Full Text of SB1744 101st General Assembly
SB1744enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Section 3-14-1 as follows:
| 6 | | (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
| 7 | | Sec. 3-14-1. Release from the institution.
| 8 | | (a) Upon release of a person on parole, mandatory release, | 9 | | final
discharge or pardon the Department shall return all | 10 | | property held for
him, provide him with suitable clothing and | 11 | | procure necessary
transportation for him to his designated | 12 | | place of residence and
employment. It may provide such person | 13 | | with a grant of money for travel and
expenses which may be paid | 14 | | in installments. The amount of the money grant
shall be | 15 | | determined by the Department.
| 16 | | (a-1) The Department shall, before a wrongfully imprisoned | 17 | | person, as defined in Section 3-1-2 of this Code, is discharged | 18 | | from the Department, provide him or her with any documents | 19 | | necessary after discharge. | 20 | | (a-2) The Department of Corrections may establish and | 21 | | maintain, in any institution
it administers, revolving funds to | 22 | | be known as "Travel and Allowances Revolving
Funds". These | 23 | | revolving funds shall be used for advancing travel and expense
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| 1 | | allowances to committed, paroled, and discharged prisoners. | 2 | | The moneys
paid into such revolving funds shall be from | 3 | | appropriations to the Department
for Committed, Paroled, and | 4 | | Discharged Prisoners.
| 5 | | (a-3) Prior to release of a person on parole, mandatory | 6 | | supervised release, final discharge, or pardon, the Department | 7 | | shall screen every person for Medicaid eligibility. Officials | 8 | | of the correctional institution or facility where the committed | 9 | | person is assigned shall assist an eligible person to complete | 10 | | a Medicaid application to ensure that the person begins | 11 | | receiving benefits as soon as possible after his or her | 12 | | release. The application must include the eligible person's | 13 | | address associated with his or her residence upon release from | 14 | | the facility. If the residence is temporary, the eligible | 15 | | person must notify the Department of Human Services of his or | 16 | | her change in address upon transition to permanent housing. | 17 | | (b) (Blank).
| 18 | | (c) Except as otherwise provided in this Code, the | 19 | | Department shall
establish procedures to provide written | 20 | | notification of any release of any
person who has been | 21 | | convicted of a felony to the State's Attorney
and sheriff of | 22 | | the county from which the offender was committed, and the
| 23 | | State's Attorney and sheriff of the county into which the | 24 | | offender is to be
paroled or released. Except as otherwise | 25 | | provided in this Code, the
Department shall establish | 26 | | procedures to provide written notification to
the proper law |
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| 1 | | enforcement agency for any municipality of any release of any
| 2 | | person who has been convicted of a felony if the arrest of the | 3 | | offender or the
commission of the offense took place in the | 4 | | municipality, if the offender is to
be paroled or released into | 5 | | the municipality, or if the offender resided in the
| 6 | | municipality at the time of the commission of the offense. If a | 7 | | person
convicted of a felony who is in the custody of the | 8 | | Department of Corrections or
on parole or mandatory supervised | 9 | | release informs the Department that he or she
has resided, | 10 | | resides, or will
reside at an address that is a housing | 11 | | facility owned, managed,
operated, or leased by a public | 12 | | housing agency, the Department must send
written notification | 13 | | of that information to the public housing agency that
owns, | 14 | | manages, operates, or leases the housing facility. The written
| 15 | | notification shall, when possible, be given at least 14 days | 16 | | before release of
the person from custody, or as soon | 17 | | thereafter as possible. The written notification shall be | 18 | | provided electronically if the State's Attorney, sheriff, | 19 | | proper law enforcement agency, or public housing agency has | 20 | | provided the Department with an accurate and up to date email | 21 | | address.
| 22 | | (c-1) (Blank). | 23 | | (c-2) The Department shall establish procedures to provide | 24 | | notice to the Department of State Police of the release or | 25 | | discharge of persons convicted of violations of the | 26 | | Methamphetamine Control and Community
Protection Act or a |
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| 1 | | violation of the Methamphetamine Precursor Control Act. The | 2 | | Department of State Police shall make this information | 3 | | available to local, State, or federal law enforcement agencies | 4 | | upon request. | 5 | | (c-5) If a person on parole or mandatory supervised release | 6 | | becomes a resident of a facility licensed or regulated by the | 7 | | Department of Public Health, the Illinois Department of Public | 8 | | Aid, or the Illinois Department of Human Services, the | 9 | | Department of Corrections shall provide copies of the following | 10 | | information to the appropriate licensing or regulating | 11 | | Department and the licensed or regulated facility where the | 12 | | person 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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| 1 | | person becoming a resident of the facility.
| 2 | | (c-10) If a person on parole or mandatory supervised | 3 | | release becomes a resident of a facility licensed or regulated | 4 | | by the Department of Public Health, the Illinois Department of | 5 | | Public Aid, or the Illinois Department of Human Services, the | 6 | | Department of Corrections shall provide written notification | 7 | | of 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 | 12 | | person becoming a resident of the facility.
| 13 | | (d) Upon the release of a committed person on parole, | 14 | | mandatory
supervised release, final discharge or pardon, the | 15 | | Department shall provide
such person with information | 16 | | concerning programs and services of the
Illinois Department of | 17 | | Public Health to ascertain whether such person has
been exposed | 18 | | to the human immunodeficiency virus (HIV) or any identified
| 19 | | causative agent of Acquired Immunodeficiency Syndrome (AIDS).
| 20 | | (e) Upon the release of a committed person on parole, | 21 | | mandatory supervised
release, final discharge, pardon, or who | 22 | | has been wrongfully imprisoned, the Department shall verify the | 23 | | released person's full name, date of birth, and social security | 24 | | number. If verification is made by the Department by obtaining | 25 | | a certified copy of the released person's birth certificate and | 26 | | the released person's social security card or other documents |
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| 1 | | authorized by the Secretary, the Department shall provide the | 2 | | birth certificate and social security card or other documents | 3 | | authorized by the Secretary to the released person. If | 4 | | verification by the Department is done by means other than | 5 | | obtaining a certified copy of the released person's birth | 6 | | certificate and the released person's social security card or | 7 | | other documents authorized by the Secretary, the Department | 8 | | shall complete a verification form, prescribed by the Secretary | 9 | | of State, and shall provide that verification form to the | 10 | | released person.
| 11 | | (f) Forty-five days prior to the scheduled discharge of a | 12 | | person committed to the custody of the Department of | 13 | | Corrections, the Department shall give the person who is | 14 | | otherwise uninsured an opportunity to apply for health care | 15 | | coverage including medical assistance under Article V of the | 16 | | Illinois Public Aid Code in accordance with subsection (b) of | 17 | | Section 1-8.5 of the Illinois Public Aid Code, and the | 18 | | Department of Corrections shall provide assistance with | 19 | | completion of the application for health care coverage | 20 | | including medical assistance. The Department may adopt rules to | 21 | | implement this Section. | 22 | | (Source: P.A. 98-267, eff. 1-1-14; 99-415, eff. 8-20-15; | 23 | | 99-907, eff. 7-1-17 .)
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