Sen. Omar Aquino

Filed: 3/5/2019





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2    AMENDMENT NO. ______. Amend Senate Bill 2090 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Election Code is amended by adding Sections
519-2.3 and by changing Section 19A-20 as follows:
6    (10 ILCS 5/19-2.3 new)
7    Sec. 19-2.3. Vote by mail; jails. Each election authority
8in a county with a population under 3,000,000 shall collaborate
9with the primary county jail where eligible voters are confined
10or detained who are within the jurisdiction of the election
11authority to facilitate an opportunity for voting by mail for
12voters eligible to vote in the election jurisdiction who are
13confined or detained in the county jail.
14    (10 ILCS 5/19A-20)
15    Sec. 19A-20. Temporary branch polling places.



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1    (a) In addition to permanent polling places for early
2voting, the election authority may establish temporary branch
3polling places for early voting.
4    (b) The provisions of subsection (b) of Section 19A-15 do
5not apply to a temporary polling place. Voting at a temporary
6branch polling place may be conducted on any one or more days
7and during any hours within the period for early voting by
8personal appearance that are determined by the election
10    (c) The schedules for conducting voting do not need to be
11uniform among the temporary branch polling places.
12    (d) The legal rights and remedies which inure to the owner
13or lessor of private property are not impaired or otherwise
14affected by the leasing of the property for use as a temporary
15branch polling place for early voting, except to the extent
16necessary to conduct early voting at that location.
17    (e) In a county with a population of 3,000,000 or more, the
18election authority in the county shall establish a temporary
19branch polling place under this Section in the county jail.
20Only a resident of a county who is in custody at the county
21jail and who has not been convicted of the offense for which
22the resident is in custody is eligible to vote at a temporary
23branch polling place established under this subsection. The
24temporary branch polling place established under this
25subsection shall allow a voter to vote in the same elections
26that the voter would be entitled to vote in where the voter



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1resides. To the maximum extent feasible, voting booths or
2screens shall be provided to ensure the privacy of the voter.
3    All provisions of this Code applicable to pollwatchers
4shall apply to a temporary branch polling place under this
5subsection (e), subject to approval from the election authority
6and the county jail, except that nonpartisan pollwatchers shall
7be limited to one per division within the jail instead of one
8per precinct. A county that establishes a temporary branch
9polling place inside a county jail in accordance with this
10subsection (e) shall adhere to all requirements of this
11subsection (e). All requirements of the federal Voting Rights
12Act of 1965 and Sections 203 and 208 of the federal Americans
13with Disabilities Act shall apply to this subsection (e).
14(Source: P.A. 94-645, eff. 8-22-05.)
15    Section 10. The Counties Code is amended by adding Sections
163-15003.3 and 3-15003.4 as follows:
17    (55 ILCS 5/3-15003.3 new)
18    Sec. 3-15003.3. Voter registration; county jails. Upon
19discharge of a person who is eligible to vote from a county
20jail, the county jail shall provide the person with a voter
21registration application. Each election authority shall
22collaborate with the county jail within the jurisdiction of the
23election authority to facilitate voter registration for voters
24eligible to vote in that county who are confined or detained in



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1the county jail. A county jail shall provide a voter
2registration application to any person in custody at the jail
3who requests an application and is eligible to vote.
4    (55 ILCS 5/3-15003.4 new)
5    Sec. 3-15003.4. Voting rights; county jails; probation
7    (a) Each county jail and county probation office shall make
8available current resource materials, maintained by the
9Illinois State Board of Elections, containing detailed
10information regarding the voting rights of a person with a
11criminal conviction in print.
12    (b) The current resource materials described under
13subsection (a) shall be provided:
14        (1) upon discharge of a person from a county jail; and
15        (2) upon intake of a person by a county probation
16    department.
17    Section 15. The Unified Code of Corrections is amended by
18adding Sections 3-2-2.3 and by changing Section 3-14-1 as
20    (730 ILCS 5/3-2-2.3 new)
21    Sec. 3-2-2.3. Voting rights information.
22    (a) The Department shall make available to a person in its
23custody current resource materials, maintained by the Illinois



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1State Board of Elections, containing detailed information
2regarding the voting rights of a person with a criminal
3conviction in the following formats:
4        (1) in print;
5        (2) on the Department's website; and
6        (3) in a visible location on the premises of each
7    Department facility where notices are customarily posted.
8    (b) The current resource materials described under
9subsection (a) shall be provided upon release of a person on
10parole, mandatory supervised release, final discharge, or
11pardon from the Department.
12    (730 ILCS 5/3-14-1)  (from Ch. 38, par. 1003-14-1)
13    Sec. 3-14-1. Release from the institution.
14    (a) Upon release of a person on parole, mandatory release,
15final discharge or pardon the Department shall return all
16property held for him, provide him with suitable clothing and
17procure necessary transportation for him to his designated
18place of residence and employment. It may provide such person
19with a grant of money for travel and expenses which may be paid
20in installments. The amount of the money grant shall be
21determined by the Department.
22    (a-1) The Department shall, before a wrongfully imprisoned
23person, as defined in Section 3-1-2 of this Code, is discharged
24from the Department, provide him or her with any documents
25necessary after discharge.



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1    (a-2) The Department of Corrections 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, paroled, and discharged prisoners.
6The moneys paid into such revolving funds shall be from
7appropriations to the Department for Committed, Paroled, and
8Discharged Prisoners.
9    (a-3) Upon release of a person who is eligible to vote on
10parole, mandatory release, final discharge, or pardon, the
11Department shall provide the person with a form that informs
12him or her that his or her voting rights have been restored and
13a voter registration application. The Department shall have
14available voter registration applications in the languages
15provided by the Illinois State Board of Elections. The form
16that informs the person that his or her rights have been
17restored shall include the following information:
18        (1) All voting rights are restored upon release from
19    the Department's custody.
20        (2) A person who is eligible to vote must register in
21    order to be able to vote.
22    The Department of Corrections shall confirm that the person
23received the voter registration application and has been
24informed that his or her voting rights have been restored.
25    (b) (Blank).
26    (c) Except as otherwise provided in this Code, the



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



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



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



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1causative agent of Acquired Immunodeficiency Syndrome (AIDS).
2    (e) Upon the release of a committed person on parole,
3mandatory supervised release, final discharge, pardon, or who
4has been wrongfully imprisoned, the Department shall verify the
5released person's full name, date of birth, and social security
6number. If verification is made by the Department by obtaining
7a certified copy of the released person's birth certificate and
8the released person's social security card or other documents
9authorized by the Secretary, the Department shall provide the
10birth certificate and social security card or other documents
11authorized by the Secretary to the released person. If
12verification by the Department is done by means other than
13obtaining a certified copy of the released person's birth
14certificate and the released person's social security card or
15other documents authorized by the Secretary, the Department
16shall complete a verification form, prescribed by the Secretary
17of State, and shall provide that verification form to the
18released person.
19    (f) Forty-five days prior to the scheduled discharge of a
20person committed to the custody of the Department of
21Corrections, the Department shall give the person who is
22otherwise uninsured an opportunity to apply for health care
23coverage including medical assistance under Article V of the
24Illinois Public Aid Code in accordance with subsection (b) of
25Section 1-8.5 of the Illinois Public Aid Code, and the
26Department of Corrections shall provide assistance with



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1completion of the application for health care coverage
2including medical assistance. The Department may adopt rules to
3implement this Section.
4(Source: P.A. 98-267, eff. 1-1-14; 99-415, eff. 8-20-15;
599-907, eff. 7-1-17.)".