090ham002 | - 5 - | LRB101 08266 RLC 59066 a |
|
| 1 | | (A) treatment of a person experiencing withdrawal | 2 | | from alcohol or substance
use; | 3 | | (B) the facility's provision, or lack of | 4 | | provision, of medications used to treat,
mitigate, or | 5 | | address a person's symptoms; and | 6 | | (C) notifying an inmate's next of kin after the
| 7 | | inmate's
in-custody death. | 8 | | (k) The family, next of kin, or any other person reasonably | 9 | | nominated
by the decedent as an emergency contact shall be | 10 | | notified as soon as
possible in a suitable manner giving an | 11 | | accurate factual account of
the cause of death and | 12 | | circumstances surrounding the death in
custody. | 13 | | (l) The law enforcement agency shall name a
staff person to | 14 | | act as dedicated family liaison officer to be a point of
| 15 | | contact for the family, to make and maintain contact with the | 16 | | family,
to report ongoing developments and findings of | 17 | | investigations, and
to provide information and practical | 18 | | support. If requested by the deceased's next of kin, the law | 19 | | enforcement
agency shall arrange for a chaplain, counselor,
or | 20 | | other suitable staff member to meet with the family and discuss
| 21 | | any faith considerations or concerns. The family has a right to | 22 | | the
medical records of a family member who has died in custody | 23 | | and
these records shall be disclosed to them. | 24 | | (m) It is unlawful for a person who is required under this | 25 | | Section to file a report to fail to include in the report facts | 26 | | known or discovered in the report
to the Illinois Criminal |
| | | 10100HB3090ham002 | - 6 - | LRB101 08266 RLC 59066 a |
|
| 1 | | Justice Information Authority. A violation of this Section is a | 2 | | petty offense in which a fine of $500 per occurrence shall be | 3 | | imposed. Moneys received from the fines imposed under this | 4 | | subsection (m) shall be paid into the Criminal Justice | 5 | | Information Systems Trust Fund.
| 6 | | Section 105. The Illinois Identification Card Act is | 7 | | amended by changing Section 4 as follows:
| 8 | | (15 ILCS 335/4) (from Ch. 124, par. 24)
| 9 | | (Text of Section before amendment by P.A. 100-717 )
| 10 | | Sec. 4. Identification card.
| 11 | | (a) The Secretary of State shall issue a
standard Illinois | 12 | | Identification Card to any natural person who is a resident
of | 13 | | the State of Illinois who applies for such card, or renewal | 14 | | thereof. No identification card shall be issued to any person | 15 | | who holds a valid
foreign state
identification card, license, | 16 | | or permit unless the person first surrenders to
the Secretary | 17 | | of
State the valid foreign state identification card, license, | 18 | | or permit. The card shall be prepared and
supplied by the | 19 | | Secretary of State and shall include a photograph and signature | 20 | | or mark of the
applicant. However, the Secretary of State may | 21 | | provide by rule for the issuance of Illinois Identification | 22 | | Cards without photographs if the applicant has a bona fide | 23 | | religious objection to being photographed or to the display of | 24 | | his or her photograph. The Illinois Identification Card may be |
| | | 10100HB3090ham002 | - 7 - | LRB101 08266 RLC 59066 a |
|
| 1 | | used for
identification purposes in any lawful situation only | 2 | | by the person to
whom it was issued.
As used in this Act, | 3 | | "photograph" means any color photograph or digitally
produced | 4 | | and captured image of an applicant for an identification card. | 5 | | As
used in this Act, "signature" means the name of a person as | 6 | | written by that
person and captured in a manner acceptable to | 7 | | the Secretary of State. | 8 | | (a-5) If an applicant for an identification card has a | 9 | | current driver's license or instruction permit issued by the | 10 | | Secretary of State, the Secretary may require the applicant to | 11 | | utilize the same residence address and name on the | 12 | | identification card, driver's license, and instruction permit | 13 | | records maintained by the Secretary. The Secretary may | 14 | | promulgate rules to implement this provision.
| 15 | | (a-10) If the applicant is a judicial officer as defined in | 16 | | Section 1-10 of the Judicial Privacy Act or a peace officer, | 17 | | the applicant may elect to have his or her office or work | 18 | | address listed on the card instead of the applicant's residence | 19 | | or mailing address. The Secretary may promulgate rules to | 20 | | implement this provision. For the purposes of this subsection | 21 | | (a-10), "peace officer" means any person who by virtue of his | 22 | | or her office or public employment is vested by law with a duty | 23 | | to maintain public order or to make arrests for a violation of | 24 | | any penal statute of this State, whether that duty extends to | 25 | | all violations or is limited to specific violations. | 26 | | (a-15) The Secretary of State may provide for an expedited |
| | | 10100HB3090ham002 | - 8 - | LRB101 08266 RLC 59066 a |
|
| 1 | | process for the issuance of an Illinois Identification Card. | 2 | | The Secretary shall charge an additional fee for the expedited | 3 | | issuance of an Illinois Identification Card, to be set by rule, | 4 | | not to exceed $75. All fees collected by the Secretary for | 5 | | expedited Illinois Identification Card service shall be | 6 | | deposited into the Secretary of State Special Services Fund. | 7 | | The Secretary may adopt rules regarding the eligibility, | 8 | | process, and fee for an expedited Illinois Identification Card. | 9 | | If the Secretary of State determines that the volume of | 10 | | expedited identification card requests received on a given day | 11 | | exceeds the ability of the Secretary to process those requests | 12 | | in an expedited manner, the Secretary may decline to provide | 13 | | expedited services, and the additional fee for the expedited | 14 | | service shall be refunded to the applicant. | 15 | | (a-20) The Secretary of State shall issue a standard | 16 | | Illinois Identification Card to a committed person upon release | 17 | | on parole, mandatory supervised release, aftercare release, | 18 | | final discharge, or pardon from the Department of Corrections | 19 | | or Department of Juvenile Justice, if the released person | 20 | | presents a certified copy of his or her birth certificate, | 21 | | social security card or other documents authorized by the | 22 | | Secretary, and 2 documents proving his or her Illinois | 23 | | residence address. Documents proving residence address may | 24 | | include any official document of the Department of Corrections | 25 | | or the Department of Juvenile Justice showing the released | 26 | | person's address after release and a Secretary of State |
| | | 10100HB3090ham002 | - 9 - | LRB101 08266 RLC 59066 a |
|
| 1 | | prescribed certificate of residency form, which may be executed | 2 | | by Department of Corrections or Department of Juvenile Justice | 3 | | personnel. | 4 | | (a-25) The Secretary of State shall issue a limited-term | 5 | | Illinois Identification Card valid for 90 days to a committed | 6 | | person upon release on parole, mandatory supervised release, | 7 | | aftercare release, final discharge, or pardon from the | 8 | | Department of Corrections or Department of Juvenile Justice, if | 9 | | the released person is unable to present a certified copy of | 10 | | his or her birth certificate and social security card or other | 11 | | documents authorized by the Secretary, but does present a | 12 | | Secretary of State prescribed verification form completed by | 13 | | the Department of Corrections or Department of Juvenile | 14 | | Justice, verifying the released person's date of birth and | 15 | | social security number and 2 documents proving his or her | 16 | | Illinois residence address. The verification form must have | 17 | | been completed no more than 30 days prior to the date of | 18 | | application for the Illinois Identification Card. Documents | 19 | | proving residence address shall include any official document | 20 | | of the Department of Corrections or the Department of Juvenile | 21 | | Justice showing the person's address after release and a | 22 | | Secretary of State prescribed certificate of residency, which | 23 | | may be executed by Department of Corrections or Department of | 24 | | Juvenile Justice personnel. | 25 | | Prior to the expiration of the 90-day period of the | 26 | | limited-term Illinois Identification Card, if the released |
| | | 10100HB3090ham002 | - 10 - | LRB101 08266 RLC 59066 a |
|
| 1 | | person submits to the Secretary of State a certified copy of | 2 | | his or her birth certificate and his or her social security | 3 | | card or other documents authorized by the Secretary, a standard | 4 | | Illinois Identification Card shall be issued. A limited-term | 5 | | Illinois Identification Card may not be renewed. | 6 | | (b) The Secretary of State shall issue a special Illinois
| 7 | | Identification Card, which shall be known as an Illinois Person | 8 | | with a Disability
Identification Card, to any natural person | 9 | | who is a resident of the State
of Illinois, who is a person | 10 | | with a disability as defined in Section 4A of this Act,
who | 11 | | applies for such card, or renewal thereof. No Illinois Person | 12 | | with a Disability Identification Card shall be issued to any | 13 | | person who
holds a valid
foreign state identification card, | 14 | | license, or permit unless the person first
surrenders to the
| 15 | | Secretary of State the valid foreign state identification card, | 16 | | license, or
permit. The Secretary of State
shall charge no fee | 17 | | to issue such card. The card shall be prepared and
supplied by | 18 | | the Secretary of State, and shall include a photograph and | 19 | | signature or mark of the
applicant, a designation indicating | 20 | | that the card is an Illinois
Person with a Disability | 21 | | Identification Card, and shall include a comprehensible | 22 | | designation
of the type and classification of the applicant's | 23 | | disability as set out in
Section 4A of this Act. However, the | 24 | | Secretary of State may provide by rule for the issuance of | 25 | | Illinois Person with a Disability Identification Cards without | 26 | | photographs if the applicant has a bona fide religious |
| | | 10100HB3090ham002 | - 11 - | LRB101 08266 RLC 59066 a |
|
| 1 | | objection to being photographed or to the display of his or her | 2 | | photograph. If the applicant so requests, the card shall
| 3 | | include a description of the applicant's disability and any | 4 | | information
about the applicant's disability or medical | 5 | | history which the Secretary
determines would be helpful to the | 6 | | applicant in securing emergency medical
care. If a mark is used | 7 | | in lieu of a signature, such mark
shall be affixed to the card | 8 | | in the presence of two witnesses who attest to
the authenticity | 9 | | of the mark. The Illinois
Person with a Disability | 10 | | Identification Card may be used for identification purposes
in | 11 | | any lawful situation by the person to whom it was issued.
| 12 | | The Illinois Person with a Disability Identification Card | 13 | | may be used as adequate
documentation of disability in lieu of | 14 | | a physician's determination of
disability, a determination of | 15 | | disability from a physician assistant, a determination of | 16 | | disability from an advanced practice registered
nurse, or any
| 17 | | other documentation
of disability whenever
any
State law
| 18 | | requires that a person with a disability provide such | 19 | | documentation of disability,
however an Illinois Person with a | 20 | | Disability Identification Card shall not qualify
the | 21 | | cardholder to participate in any program or to receive any | 22 | | benefit
which is not available to all persons with like | 23 | | disabilities.
Notwithstanding any other provisions of law, an | 24 | | Illinois Person with a Disability
Identification Card, or | 25 | | evidence that the Secretary of State has issued an
Illinois | 26 | | Person with a Disability Identification Card, shall not be used |
| | | 10100HB3090ham002 | - 12 - | LRB101 08266 RLC 59066 a |
|
| 1 | | by any
person other than the person named on such card to prove | 2 | | that the person
named on such card is a person with a | 3 | | disability or for any other purpose unless the
card is used for | 4 | | the benefit of the person named on such card, and the
person | 5 | | named on such card consents to such use at the time the card is | 6 | | so used.
| 7 | | An optometrist's determination of a visual disability | 8 | | under Section 4A of this Act is acceptable as documentation for | 9 | | the purpose of issuing an Illinois Person with a Disability | 10 | | Identification Card. | 11 | | When medical information is contained on an Illinois Person | 12 | | with a Disability
Identification Card, the Office of the | 13 | | Secretary of State shall not be
liable for any actions taken | 14 | | based upon that medical information.
| 15 | | (c) The Secretary of State shall provide
that each original | 16 | | or renewal Illinois Identification Card or Illinois
Person with | 17 | | a Disability Identification Card issued to a person under the | 18 | | age of 21
shall be of a distinct nature from those Illinois | 19 | | Identification Cards or
Illinois Person with a Disability | 20 | | Identification Cards issued to individuals 21
years of age or | 21 | | older. The color designated for Illinois Identification
Cards | 22 | | or Illinois Person with a Disability Identification Cards for | 23 | | persons under
the age of 21 shall be at the discretion of the | 24 | | Secretary of State.
| 25 | | (c-1) Each original or renewal Illinois
Identification | 26 | | Card or Illinois Person with a Disability Identification Card |
| | | 10100HB3090ham002 | - 13 - | LRB101 08266 RLC 59066 a |
|
| 1 | | issued to
a person under the age of 21 shall display the date | 2 | | upon which the person
becomes 18 years of age and the date upon | 3 | | which the person becomes 21 years of
age.
| 4 | | (c-3) The General Assembly recognizes the need to identify | 5 | | military veterans living in this State for the purpose of | 6 | | ensuring that they receive all of the services and benefits to | 7 | | which they are legally entitled, including healthcare, | 8 | | education assistance, and job placement. To assist the State in | 9 | | identifying these veterans and delivering these vital services | 10 | | and benefits, the Secretary of State is authorized to issue | 11 | | Illinois Identification Cards and Illinois Person with a | 12 | | Disability Identification Cards with the word "veteran" | 13 | | appearing on the face of the cards. This authorization is | 14 | | predicated on the unique status of veterans. The Secretary may | 15 | | not issue any other identification card which identifies an | 16 | | occupation, status, affiliation, hobby, or other unique | 17 | | characteristics of the identification card holder which is | 18 | | unrelated to the purpose of the identification card.
| 19 | | (c-5) Beginning on or before July 1, 2015, the Secretary of | 20 | | State shall designate a space on each original or renewal | 21 | | identification card where, at the request of the applicant, the | 22 | | word "veteran" shall be placed. The veteran designation shall | 23 | | be available to a person identified as a veteran under | 24 | | subsection (b) of Section 5 of this Act who was discharged or | 25 | | separated under honorable conditions. | 26 | | (d) The Secretary of State may issue a Senior Citizen
|
| | | 10100HB3090ham002 | - 14 - | LRB101 08266 RLC 59066 a |
|
| 1 | | discount card, to any natural person who is a resident of the | 2 | | State of
Illinois who is 60 years of age or older and who | 3 | | applies for such a card or
renewal thereof. The Secretary of | 4 | | State shall charge no fee to issue such
card. The card shall be | 5 | | issued in every county and applications shall be
made available | 6 | | at, but not limited to, nutrition sites, senior citizen
centers | 7 | | and Area Agencies on Aging. The applicant, upon receipt of such
| 8 | | card and prior to its use for any purpose, shall have affixed | 9 | | thereon in
the space provided therefor his signature or mark.
| 10 | | (e) The Secretary of State, in his or her discretion, may | 11 | | designate on each Illinois
Identification Card or Illinois | 12 | | Person with a Disability Identification Card a space where the | 13 | | card holder may place a sticker or decal, issued by the | 14 | | Secretary of State, of uniform size as the Secretary may | 15 | | specify, that shall indicate in appropriate language that the | 16 | | card holder has renewed his or her Illinois
Identification Card | 17 | | or Illinois Person with a Disability Identification Card. | 18 | | (Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15; | 19 | | 99-305, eff. 1-1-16; 99-642, eff. 7-28-16; 99-907, eff. 7-1-17; | 20 | | 100-513, eff. 1-1-18 .)
| 21 | | (Text of Section after amendment by P.A. 100-717 ) | 22 | | Sec. 4. Identification card.
| 23 | | (a) The Secretary of State shall issue a
standard Illinois | 24 | | Identification Card to any natural person who is a resident
of | 25 | | the State of Illinois who applies for such card, or renewal |
| | | 10100HB3090ham002 | - 15 - | LRB101 08266 RLC 59066 a |
|
| 1 | | thereof. No identification card shall be issued to any person | 2 | | who holds a valid
foreign state
identification card, license, | 3 | | or permit unless the person first surrenders to
the Secretary | 4 | | of
State the valid foreign state identification card, license, | 5 | | or permit. The card shall be prepared and
supplied by the | 6 | | Secretary of State and shall include a photograph and signature | 7 | | or mark of the
applicant. However, the Secretary of State may | 8 | | provide by rule for the issuance of Illinois Identification | 9 | | Cards without photographs if the applicant has a bona fide | 10 | | religious objection to being photographed or to the display of | 11 | | his or her photograph. The Illinois Identification Card may be | 12 | | used for
identification purposes in any lawful situation only | 13 | | by the person to
whom it was issued.
As used in this Act, | 14 | | "photograph" means any color photograph or digitally
produced | 15 | | and captured image of an applicant for an identification card. | 16 | | As
used in this Act, "signature" means the name of a person as | 17 | | written by that
person and captured in a manner acceptable to | 18 | | the Secretary of State. | 19 | | (a-5) If an applicant for an identification card has a | 20 | | current driver's license or instruction permit issued by the | 21 | | Secretary of State, the Secretary may require the applicant to | 22 | | utilize the same residence address and name on the | 23 | | identification card, driver's license, and instruction permit | 24 | | records maintained by the Secretary. The Secretary may | 25 | | promulgate rules to implement this provision.
| 26 | | (a-10) If the applicant is a judicial officer as defined in |
| | | 10100HB3090ham002 | - 16 - | LRB101 08266 RLC 59066 a |
|
| 1 | | Section 1-10 of the Judicial Privacy Act or a peace officer, | 2 | | the applicant may elect to have his or her office or work | 3 | | address listed on the card instead of the applicant's residence | 4 | | or mailing address. The Secretary may promulgate rules to | 5 | | implement this provision. For the purposes of this subsection | 6 | | (a-10), "peace officer" means any person who by virtue of his | 7 | | or her office or public employment is vested by law with a duty | 8 | | to maintain public order or to make arrests for a violation of | 9 | | any penal statute of this State, whether that duty extends to | 10 | | all violations or is limited to specific violations. | 11 | | (a-15) The Secretary of State may provide for an expedited | 12 | | process for the issuance of an Illinois Identification Card. | 13 | | The Secretary shall charge an additional fee for the expedited | 14 | | issuance of an Illinois Identification Card, to be set by rule, | 15 | | not to exceed $75. All fees collected by the Secretary for | 16 | | expedited Illinois Identification Card service shall be | 17 | | deposited into the Secretary of State Special Services Fund. | 18 | | The Secretary may adopt rules regarding the eligibility, | 19 | | process, and fee for an expedited Illinois Identification Card. | 20 | | If the Secretary of State determines that the volume of | 21 | | expedited identification card requests received on a given day | 22 | | exceeds the ability of the Secretary to process those requests | 23 | | in an expedited manner, the Secretary may decline to provide | 24 | | expedited services, and the additional fee for the expedited | 25 | | service shall be refunded to the applicant. | 26 | | (a-20) The Secretary of State shall issue a standard |
| | | 10100HB3090ham002 | - 17 - | LRB101 08266 RLC 59066 a |
|
| 1 | | Illinois Identification Card to a committed person upon release | 2 | | on parole, mandatory supervised release, aftercare release, | 3 | | final discharge, or pardon from the Department of Corrections | 4 | | or Department of Juvenile Justice, if the released person | 5 | | presents a certified copy of his or her birth certificate, | 6 | | social security card or other documents authorized by the | 7 | | Secretary, and 2 documents proving his or her Illinois | 8 | | residence address. Documents proving residence address may | 9 | | include any official document of the Department of Corrections | 10 | | or the Department of Juvenile Justice showing the released | 11 | | person's address after release and a Secretary of State | 12 | | prescribed certificate of residency form, which may be executed | 13 | | by Department of Corrections or Department of Juvenile Justice | 14 | | personnel. | 15 | | (a-25) The Secretary of State shall issue a limited-term | 16 | | Illinois Identification Card valid for 90 days to a committed | 17 | | person upon release on parole, mandatory supervised release, | 18 | | aftercare release, final discharge, or pardon from the | 19 | | Department of Corrections or Department of Juvenile Justice, if | 20 | | the released person is unable to present a certified copy of | 21 | | his or her birth certificate and social security card or other | 22 | | documents authorized by the Secretary, but does present a | 23 | | Secretary of State prescribed verification form completed by | 24 | | the Department of Corrections or Department of Juvenile | 25 | | Justice, verifying the released person's date of birth and | 26 | | social security number and 2 documents proving his or her |
| | | 10100HB3090ham002 | - 18 - | LRB101 08266 RLC 59066 a |
|
| 1 | | Illinois residence address. The verification form must have | 2 | | been completed no more than 30 days prior to the date of | 3 | | application for the Illinois Identification Card. Documents | 4 | | proving residence address shall include any official document | 5 | | of the Department of Corrections or the Department of Juvenile | 6 | | Justice showing the person's address after release and a | 7 | | Secretary of State prescribed certificate of residency, which | 8 | | may be executed by Department of Corrections or Department of | 9 | | Juvenile Justice personnel. | 10 | | Prior to the expiration of the 90-day period of the | 11 | | limited-term Illinois Identification Card, if the released | 12 | | person submits to the Secretary of State a certified copy of | 13 | | his or her birth certificate and his or her social security | 14 | | card or other documents authorized by the Secretary, a standard | 15 | | Illinois Identification Card shall be issued. A limited-term | 16 | | Illinois Identification Card may not be renewed. | 17 | | (a-26)
The Secretary of State shall track and issue an | 18 | | annual report to the Governor, Attorney General, and General | 19 | | Assembly
detailing the number of permanent Illinois | 20 | | Identification Cards issued by the Secretary of State to | 21 | | persons presenting
verification forms issued by the Department | 22 | | of Juvenile Justice and Department of
Corrections. The report | 23 | | shall include comparable data from the previous calendar year | 24 | | and shall reflect
any increases or decreases. The Secretary of | 25 | | State shall publish the report on the Secretary of State's | 26 | | website. |
| | | 10100HB3090ham002 | - 19 - | LRB101 08266 RLC 59066 a |
|
| 1 | | (a-30) The Secretary of State shall issue a standard | 2 | | Illinois Identification Card to a person upon conditional | 3 | | release or absolute discharge from the custody of the | 4 | | Department of Human Services, if the person presents a | 5 | | certified copy of his or her birth certificate, social security | 6 | | card, or other documents authorized by the Secretary, and a | 7 | | document proving his or her Illinois residence address. The | 8 | | Secretary of State shall issue a standard Illinois | 9 | | Identification Card to a person no sooner than 14 days prior to | 10 | | his or her conditional release or absolute discharge if | 11 | | personnel from the Department of Human Services bring the | 12 | | person to a Secretary of State location with the required | 13 | | documents. Documents proving residence address may include any | 14 | | official document of the Department of Human Services showing | 15 | | the person's address after release and a Secretary of State | 16 | | prescribed verification form, which may be executed by | 17 | | personnel of the Department of Human Services. | 18 | | (a-35) The Secretary of State shall issue a limited-term | 19 | | Illinois Identification Card valid for 90 days to a person upon | 20 | | conditional release or absolute discharge from the custody of | 21 | | the Department of Human Services, if the person is unable to | 22 | | present a certified copy of his or her birth certificate and | 23 | | social security card or other documents authorized by the | 24 | | Secretary, but does present a Secretary of State prescribed | 25 | | verification form completed by the Department of Human | 26 | | Services, verifying the person's date of birth and social |
| | | 10100HB3090ham002 | - 20 - | LRB101 08266 RLC 59066 a |
|
| 1 | | security number, and a document proving his or her Illinois | 2 | | residence address. The verification form must have been | 3 | | completed no more than 30 days prior to the date of application | 4 | | for the Illinois Identification Card. The Secretary of State | 5 | | shall issue a limited-term Illinois Identification Card to a | 6 | | person no sooner than 14 days prior to his or her conditional | 7 | | release or absolute discharge if personnel from the Department | 8 | | of Human Services bring the person to a Secretary of State | 9 | | location with the required documents. Documents proving | 10 | | residence address shall include any official document of the | 11 | | Department of Human Services showing the person's address after | 12 | | release and a Secretary of State prescribed verification form, | 13 | | which may be executed
by personnel of the Department of Human | 14 | | Services. | 15 | | (b) The Secretary of State shall issue a special Illinois
| 16 | | Identification Card, which shall be known as an Illinois Person | 17 | | with a Disability
Identification Card, to any natural person | 18 | | who is a resident of the State
of Illinois, who is a person | 19 | | with a disability as defined in Section 4A of this Act,
who | 20 | | applies for such card, or renewal thereof. No Illinois Person | 21 | | with a Disability Identification Card shall be issued to any | 22 | | person who
holds a valid
foreign state identification card, | 23 | | license, or permit unless the person first
surrenders to the
| 24 | | Secretary of State the valid foreign state identification card, | 25 | | license, or
permit. The Secretary of State
shall charge no fee | 26 | | to issue such card. The card shall be prepared and
supplied by |
| | | 10100HB3090ham002 | - 21 - | LRB101 08266 RLC 59066 a |
|
| 1 | | the Secretary of State, and shall include a photograph and | 2 | | signature or mark of the
applicant, a designation indicating | 3 | | that the card is an Illinois
Person with a Disability | 4 | | Identification Card, and shall include a comprehensible | 5 | | designation
of the type and classification of the applicant's | 6 | | disability as set out in
Section 4A of this Act. However, the | 7 | | Secretary of State may provide by rule for the issuance of | 8 | | Illinois Person with a Disability Identification Cards without | 9 | | photographs if the applicant has a bona fide religious | 10 | | objection to being photographed or to the display of his or her | 11 | | photograph. If the applicant so requests, the card shall
| 12 | | include a description of the applicant's disability and any | 13 | | information
about the applicant's disability or medical | 14 | | history which the Secretary
determines would be helpful to the | 15 | | applicant in securing emergency medical
care. If a mark is used | 16 | | in lieu of a signature, such mark
shall be affixed to the card | 17 | | in the presence of two witnesses who attest to
the authenticity | 18 | | of the mark. The Illinois
Person with a Disability | 19 | | Identification Card may be used for identification purposes
in | 20 | | any lawful situation by the person to whom it was issued.
| 21 | | The Illinois Person with a Disability Identification Card | 22 | | may be used as adequate
documentation of disability in lieu of | 23 | | a physician's determination of
disability, a determination of | 24 | | disability from a physician assistant, a determination of | 25 | | disability from an advanced practice registered
nurse, or any
| 26 | | other documentation
of disability whenever
any
State law
|
| | | 10100HB3090ham002 | - 22 - | LRB101 08266 RLC 59066 a |
|
| 1 | | requires that a person with a disability provide such | 2 | | documentation of disability,
however an Illinois Person with a | 3 | | Disability Identification Card shall not qualify
the | 4 | | cardholder to participate in any program or to receive any | 5 | | benefit
which is not available to all persons with like | 6 | | disabilities.
Notwithstanding any other provisions of law, an | 7 | | Illinois Person with a Disability
Identification Card, or | 8 | | evidence that the Secretary of State has issued an
Illinois | 9 | | Person with a Disability Identification Card, shall not be used | 10 | | by any
person other than the person named on such card to prove | 11 | | that the person
named on such card is a person with a | 12 | | disability or for any other purpose unless the
card is used for | 13 | | the benefit of the person named on such card, and the
person | 14 | | named on such card consents to such use at the time the card is | 15 | | so used.
| 16 | | An optometrist's determination of a visual disability | 17 | | under Section 4A of this Act is acceptable as documentation for | 18 | | the purpose of issuing an Illinois Person with a Disability | 19 | | Identification Card. | 20 | | When medical information is contained on an Illinois Person | 21 | | with a Disability
Identification Card, the Office of the | 22 | | Secretary of State shall not be
liable for any actions taken | 23 | | based upon that medical information.
| 24 | | (c) The Secretary of State shall provide
that each original | 25 | | or renewal Illinois Identification Card or Illinois
Person with | 26 | | a Disability Identification Card issued to a person under the |
| | | 10100HB3090ham002 | - 23 - | LRB101 08266 RLC 59066 a |
|
| 1 | | age of 21
shall be of a distinct nature from those Illinois | 2 | | Identification Cards or
Illinois Person with a Disability | 3 | | Identification Cards issued to individuals 21
years of age or | 4 | | older. The color designated for Illinois Identification
Cards | 5 | | or Illinois Person with a Disability Identification Cards for | 6 | | persons under
the age of 21 shall be at the discretion of the | 7 | | Secretary of State.
| 8 | | (c-1) Each original or renewal Illinois
Identification | 9 | | Card or Illinois Person with a Disability Identification Card | 10 | | issued to
a person under the age of 21 shall display the date | 11 | | upon which the person
becomes 18 years of age and the date upon | 12 | | which the person becomes 21 years of
age.
| 13 | | (c-3) The General Assembly recognizes the need to identify | 14 | | military veterans living in this State for the purpose of | 15 | | ensuring that they receive all of the services and benefits to | 16 | | which they are legally entitled, including healthcare, | 17 | | education assistance, and job placement. To assist the State in | 18 | | identifying these veterans and delivering these vital services | 19 | | and benefits, the Secretary of State is authorized to issue | 20 | | Illinois Identification Cards and Illinois Person with a | 21 | | Disability Identification Cards with the word "veteran" | 22 | | appearing on the face of the cards. This authorization is | 23 | | predicated on the unique status of veterans. The Secretary may | 24 | | not issue any other identification card which identifies an | 25 | | occupation, status, affiliation, hobby, or other unique | 26 | | characteristics of the identification card holder which is |
| | | 10100HB3090ham002 | - 24 - | LRB101 08266 RLC 59066 a |
|
| 1 | | unrelated to the purpose of the identification card.
| 2 | | (c-5) Beginning on or before July 1, 2015, the Secretary of | 3 | | State shall designate a space on each original or renewal | 4 | | identification card where, at the request of the applicant, the | 5 | | word "veteran" shall be placed. The veteran designation shall | 6 | | be available to a person identified as a veteran under | 7 | | subsection (b) of Section 5 of this Act who was discharged or | 8 | | separated under honorable conditions. | 9 | | (d) The Secretary of State may issue a Senior Citizen
| 10 | | discount card, to any natural person who is a resident of the | 11 | | State of
Illinois who is 60 years of age or older and who | 12 | | applies for such a card or
renewal thereof. The Secretary of | 13 | | State shall charge no fee to issue such
card. The card shall be | 14 | | issued in every county and applications shall be
made available | 15 | | at, but not limited to, nutrition sites, senior citizen
centers | 16 | | and Area Agencies on Aging. The applicant, upon receipt of such
| 17 | | card and prior to its use for any purpose, shall have affixed | 18 | | thereon in
the space provided therefor his signature or mark.
| 19 | | (e) The Secretary of State, in his or her discretion, may | 20 | | designate on each Illinois
Identification Card or Illinois | 21 | | Person with a Disability Identification Card a space where the | 22 | | card holder may place a sticker or decal, issued by the | 23 | | Secretary of State, of uniform size as the Secretary may | 24 | | specify, that shall indicate in appropriate language that the | 25 | | card holder has renewed his or her Illinois
Identification Card | 26 | | or Illinois Person with a Disability Identification Card. |
| | | 10100HB3090ham002 | - 25 - | LRB101 08266 RLC 59066 a |
|
| 1 | | (Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15; | 2 | | 99-305, eff. 1-1-16; 99-642, eff. 7-28-16; 99-907, eff. 7-1-17; | 3 | | 100-513, eff. 1-1-18; 100-717, eff. 7-1-19.)
| 4 | | Section 110. The Unified Code of Corrections is amended by | 5 | | changing Sections 3-2.5-75, 3-14-1, and 3-15-2 as follows: | 6 | | (730 ILCS 5/3-2.5-75) | 7 | | Sec. 3-2.5-75. Release from Department of Juvenile | 8 | | Justice. | 9 | | (a) Upon release of a youth on aftercare, the Department | 10 | | shall return all property held for the youth, provide the youth | 11 | | with suitable clothing, and procure necessary transportation | 12 | | for the youth to his or her designated place of residence and | 13 | | employment. It may provide the youth with a grant of money for | 14 | | travel and expenses which may be paid in installments. The | 15 | | amount of the money grant shall be determined by the | 16 | | Department. | 17 | | (b) Before a wrongfully imprisoned person, as defined in | 18 | | Section 3-1-2 of this Code, is discharged from the Department, | 19 | | the Department shall provide him or her with any documents | 20 | | necessary after discharge. | 21 | | (c) The Department of Juvenile Justice may establish and | 22 | | maintain, in any institution it administers, revolving funds to | 23 | | be known as "Travel and Allowances Revolving Funds". These | 24 | | revolving funds shall be used for advancing travel and expense |
| | | 10100HB3090ham002 | - 26 - | LRB101 08266 RLC 59066 a |
|
| 1 | | allowances to committed, released, and discharged youth. The | 2 | | moneys paid into these revolving funds shall be from | 3 | | appropriations to the Department for committed, released, and | 4 | | discharged prisoners. | 5 | | (d) Upon the release of a youth on aftercare, the | 6 | | Department shall provide that youth with information | 7 | | concerning programs and services of the Department of Public | 8 | | Health to ascertain whether that youth has been exposed to the | 9 | | human immunodeficiency virus (HIV) or any identified causative | 10 | | agent of Acquired Immunodeficiency Syndrome (AIDS). | 11 | | (e) Upon the release of a youth on aftercare or who has | 12 | | been wrongfully imprisoned, the Department shall verify the | 13 | | youth's full name, date of birth, and social security number. | 14 | | If verification is made by the Department by obtaining a | 15 | | certified copy of the youth's birth certificate and the youth's | 16 | | social security card or other documents authorized by the | 17 | | Secretary, the Department shall provide the birth certificate | 18 | | and social security card or other documents authorized by the | 19 | | Secretary to the youth. If verification is done by means other | 20 | | than obtaining a certified copy of the youth's birth | 21 | | certificate and the youth's social security card or other | 22 | | documents authorized by the Secretary, the Department shall | 23 | | complete a verification form, prescribed by the Secretary of | 24 | | State and shall provide that verification form to the youth. | 25 | | (f) In order to determine how many persons released from | 26 | | incarceration in the Department of
Juvenile Justice obtained |
| | | 10100HB3090ham002 | - 27 - | LRB101 08266 RLC 59066 a |
|
| 1 | | permanent Illinois Identification Cards, the
Department of | 2 | | Juvenile Justice shall track and issue an annual
report to the | 3 | | Governor, Attorney General, and General Assembly detailing the | 4 | | number of birth certificates obtained for persons while
in its | 5 | | custody, the number of social security cards obtained for | 6 | | persons while in its custody, and
the number of verification | 7 | | forms issued to persons in its custody within 30 days of a | 8 | | person's
release from custody. The report shall include | 9 | | comparable data from the previous calendar year and
shall | 10 | | reflect any increases or decreases. The Department of Juvenile | 11 | | Justice shall
publish the reports on its website.
| 12 | | (Source: P.A. 98-558, eff. 1-1-14; 98-685, eff. 1-1-15; 99-907, | 13 | | eff. 7-1-17 .)
| 14 | | (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
| 15 | | Sec. 3-14-1. Release from the institution.
| 16 | | (a) Upon release of a person on parole, mandatory release, | 17 | | final
discharge or pardon the Department shall return all | 18 | | property held for
him, provide him with suitable clothing and | 19 | | procure necessary
transportation for him to his designated | 20 | | place of residence and
employment. It may provide such person | 21 | | with a grant of money for travel and
expenses which may be paid | 22 | | in installments. The amount of the money grant
shall be | 23 | | determined by the Department.
| 24 | | (a-1) The Department shall, before a wrongfully imprisoned | 25 | | person, as defined in Section 3-1-2 of this Code, is discharged |
| | | 10100HB3090ham002 | - 28 - | LRB101 08266 RLC 59066 a |
|
| 1 | | from the Department, provide him or her with any documents | 2 | | necessary after discharge. | 3 | | (a-2) The Department of Corrections may establish and | 4 | | maintain, in any institution
it administers, revolving funds to | 5 | | be known as "Travel and Allowances Revolving
Funds". These | 6 | | revolving funds shall be used for advancing travel and expense
| 7 | | allowances to committed, paroled, and discharged prisoners. | 8 | | The moneys
paid into such revolving funds shall be from | 9 | | appropriations to the Department
for Committed, Paroled, and | 10 | | Discharged Prisoners.
| 11 | | (b) (Blank).
| 12 | | (c) Except as otherwise provided in this Code, the | 13 | | Department shall
establish procedures to provide written | 14 | | notification of any release of any
person who has been | 15 | | convicted of a felony to the State's Attorney
and sheriff of | 16 | | the county from which the offender was committed, and the
| 17 | | State's Attorney and sheriff of the county into which the | 18 | | offender is to be
paroled or released. Except as otherwise | 19 | | provided in this Code, the
Department shall establish | 20 | | procedures to provide written notification to
the proper law | 21 | | enforcement agency for any municipality of any release of any
| 22 | | person who has been convicted of a felony if the arrest of the | 23 | | offender or the
commission of the offense took place in the | 24 | | municipality, if the offender is to
be paroled or released into | 25 | | the municipality, or if the offender resided in the
| 26 | | municipality at the time of the commission of the offense. If a |
| | | 10100HB3090ham002 | - 29 - | LRB101 08266 RLC 59066 a |
|
| 1 | | person
convicted of a felony who is in the custody of the | 2 | | Department of Corrections or
on parole or mandatory supervised | 3 | | release informs the Department that he or she
has resided, | 4 | | resides, or will
reside at an address that is a housing | 5 | | facility owned, managed,
operated, or leased by a public | 6 | | housing agency, the Department must send
written notification | 7 | | of that information to the public housing agency that
owns, | 8 | | manages, operates, or leases the housing facility. The written
| 9 | | notification shall, when possible, be given at least 14 days | 10 | | before release of
the person from custody, or as soon | 11 | | thereafter as possible. The written notification shall be | 12 | | provided electronically if the State's Attorney, sheriff, | 13 | | proper law enforcement agency, or public housing agency has | 14 | | provided the Department with an accurate and up to date email | 15 | | address.
| 16 | | (c-1) (Blank). | 17 | | (c-2) The Department shall establish procedures to provide | 18 | | notice to the Department of State Police of the release or | 19 | | discharge of persons convicted of violations of the | 20 | | Methamphetamine Control and Community
Protection Act or a | 21 | | violation of the Methamphetamine Precursor Control Act. The | 22 | | Department of State Police shall make this information | 23 | | available to local, State, or federal law enforcement agencies | 24 | | upon request. | 25 | | (c-5) If a person on parole or mandatory supervised release | 26 | | becomes a resident of a facility licensed or regulated by the |
| | | 10100HB3090ham002 | - 30 - | LRB101 08266 RLC 59066 a |
|
| 1 | | Department of Public Health, the Illinois Department of Public | 2 | | Aid, or the Illinois Department of Human Services, the | 3 | | Department of Corrections shall provide copies of the following | 4 | | information to the appropriate licensing or regulating | 5 | | Department and the licensed or regulated facility where the | 6 | | person becomes a resident: | 7 | | (1) The mittimus and any pre-sentence investigation | 8 | | reports. | 9 | | (2) The social evaluation prepared pursuant to Section | 10 | | 3-8-2. | 11 | | (3) Any pre-release evaluation conducted pursuant to | 12 | | subsection (j) of Section 3-6-2. | 13 | | (4) Reports of disciplinary infractions and | 14 | | dispositions. | 15 | | (5) Any parole plan, including orders issued by the | 16 | | Prisoner Review Board, and any violation reports and | 17 | | dispositions. | 18 | | (6) The name and contact information for the assigned | 19 | | parole agent and parole supervisor.
| 20 | | This information shall be provided within 3 days of the | 21 | | person becoming a resident of the facility.
| 22 | | (c-10) 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 written notification |
| | | 10100HB3090ham002 | - 31 - | LRB101 08266 RLC 59066 a |
|
| 1 | | of such residence to the following: | 2 | | (1) The Prisoner Review Board. | 3 | | (2) The
chief of police and sheriff in the municipality | 4 | | and county in which the licensed facility is located. | 5 | | The notification shall be provided within 3 days of the | 6 | | person becoming a resident of the facility.
| 7 | | (d) Upon the release of a committed person on parole, | 8 | | mandatory
supervised release, final discharge or pardon, the | 9 | | Department shall provide
such person with information | 10 | | concerning programs and services of the
Illinois Department of | 11 | | Public Health to ascertain whether such person has
been exposed | 12 | | to the human immunodeficiency virus (HIV) or any identified
| 13 | | causative agent of Acquired Immunodeficiency Syndrome (AIDS).
| 14 | | (e) Upon the release of a committed person on parole, | 15 | | mandatory supervised
release, final discharge, pardon, or who | 16 | | has been wrongfully imprisoned, the Department shall verify the | 17 | | released person's full name, date of birth, and social security | 18 | | number. If verification is made by the Department by obtaining | 19 | | a certified copy of the released person's birth certificate and | 20 | | the released person's social security card or other documents | 21 | | authorized by the Secretary, the Department shall provide the | 22 | | birth certificate and social security card or other documents | 23 | | authorized by the Secretary to the released person. If | 24 | | verification by the Department is done by means other than | 25 | | obtaining a certified copy of the released person's birth | 26 | | certificate and the released person's social security card or |
| | | 10100HB3090ham002 | - 32 - | LRB101 08266 RLC 59066 a |
|
| 1 | | other documents authorized by the Secretary, the Department | 2 | | shall complete a verification form, prescribed by the Secretary | 3 | | of State, and shall provide that verification form to the | 4 | | released person.
| 5 | | (f) Forty-five days prior to the scheduled discharge of a | 6 | | person committed to the custody of the Department of | 7 | | Corrections, the Department shall give the person who is | 8 | | otherwise uninsured an opportunity to apply for health care | 9 | | coverage including medical assistance under Article V of the | 10 | | Illinois Public Aid Code in accordance with subsection (b) of | 11 | | Section 1-8.5 of the Illinois Public Aid Code, and the | 12 | | Department of Corrections shall provide assistance with | 13 | | completion of the application for health care coverage | 14 | | including medical assistance. The Department may adopt rules to | 15 | | implement this Section. | 16 | | (g) In order to determine how many persons released from | 17 | | incarceration in the Department obtained permanent Illinois | 18 | | Identification Cards, the
Department shall track and issue an | 19 | | annual
report to the Governor, Attorney General, and General | 20 | | Assembly detailing the number of birth certificates obtained | 21 | | for persons while
in its custody, the number of social security | 22 | | cards obtained for persons while in its custody, and
the number | 23 | | of verification forms issued to persons in its custody within | 24 | | 30 days of a person's
release from custody. The report shall | 25 | | include comparable data from the previous calendar year and
| 26 | | shall reflect any increases or decreases. The Department shall
|
| | | 10100HB3090ham002 | - 33 - | LRB101 08266 RLC 59066 a |
|
| 1 | | publish the reports on its website. | 2 | | (Source: P.A. 98-267, eff. 1-1-14; 99-415, eff. 8-20-15; | 3 | | 99-907, eff. 7-1-17 .)
| 4 | | (730 ILCS 5/3-15-2) (from Ch. 38, par. 1003-15-2)
| 5 | | Sec. 3-15-2. Standards and Assistance to Local Jails and | 6 | | Detention
and Shelter Care Facilities. | 7 | | (a) The Department of Corrections shall establish for the | 8 | | operation of county and
municipal jails and houses of | 9 | | correction, minimum standards for the physical
condition of | 10 | | such institutions and for the treatment of inmates with
respect | 11 | | to their health and safety and the security of the community.
| 12 | | The Department of Juvenile Justice shall establish for the | 13 | | operation of county juvenile detention
and shelter care | 14 | | facilities established pursuant to the County Shelter
Care and | 15 | | Detention Home Act, minimum standards for the physical
| 16 | | condition of such institutions and for the treatment of | 17 | | juveniles with
respect to their health and safety and the | 18 | | security of the community.
| 19 | | Such standards shall not apply to county shelter care | 20 | | facilities which
were in operation prior to January 1, 1980. | 21 | | Such standards shall not seek
to mandate minimum floor space | 22 | | requirements for each inmate housed in cells
and detention | 23 | | rooms in county and
municipal jails and houses of correction.
| 24 | | However, no more than two inmates may be housed in a single | 25 | | cell or detention
room.
|
| | | 10100HB3090ham002 | - 34 - | LRB101 08266 RLC 59066 a |
|
| 1 | | When an inmate is tested for an airborne
communicable | 2 | | disease, as determined by the Illinois Department of Public
| 3 | | Health including but not limited to tuberculosis, the results | 4 | | of
the test
shall be personally delivered by the warden or his | 5 | | or her designee in a sealed
envelope to the judge of the court | 6 | | in which the inmate must appear for the
judge's inspection in | 7 | | camera if requested by the judge. Acting in accordance
with the | 8 | | best interests of those in the courtroom, the judge shall have | 9 | | the
discretion to determine what if any precautions need to be | 10 | | taken to prevent
transmission of the disease in the courtroom.
| 11 | | (b) At least once each year, the Department of Corrections | 12 | | may inspect each
adult
facility for compliance with the | 13 | | standards established and the results
of such inspection shall | 14 | | be made available by the Department for public
inspection. At | 15 | | least once each year, the Department of Juvenile Justice shall | 16 | | inspect each
county juvenile detention and shelter care | 17 | | facility for compliance with the
standards established, and the | 18 | | Department of Juvenile Justice shall make the results of such
| 19 | | inspections available for public inspection.
If any detention, | 20 | | shelter care or correctional facility does
not comply with the | 21 | | standards established, the Director of Corrections
or the | 22 | | Director of Juvenile Justice, as the case may be, shall give | 23 | | notice to the county board and the sheriff or the corporate
| 24 | | authorities of the municipality, as the case may be, of such
| 25 | | noncompliance, specifying the particular standards that have | 26 | | not been
met by such facility. If the facility is not in |
| | | 10100HB3090ham002 | - 35 - | LRB101 08266 RLC 59066 a |
|
| 1 | | compliance with such
standards when six months have elapsed | 2 | | from the giving of such notice,
the Director of Corrections or | 3 | | the Director of Juvenile Justice, as the case may be, may | 4 | | petition the appropriate court for an
order requiring such | 5 | | facility to comply with the standards established
by the | 6 | | Department or for other appropriate relief.
| 7 | | (c) The Department of Corrections may provide consultation | 8 | | services for the
design, construction, programs and | 9 | | administration of correctional facilities and services for | 10 | | adults
operated by counties and municipalities and may make | 11 | | studies and
surveys of the programs and the administration of | 12 | | such facilities.
Personnel of the Department shall be admitted | 13 | | to these facilities as
required for such purposes. The | 14 | | Department may develop and administer
programs of | 15 | | grants-in-aid for correctional services in cooperation with
| 16 | | local agencies. The Department may provide courses of training | 17 | | for the
personnel of such institutions and conduct pilot | 18 | | projects in the
institutions.
| 19 | | (c-5) The Department of Juvenile Justice may provide | 20 | | consultation services for the
design, construction, programs, | 21 | | and administration of detention and shelter care services for | 22 | | children operated by counties and municipalities and may make | 23 | | studies and
surveys of the programs and the administration of | 24 | | such facilities.
Personnel of the Department of Juvenile | 25 | | Justice shall be admitted to these facilities as
required for | 26 | | such purposes. The Department of Juvenile Justice may develop |
| | | 10100HB3090ham002 | - 36 - | LRB101 08266 RLC 59066 a |
|
| 1 | | and administer
programs of grants-in-aid for juvenile | 2 | | correctional services in cooperation with
local agencies. The | 3 | | Department of Juvenile Justice may provide courses of training | 4 | | for the
personnel of such institutions and conduct pilot | 5 | | projects in the
institutions.
| 6 | | (d) The Department is authorized to issue reimbursement | 7 | | grants for
counties, municipalities or public building | 8 | | commissions for the purpose of
meeting minimum correctional | 9 | | facilities standards set by the Department
under this Section. | 10 | | Grants may be issued only for projects that were
completed | 11 | | after July 1, 1980 and initiated prior to January 1, 1987.
| 12 | | (1) Grants for regional correctional facilities shall | 13 | | not exceed 90% of
the project costs or $7,000,000, | 14 | | whichever is less.
| 15 | | (2) Grants for correctional facilities by a single | 16 | | county, municipality
or public building commission shall | 17 | | not exceed 75% of the proposed project
costs or $4,000,000, | 18 | | whichever is less.
| 19 | | (3) As used in this subsection (d), "project" means | 20 | | only that part of a
facility that is constructed for jail, | 21 | | correctional or detention purposes
and does not include | 22 | | other areas of multi-purpose buildings.
| 23 | | Construction or renovation grants are authorized to be | 24 | | issued by the
Capital Development Board from capital | 25 | | development bond funds after
application by a county or | 26 | | counties, municipality or municipalities or
public building |
| | | 10100HB3090ham002 | - 37 - | LRB101 08266 RLC 59066 a |
|
| 1 | | commission or commissions and approval of a construction or
| 2 | | renovation grant by the Department for projects initiated after
| 3 | | January 1, 1987.
| 4 | | (e) The Department of Corrections shall adopt standards for | 5 | | county jails to hold
juveniles on a temporary basis, as | 6 | | provided in Section 5-410 of the
Juvenile Court Act of 1987. | 7 | | These standards shall include monitoring,
educational, | 8 | | recreational, and disciplinary standards as well
as access to | 9 | | medical services, crisis intervention, mental health services,
| 10 | | suicide prevention, health care, nutritional needs, and | 11 | | visitation rights. The
Department of Corrections shall also | 12 | | notify any county applying to hold juveniles in a county
jail | 13 | | of the standards for juvenile detention
under Section 5-410 of | 14 | | the Juvenile Court Act of
1987.
| 15 | | (f) The report of a death of a person to the Illinois | 16 | | Criminal Justice Information Authority under the Reporting of | 17 | | Deaths in Custody Act that occurs while the person is in the | 18 | | custody of a county juvenile detention
or shelter care facility | 19 | | shall be transmitted to the Department of Juvenile Justice. The | 20 | | report of a death of a person under the Reporting of Deaths in | 21 | | Custody Act that occurs while the person is in the custody of a | 22 | | county or
municipal jail or house of correction shall be | 23 | | transmitted to the Department of Corrections. The report of | 24 | | those deaths as provided in this subsection (f) shall be the | 25 | | only report of those deaths that is required to be reported by | 26 | | the Department of Corrections and the Department of Juvenile |
| | | 10100HB3090ham002 | - 38 - | LRB101 08266 RLC 59066 a |
|
| 1 | | Justice to the Illinois Criminal Justice Information | 2 | | Authority. | 3 | | (Source: P.A. 98-685, eff. 1-1-15 .)
| 4 | | Section 995. No acceleration or delay. Where this Act makes | 5 | | changes in a statute that is represented in this Act by text | 6 | | that is not yet or no longer in effect (for example, a Section | 7 | | represented by multiple versions), the use of that text does | 8 | | not accelerate or delay the taking effect of (i) the changes | 9 | | made by this Act or (ii) provisions derived from any other | 10 | | Public Act.".
|
|