Illinois General Assembly - Full Text of HB4852
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Full Text of HB4852  103rd General Assembly

HB4852ham001 103RD GENERAL ASSEMBLY

Rep. Tony M. McCombie

Filed: 4/2/2024

 

 


 

 


 
10300HB4852ham001LRB103 35873 RLC 71647 a

1
AMENDMENT TO HOUSE BILL 4852

2    AMENDMENT NO. ______. Amend House Bill 4852 on page 1, by
3inserting immediately below line 3 the following:
 
4    "Section 3. The Unified Code of Corrections is amended by
5changing Sections 3-3-2, 3-3-9, and 3-14-1 and by adding
6Section 3-3-1.1 as follows:
 
7    (730 ILCS 5/3-3-1.1 new)
8    Sec. 3-3-1.1. Mission of the Prisoner Review Board. The
9mission of the Prisoner Review Board is to protect the rights
10of victims of crime, their families, and the citizens of
11Illinois by ensuring that the rule of law is upheld and justice
12is carried out. The Board has the responsibility to consider
13the statements of the victims, their family members, and
14public safety officials when an inmate's situation is being
15reviewed by the Board. The Board has the ability to impose
16release conditions for incarcerated individuals who are

 

 

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1exiting penal facilities, revoke and restore good conduct
2credits from inmates, and conduct hearings to determine
3whether parolees have violated conditions of parole. The
4Board, in its determinations, shall award significant weight
5to the statements and positions of victims and their family
6members in recommending parole. The Board also has the power
7to make recommendations to the Governor relative to clemency
8petitions for those convicted of violating Illinois laws.
 
9    (730 ILCS 5/3-3-2)  (from Ch. 38, par. 1003-3-2)
10    Sec. 3-3-2. Powers and duties.
11    (a) The Parole and Pardon Board is abolished and the term
12"Parole and Pardon Board" as used in any law of Illinois, shall
13read "Prisoner Review Board." After February 1, 1978 (the
14effective date of Public Act 81-1099), the Prisoner Review
15Board shall provide by rule for the orderly transition of all
16files, records, and documents of the Parole and Pardon Board
17and for such other steps as may be necessary to effect an
18orderly transition and shall:
19        (1) hear by at least one member and through a panel of
20    at least 3 members decide, cases of prisoners who were
21    sentenced under the law in effect prior to February 1,
22    1978 (the effective date of Public Act 81-1099), and who
23    are eligible for parole;
24        (2) hear by at least one member and through a panel of
25    at least 3 members decide, the conditions of parole and

 

 

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1    the time of discharge from parole, impose sanctions for
2    violations of parole, and revoke parole for those
3    sentenced under the law in effect prior to February 1,
4    1978 (the effective date of Public Act 81-1099); provided
5    that the decision to parole and the conditions of parole
6    for all prisoners who were sentenced for first degree
7    murder or who received a minimum sentence of 20 years or
8    more under the law in effect prior to February 1, 1978
9    shall be determined by a majority vote of the Prisoner
10    Review Board. One representative supporting parole and one
11    representative opposing parole will be allowed to speak.
12    Their comments shall be limited to making corrections and
13    filling in omissions to the Board's presentation and
14    discussion;
15        (3) hear by at least 3 members one member and through a
16    panel of at least 6 3 members decide, the conditions of
17    mandatory supervised release and the time of discharge
18    from mandatory supervised release, impose sanctions for
19    violations of mandatory supervised release, and revoke
20    mandatory supervised release for those sentenced under the
21    law in effect after February 1, 1978 (the effective date
22    of Public Act 81-1099);
23        (3.5) hear by at least 3 members one member and
24    through a panel of at least 6 3 members decide, the
25    conditions of mandatory supervised release and the time of
26    discharge from mandatory supervised release, to impose

 

 

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1    sanctions for violations of mandatory supervised release
2    and revoke mandatory supervised release for those serving
3    extended supervised release terms pursuant to paragraph
4    (4) of subsection (d) of Section 5-8-1;
5        (3.6) hear by at least one member and through a panel
6    of at least 3 members decide whether to revoke aftercare
7    release for those committed to the Department of Juvenile
8    Justice under the Juvenile Court Act of 1987;
9        (4) hear by at least one member and through a panel of
10    at least 3 members, decide cases brought by the Department
11    of Corrections against a prisoner in the custody of the
12    Department for alleged violation of Department rules with
13    respect to sentence credits under Section 3-6-3 of this
14    Code in which the Department seeks to revoke sentence
15    credits, if the amount of time at issue exceeds 30 days or
16    when, during any 12-month period, the cumulative amount of
17    credit revoked exceeds 30 days except where the infraction
18    is committed or discovered within 60 days of scheduled
19    release. In such cases, the Department of Corrections may
20    revoke up to 30 days of sentence credit. The Board may
21    subsequently approve the revocation of additional sentence
22    credit, if the Department seeks to revoke sentence credit
23    in excess of 30 days. However, the Board shall not be
24    empowered to review the Department's decision with respect
25    to the loss of 30 days of sentence credit for any prisoner
26    or to increase any penalty beyond the length requested by

 

 

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1    the Department;
2        (5) hear by at least one member and through a panel of
3    at least 3 members decide, the release dates for certain
4    prisoners sentenced under the law in existence prior to
5    February 1, 1978 (the effective date of Public Act
6    81-1099), in accordance with Section 3-3-2.1 of this Code;
7        (6) hear by at least one member and through a panel of
8    at least 3 members decide, all requests for pardon,
9    reprieve or commutation, and make confidential
10    recommendations to the Governor;
11        (6.5) hear by at least one member who is qualified in
12    the field of juvenile matters and through a panel of at
13    least 3 members, 2 of whom are qualified in the field of
14    juvenile matters, decide parole review cases in accordance
15    with Section 5-4.5-115 of this Code and make release
16    determinations of persons under the age of 21 at the time
17    of the commission of an offense or offenses, other than
18    those persons serving sentences for first degree murder or
19    aggravated criminal sexual assault;
20        (6.6) hear by at least a quorum of the Prisoner Review
21    Board and decide by a majority of members present at the
22    hearing, in accordance with Section 5-4.5-115 of this
23    Code, release determinations of persons under the age of
24    21 at the time of the commission of an offense or offenses
25    of those persons serving sentences for first degree murder
26    or aggravated criminal sexual assault;

 

 

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1        (7) comply with the requirements of the Open Parole
2    Hearings Act;
3        (8) hear by at least one member and, through a panel of
4    at least 3 members, decide cases brought by the Department
5    of Corrections against a prisoner in the custody of the
6    Department for court dismissal of a frivolous lawsuit
7    pursuant to Section 3-6-3(d) of this Code in which the
8    Department seeks to revoke up to 180 days of sentence
9    credit, and if the prisoner has not accumulated 180 days
10    of sentence credit at the time of the dismissal, then all
11    sentence credit accumulated by the prisoner shall be
12    revoked;
13        (9) hear by at least 3 members, and, through a panel of
14    at least 3 members, decide whether to grant certificates
15    of relief from disabilities or certificates of good
16    conduct as provided in Article 5.5 of Chapter V;
17        (10) upon a petition by a person who has been
18    convicted of a Class 3 or Class 4 felony and who meets the
19    requirements of this paragraph, hear by at least 3 members
20    and, with the unanimous vote of a panel of 3 members, issue
21    a certificate of eligibility for sealing recommending that
22    the court order the sealing of all official records of the
23    arresting authority, the circuit court clerk, and the
24    Illinois State Police concerning the arrest and conviction
25    for the Class 3 or 4 felony. A person may not apply to the
26    Board for a certificate of eligibility for sealing:

 

 

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1            (A) until 5 years have elapsed since the
2        expiration of his or her sentence;
3            (B) until 5 years have elapsed since any arrests
4        or detentions by a law enforcement officer for an
5        alleged violation of law, other than a petty offense,
6        traffic offense, conservation offense, or local
7        ordinance offense;
8            (C) if convicted of a violation of the Cannabis
9        Control Act, Illinois Controlled Substances Act, the
10        Methamphetamine Control and Community Protection Act,
11        the Methamphetamine Precursor Control Act, or the
12        Methamphetamine Precursor Tracking Act unless the
13        petitioner has completed a drug abuse program for the
14        offense on which sealing is sought and provides proof
15        that he or she has completed the program successfully;
16            (D) if convicted of:
17                (i) a sex offense described in Article 11 or
18            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
19            the Criminal Code of 1961 or the Criminal Code of
20            2012;
21                (ii) aggravated assault;
22                (iii) aggravated battery;
23                (iv) domestic battery;
24                (v) aggravated domestic battery;
25                (vi) violation of an order of protection;
26                (vii) an offense under the Criminal Code of

 

 

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1            1961 or the Criminal Code of 2012 involving a
2            firearm;
3                (viii) driving while under the influence of
4            alcohol, other drug or drugs, intoxicating
5            compound or compounds, or any combination thereof;
6                (ix) aggravated driving while under the
7            influence of alcohol, other drug or drugs,
8            intoxicating compound or compounds, or any
9            combination thereof; or
10                (x) any crime defined as a crime of violence
11            under Section 2 of the Crime Victims Compensation
12            Act.
13        If a person has applied to the Board for a certificate
14    of eligibility for sealing and the Board denies the
15    certificate, the person must wait at least 4 years before
16    filing again or filing for pardon from the Governor unless
17    the Chairman of the Prisoner Review Board grants a waiver.
18        The decision to issue or refrain from issuing a
19    certificate of eligibility for sealing shall be at the
20    Board's sole discretion, and shall not give rise to any
21    cause of action against either the Board or its members.
22        The Board may only authorize the sealing of Class 3
23    and 4 felony convictions of the petitioner from one
24    information or indictment under this paragraph (10). A
25    petitioner may only receive one certificate of eligibility
26    for sealing under this provision for life; and

 

 

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1        (11) upon a petition by a person who after having been
2    convicted of a Class 3 or Class 4 felony thereafter served
3    in the United States Armed Forces or National Guard of
4    this or any other state and had received an honorable
5    discharge from the United States Armed Forces or National
6    Guard or who at the time of filing the petition is enlisted
7    in the United States Armed Forces or National Guard of
8    this or any other state and served one tour of duty and who
9    meets the requirements of this paragraph, hear by at least
10    3 members and, with the unanimous vote of a panel of 3
11    members, issue a certificate of eligibility for
12    expungement recommending that the court order the
13    expungement of all official records of the arresting
14    authority, the circuit court clerk, and the Illinois State
15    Police concerning the arrest and conviction for the Class
16    3 or 4 felony. A person may not apply to the Board for a
17    certificate of eligibility for expungement:
18            (A) if convicted of:
19                (i) a sex offense described in Article 11 or
20            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
21            the Criminal Code of 1961 or Criminal Code of
22            2012;
23                (ii) an offense under the Criminal Code of
24            1961 or Criminal Code of 2012 involving a firearm;
25            or
26                (iii) a crime of violence as defined in

 

 

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1            Section 2 of the Crime Victims Compensation Act;
2            or
3            (B) if the person has not served in the United
4        States Armed Forces or National Guard of this or any
5        other state or has not received an honorable discharge
6        from the United States Armed Forces or National Guard
7        of this or any other state or who at the time of the
8        filing of the petition is serving in the United States
9        Armed Forces or National Guard of this or any other
10        state and has not completed one tour of duty.
11        If a person has applied to the Board for a certificate
12    of eligibility for expungement and the Board denies the
13    certificate, the person must wait at least 4 years before
14    filing again or filing for a pardon with authorization for
15    expungement from the Governor unless the Governor or
16    Chairman of the Prisoner Review Board grants a waiver;
17    and .
18        (12) notify the victim in the underlying case of the
19    offender's release on mandatory supervised release at
20    least 30 days prior to release and allow the victim to
21    provide a victim's statement to the Board. The victim's
22    statement shall be considered when determining the
23    conditions of the offender's mandatory supervised release.
24    (a-5) The Prisoner Review Board, with the cooperation of
25and in coordination with the Department of Corrections and the
26Department of Central Management Services, shall implement a

 

 

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1pilot project in 3 correctional institutions providing for the
2conduct of hearings under paragraphs (1) and (4) of subsection
3(a) of this Section through interactive video conferences. The
4project shall be implemented within 6 months after January 1,
51997 (the effective date of Public Act 89-490). Within 6
6months after the implementation of the pilot project, the
7Prisoner Review Board, with the cooperation of and in
8coordination with the Department of Corrections and the
9Department of Central Management Services, shall report to the
10Governor and the General Assembly regarding the use, costs,
11effectiveness, and future viability of interactive video
12conferences for Prisoner Review Board hearings.
13    (b) Upon recommendation of the Department the Board may
14restore sentence credit previously revoked.
15    (c) The Board shall cooperate with the Department in
16promoting an effective system of parole and mandatory
17supervised release.
18    (d) The Board shall promulgate rules for the conduct of
19its work, and the Chairman shall file a copy of such rules and
20any amendments thereto with the Director and with the
21Secretary of State.
22    (e) The Board shall keep records of all of its official
23actions and shall make them accessible in accordance with law
24and the rules of the Board.
25    (f) The Board or one who has allegedly violated the
26conditions of his or her parole, aftercare release, or

 

 

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1mandatory supervised release may require by subpoena the
2attendance and testimony of witnesses and the production of
3documentary evidence relating to any matter under
4investigation or hearing. The Chairman of the Board may sign
5subpoenas which shall be served by any agent or public
6official authorized by the Chairman of the Board, or by any
7person lawfully authorized to serve a subpoena under the laws
8of the State of Illinois. The attendance of witnesses, and the
9production of documentary evidence, may be required from any
10place in the State to a hearing location in the State before
11the Chairman of the Board or his or her designated agent or
12agents or any duly constituted Committee or Subcommittee of
13the Board. Witnesses so summoned shall be paid the same fees
14and mileage that are paid witnesses in the circuit courts of
15the State, and witnesses whose depositions are taken and the
16persons taking those depositions are each entitled to the same
17fees as are paid for like services in actions in the circuit
18courts of the State. Fees and mileage shall be vouchered for
19payment when the witness is discharged from further
20attendance.
21    In case of disobedience to a subpoena, the Board may
22petition any circuit court of the State for an order requiring
23the attendance and testimony of witnesses or the production of
24documentary evidence or both. A copy of such petition shall be
25served by personal service or by registered or certified mail
26upon the person who has failed to obey the subpoena, and such

 

 

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1person shall be advised in writing that a hearing upon the
2petition will be requested in a court room to be designated in
3such notice before the judge hearing motions or extraordinary
4remedies at a specified time, on a specified date, not less
5than 10 nor more than 15 days after the deposit of the copy of
6the written notice and petition in the U.S. mail addressed to
7the person at his or her last known address or after the
8personal service of the copy of the notice and petition upon
9such person. The court upon the filing of such a petition, may
10order the person refusing to obey the subpoena to appear at an
11investigation or hearing, or to there produce documentary
12evidence, if so ordered, or to give evidence relative to the
13subject matter of that investigation or hearing. Any failure
14to obey such order of the circuit court may be punished by that
15court as a contempt of court.
16    Each member of the Board and any hearing officer
17designated by the Board shall have the power to administer
18oaths and to take the testimony of persons under oath.
19    (g) Except under subsection (a) of this Section, a
20majority of the members then appointed to the Prisoner Review
21Board shall constitute a quorum for the transaction of all
22business of the Board.
23    (h) The Prisoner Review Board shall annually transmit to
24the Director a detailed report of its work for the preceding
25calendar year. The annual report shall also be transmitted to
26the Governor for submission to the Legislature.

 

 

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1(Source: P.A. 101-288, eff. 1-1-20; 102-538, eff. 8-20-21;
2102-558, eff. 8-20-21.)
 
3    (730 ILCS 5/3-3-9)  (from Ch. 38, par. 1003-3-9)
4    Sec. 3-3-9. Violations; changes of conditions; preliminary
5hearing; revocation of parole or mandatory supervised release;
6revocation hearing.
7    (a) If prior to expiration or termination of the term of
8parole or mandatory supervised release, a person violates a
9condition set by the Prisoner Review Board or a condition of
10parole or mandatory supervised release under Section 3-3-7 of
11this Code to govern that term, the Board may:
12        (1) continue the existing term, with or without
13    modifying or enlarging the conditions; or
14        (1.5) for those released as a result of youthful
15    offender parole as set forth in Section 5-4.5-115 of this
16    Code, order that the inmate be subsequently rereleased to
17    serve a specified mandatory supervised release term not to
18    exceed the full term permitted under the provisions of
19    Section 5-4.5-115 and subsection (d) of Section 5-8-1 of
20    this Code and may modify or enlarge the conditions of the
21    release as the Board deems proper; or
22        (2) parole or release the person to a half-way house;
23    or
24        (3) revoke the parole or mandatory supervised release
25    and reconfine the person for a term computed in the

 

 

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1    following manner:
2            (i) (A) For those sentenced under the law in
3        effect prior to this amendatory Act of 1977, the
4        recommitment shall be for any portion of the imposed
5        maximum term of imprisonment or confinement which had
6        not been served at the time of parole and the parole
7        term, less the time elapsed between the parole of the
8        person and the commission of the violation for which
9        parole was revoked;
10            (B) Except as set forth in paragraphs (C) and (D),
11        for those subject to mandatory supervised release
12        under paragraph (d) of Section 5-8-1 of this Code, the
13        recommitment shall be for the total mandatory
14        supervised release term, less the time elapsed between
15        the release of the person and the commission of the
16        violation for which mandatory supervised release is
17        revoked. The Board may also order that a prisoner
18        serve up to one year of the sentence imposed by the
19        court which was not served due to the accumulation of
20        sentence credit;
21            (C) For those subject to sex offender supervision
22        under clause (d)(4) of Section 5-8-1 of this Code, the
23        reconfinement period for violations of clauses (a)(3)
24        through (b-1)(15) of Section 3-3-7 shall not exceed 2
25        years from the date of reconfinement;
26            (D) For those released as a result of youthful

 

 

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1        offender parole as set forth in Section 5-4.5-115 of
2        this Code, the reconfinement period shall be for the
3        total mandatory supervised release term, less the time
4        elapsed between the release of the person and the
5        commission of the violation for which mandatory
6        supervised release is revoked. The Board may also
7        order that a prisoner serve up to one year of the
8        mandatory supervised release term previously earned.
9        The Board may also order that the inmate be
10        subsequently rereleased to serve a specified mandatory
11        supervised release term not to exceed the full term
12        permitted under the provisions of Section 5-4.5-115
13        and subsection (d) of Section 5-8-1 of this Code and
14        may modify or enlarge the conditions of the release as
15        the Board deems proper;
16             (ii) the person shall be given credit against the
17        term of reimprisonment or reconfinement for time spent
18        in custody since he or she was paroled or released
19        which has not been credited against another sentence
20        or period of confinement;
21             (iii) (blank);
22             (iv) this Section is subject to the release under
23        supervision and the reparole and rerelease provisions
24        of Section 3-3-10.
25    (b) The Board may revoke parole or mandatory supervised
26release for violation of a condition for the duration of the

 

 

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1term and for any further period which is reasonably necessary
2for the adjudication of matters arising before its expiration.
3The issuance of a warrant of arrest for an alleged violation of
4the conditions of parole or mandatory supervised release shall
5toll the running of the term until the final determination of
6the charge. When parole or mandatory supervised release is not
7revoked that period shall be credited to the term, unless a
8community-based sanction is imposed as an alternative to
9revocation and reincarceration, including a diversion
10established by the Illinois Department of Corrections Parole
11Services Unit prior to the holding of a preliminary parole
12revocation hearing. Parolees who are diverted to a
13community-based sanction shall serve the entire term of parole
14or mandatory supervised release, if otherwise appropriate.
15    (b-5) The Board shall revoke parole or mandatory
16supervised release for violation of the conditions prescribed
17in paragraph (7.6) of subsection (a) of Section 3-3-7.
18    (c) A person charged with violating a condition of parole
19or mandatory supervised release shall have a preliminary
20hearing before a hearing officer designated by the Board to
21determine if there is cause to hold the person for a revocation
22hearing. However, no preliminary hearing need be held when
23revocation is based upon new criminal charges and a court
24finds probable cause on the new criminal charges or when the
25revocation is based upon a new criminal conviction and a
26certified copy of that conviction is available.

 

 

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1    (d) Parole or mandatory supervised release shall not be
2revoked without written notice to the offender setting forth
3the violation of parole or mandatory supervised release
4charged against him or her.
5    (e) A hearing on revocation shall be conducted before at
6least 3 members one member of the Prisoner Review Board. The
7Board shall may meet and order its actions in panels of 6 3 or
8more members. The action of a majority of the panel shall be
9the action of the Board. A record of the hearing shall be made.
10The victim of the underlying offense shall be notified of the
11hearing prior to the hearing and be afforded the opportunity
12to provide a statement. The victim's statement shall be
13considered by the Board. At the hearing the offender shall be
14permitted to:
15        (1) appear and answer the charge; and
16        (2) bring witnesses on his or her behalf.
17    (f) The Board shall either revoke parole or mandatory
18supervised release or order the person's term continued with
19or without modification or enlargement of the conditions. The
20victim of the underlying offense shall be notified of the
21Board's decision.
22    (g) Parole or mandatory supervised release shall not be
23revoked for failure to make payments under the conditions of
24parole or release unless the Board determines that such
25failure is due to the offender's willful refusal to pay.
26(Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.)
 

 

 

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1    (730 ILCS 5/3-14-1)  (from Ch. 38, par. 1003-14-1)
2    Sec. 3-14-1. Release from the institution.
3    (a) Upon release of a person on parole, mandatory release,
4final discharge, or pardon, the Department shall return all
5property held for him, provide him with suitable clothing and
6procure necessary transportation for him to his designated
7place of residence and employment. It may provide such person
8with a grant of money for travel and expenses which may be paid
9in installments. The amount of the money grant shall be
10determined by the Department.
11    (a-1) The Department shall, before a wrongfully imprisoned
12person, as defined in Section 3-1-2 of this Code, is
13discharged from the Department, provide him or her with any
14documents necessary after discharge.
15    (a-2) The Department of Corrections may establish and
16maintain, in any institution it administers, revolving funds
17to be known as "Travel and Allowances Revolving Funds". These
18revolving funds shall be used for advancing travel and expense
19allowances to committed, paroled, and discharged prisoners.
20The moneys paid into such revolving funds shall be from
21appropriations to the Department for Committed, Paroled, and
22Discharged Prisoners.
23    (a-3) Upon release of a person who is eligible to vote on
24parole, mandatory release, final discharge, or pardon, the
25Department shall provide the person with a form that informs

 

 

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1him or her that his or her voting rights have been restored and
2a voter registration application. The Department shall have
3available voter registration applications in the languages
4provided by the Illinois State Board of Elections. The form
5that informs the person that his or her rights have been
6restored shall include the following information:
7        (1) All voting rights are restored upon release from
8    the Department's custody.
9        (2) A person who is eligible to vote must register in
10    order to be able to vote.
11    The Department of Corrections shall confirm that the
12person received the voter registration application and has
13been informed that his or her voting rights have been
14restored.
15    (a-4) Prior to release of a person on parole, mandatory
16supervised release, final discharge, or pardon, the Department
17shall screen every person for Medicaid eligibility. Officials
18of the correctional institution or facility where the
19committed person is assigned shall assist an eligible person
20to complete a Medicaid application to ensure that the person
21begins receiving benefits as soon as possible after his or her
22release. The application must include the eligible person's
23address associated with his or her residence upon release from
24the facility. If the residence is temporary, the eligible
25person must notify the Department of Human Services of his or
26her change in address upon transition to permanent housing.

 

 

10300HB4852ham001- 21 -LRB103 35873 RLC 71647 a

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

 

 

10300HB4852ham001- 22 -LRB103 35873 RLC 71647 a

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

 

 

10300HB4852ham001- 23 -LRB103 35873 RLC 71647 a

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

 

 

10300HB4852ham001- 24 -LRB103 35873 RLC 71647 a

1concerning programs and services of the Illinois Department of
2Public Health to ascertain whether such person has been
3exposed to the human immunodeficiency virus (HIV) or any
4identified causative agent of Acquired Immunodeficiency
5Syndrome (AIDS).
6    (e) Upon the release of a committed person on parole,
7mandatory supervised release, final discharge, pardon, or who
8has been wrongfully imprisoned, the Department shall verify
9the released person's full name, date of birth, and social
10security number. If verification is made by the Department by
11obtaining a certified copy of the released person's birth
12certificate and the released person's social security card or
13other documents authorized by the Secretary, the Department
14shall provide the birth certificate and social security card
15or other documents authorized by the Secretary to the released
16person. If verification by the Department is done by means
17other than obtaining a certified copy of the released person's
18birth certificate and the released person's social security
19card or other documents authorized by the Secretary, the
20Department shall complete a verification form, prescribed by
21the Secretary of State, and shall provide that verification
22form to the released person.
23    (f) Forty-five days prior to the scheduled discharge of a
24person committed to the custody of the Department of
25Corrections, the Department shall give the person:
26        (1) who is otherwise uninsured an opportunity to apply

 

 

10300HB4852ham001- 25 -LRB103 35873 RLC 71647 a

1    for health care coverage including medical assistance
2    under Article V of the Illinois Public Aid Code in
3    accordance with subsection (b) of Section 1-8.5 of the
4    Illinois Public Aid Code, and the Department of
5    Corrections shall provide assistance with completion of
6    the application for health care coverage including medical
7    assistance;
8        (2) information about obtaining a standard Illinois
9    Identification Card or a limited-term Illinois
10    Identification Card under Section 4 of the Illinois
11    Identification Card Act if the person has not been issued
12    an Illinois Identification Card under subsection (a-20) of
13    Section 4 of the Illinois Identification Card Act;
14        (3) information about voter registration and may
15    distribute information prepared by the State Board of
16    Elections. The Department of Corrections may enter into an
17    interagency contract with the State Board of Elections to
18    participate in the automatic voter registration program
19    and be a designated automatic voter registration agency
20    under Section 1A-16.2 of the Election Code;
21        (4) information about job listings upon discharge from
22    the correctional institution or facility;
23        (5) information about available housing upon discharge
24    from the correctional institution or facility;
25        (6) a directory of elected State officials and of
26    officials elected in the county and municipality, if any,

 

 

10300HB4852ham001- 26 -LRB103 35873 RLC 71647 a

1    in which the committed person intends to reside upon
2    discharge from the correctional institution or facility;
3    and
4        (7) any other information that the Department of
5    Corrections deems necessary to provide the committed
6    person in order for the committed person to reenter the
7    community and avoid recidivism.
8    (g) Sixty days before the scheduled discharge of a person
9committed to the custody of the Department or upon receipt of
10the person's certified birth certificate and social security
11card as set forth in subsection (d) of Section 3-8-1 of this
12Act, whichever occurs later, the Department shall transmit an
13application for an Identification Card to the Secretary of
14State, in accordance with subsection (a-20) of Section 4 of
15the Illinois Identification Card Act.
16    (h) Notification of an offender's release must be made for
17those offenders who are being released after serving a
18sentence for domestic battery, aggravated domestic battery, or
19violation of an order of protection or who have previous
20convictions for domestic battery, aggravated domestic battery,
21or violation of an order of protection. For those persons
22being released after serving a sentence for domestic battery,
23aggravated domestic battery, or violation of an order of
24protection the Department of Corrections shall notify, in
25writing, the victim of the offense committed by the offender,
26the law enforcement agencies and State's Attorneys' offices of

 

 

10300HB4852ham001- 27 -LRB103 35873 RLC 71647 a

1the county of conviction and the county where the offender
2expects to reside not less than 30 days before the offender's
3release. For those being released who have previous
4convictions for domestic battery, aggravated domestic battery
5or violation of an order of protection, the Department shall
6notify in writing the victim of those previous offenses, if
7contact information is known, the law enforcement agencies and
8State's Attorneys' offices of the county of conviction and the
9county where the offender expects to reside not less than 30
10days before the offender's release.
11    The Department may adopt rules to implement this Section.
12(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
13102-606, eff. 1-1-22; 102-813, eff. 5-13-22; 103-345, eff.
141-1-24.)".