Illinois General Assembly - Full Text of HB3893
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Full Text of HB3893  102nd General Assembly




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1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Unified Code of Corrections is amended by
5changing 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,
9final discharge or pardon the Department shall return all
10property held for him, provide him with suitable clothing and
11procure necessary transportation for him to his designated
12place of residence and employment. It may provide such person
13with a grant of money for travel and expenses which may be paid
14in installments. The amount of the money grant shall be
15determined by the Department.
16    (a-1) The Department shall, before a wrongfully imprisoned
17person, as defined in Section 3-1-2 of this Code, is
18discharged from the Department, provide him or her with any
19documents necessary after discharge.
20    (a-2) The Department of Corrections may establish and
21maintain, in any institution it administers, revolving funds
22to be known as "Travel and Allowances Revolving Funds". These
23revolving funds shall be used for advancing travel and expense



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1allowances to committed, paroled, and discharged prisoners.
2The moneys paid into such revolving funds shall be from
3appropriations to the Department for Committed, Paroled, and
4Discharged Prisoners.
5    (a-3) Upon release of a person who is eligible to vote on
6parole, mandatory release, final discharge, or pardon, the
7Department shall provide the person with a form that informs
8him or her that his or her voting rights have been restored and
9a voter registration application. The Department shall have
10available voter registration applications in the languages
11provided by the Illinois State Board of Elections. The form
12that informs the person that his or her rights have been
13restored shall include the following information:
14        (1) All voting rights are restored upon release from
15    the Department's custody.
16        (2) A person who is eligible to vote must register in
17    order to be able to vote.
18    The Department of Corrections shall confirm that the
19person received the voter registration application and has
20been informed that his or her voting rights have been
22    (a-4) (a-3) Prior to release of a person on parole,
23mandatory supervised release, final discharge, or pardon, the
24Department shall screen every person for Medicaid eligibility.
25Officials of the correctional institution or facility where
26the committed person is assigned shall assist an eligible



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1person to complete a Medicaid application to ensure that the
2person begins receiving benefits as soon as possible after his
3or her release. The application must include the eligible
4person's address associated with his or her residence upon
5release from the facility. If the residence is temporary, the
6eligible person must notify the Department of Human Services
7of his or her change in address upon transition to permanent
9    (b) (Blank).
10    (c) Except as otherwise provided in this Code, the
11Department shall establish procedures to provide written
12notification of any release of any person who has been
13convicted of a felony to the State's Attorney and sheriff of
14the county from which the offender was committed, and the
15State's Attorney and sheriff of the county into which the
16offender is to be paroled or released. Except as otherwise
17provided in this Code, the Department shall establish
18procedures to provide written notification to the proper law
19enforcement agency for any municipality of any release of any
20person who has been convicted of a felony if the arrest of the
21offender or the commission of the offense took place in the
22municipality, if the offender is to be paroled or released
23into the municipality, or if the offender resided in the
24municipality at the time of the commission of the offense. If a
25person convicted of a felony who is in the custody of the
26Department of Corrections or on parole or mandatory supervised



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1release informs the Department that he or she has resided,
2resides, or will reside at an address that is a housing
3facility owned, managed, operated, or leased by a public
4housing agency, the Department must send written notification
5of that information to the public housing agency that owns,
6manages, operates, or leases the housing facility. The written
7notification shall, when possible, be given at least 14 days
8before release of the person from custody, or as soon
9thereafter as possible. The written notification shall be
10provided electronically if the State's Attorney, sheriff,
11proper law enforcement agency, or public housing agency has
12provided the Department with an accurate and up to date email
14    (c-1) (Blank).
15    (c-2) The Department shall establish procedures to provide
16notice to the Department of State Police of the release or
17discharge of persons convicted of violations of the
18Methamphetamine Control and Community Protection Act or a
19violation of the Methamphetamine Precursor Control Act. The
20Department of State Police shall make this information
21available to local, State, or federal law enforcement agencies
22upon request.
23    (c-5) If a person on parole or mandatory supervised
24release becomes a resident of a facility licensed or regulated
25by the Department of Public Health, the Illinois Department of
26Public Aid, or the Illinois Department of Human Services, the



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



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



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1card or other documents authorized by the Secretary, the
2Department shall complete a verification form, prescribed by
3the Secretary of State, and shall provide that verification
4form to the released person.
5    (f) Forty-five days prior to the scheduled discharge of a
6person committed to the custody of the Department of
7Corrections, the Department shall give the person who is
8otherwise uninsured an opportunity to apply for health care
9coverage including medical assistance under Article V of the
10Illinois Public Aid Code in accordance with subsection (b) of
11Section 1-8.5 of the Illinois Public Aid Code, and the
12Department of Corrections shall provide assistance with
13completion of the application for health care coverage
14including medical assistance. The Department may adopt rules
15to implement this Section.
16    (g) The Department of Corrections shall enter into
17contracts with the Department of Human Services, the
18Department of Healthcare and Family Services, and any other
19appropriate State agencies as the Department of Corrections
20may direct so that those Departments may assist persons
21released from institutions and facilities of the Department of
22Corrections in obtaining the services provided by those
23Departments. At least 45 days before the scheduled discharge
24of a person committed to the custody of the Department of
25Corrections, the Department shall inform the person that those
26Departments shall provide that assistance. The assistance



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1provided includes how the person may obtain:
2        (1) housing, whether public or private;
3        (2) public assistance and Medicaid;
4        (3) employment and how to prepare for an employment
5    interview; and
6        (4) other transitional assistance to prevent
7    recidivism.
8    If the county or municipality of the released person's
9residence has established a program for reentry of persons
10into the community who have been committed to the Department,
11the Department of Corrections shall inform the person about
12that program. The assistance provided under this subsection
13(g) shall be available to the person during the term of his or
14her parole or mandatory supervised release.
15(Source: P.A. 101-351, eff. 1-1-20; 101-442, eff. 1-1-20;
16revised 9-9-19.)