Full Text of HB3029 98th General Assembly
HB3029enr 98TH 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, including an identification card | 20 | | under subsection (e) of this Section. | 21 | | (a-2) The Department of Corrections may establish and | 22 | | maintain, in any institution
it administers, revolving funds to | 23 | | be known as "Travel and Allowances Revolving
Funds". These |
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| 1 | | revolving funds shall be used for advancing travel and expense
| 2 | | allowances to committed, paroled, and discharged prisoners. | 3 | | The moneys
paid into such revolving funds shall be from | 4 | | appropriations to the Department
for Committed, Paroled, and | 5 | | Discharged Prisoners.
| 6 | | (b) (Blank).
| 7 | | (c) Except as otherwise provided in this Code, the | 8 | | Department shall
establish procedures to provide written | 9 | | notification of any release of any
person who has been | 10 | | convicted of a felony to the State's Attorney
and sheriff of | 11 | | the county from which the offender was committed, and the
| 12 | | State's Attorney and sheriff of the county into which the | 13 | | offender is to be
paroled or released. Except as otherwise | 14 | | provided in this Code, the
Department shall establish | 15 | | procedures to provide written notification to
the proper law | 16 | | enforcement agency for any municipality of any release of any
| 17 | | person who has been convicted of a felony if the arrest of the | 18 | | offender or the
commission of the offense took place in the | 19 | | municipality, if the offender is to
be paroled or released into | 20 | | the municipality, or if the offender resided in the
| 21 | | municipality at the time of the commission of the offense. If a | 22 | | person
convicted of a felony who is in the custody of the | 23 | | Department of Corrections or
on parole or mandatory supervised | 24 | | release informs the Department that he or she
has resided, | 25 | | resides, or will
reside at an address that is a housing | 26 | | facility owned, managed,
operated, or leased by a public |
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| 1 | | housing agency, the Department must send
written notification | 2 | | of that information to the public housing agency that
owns, | 3 | | manages, operates, or leases the housing facility. The written
| 4 | | notification shall, when possible, be given at least 14 days | 5 | | before release of
the person from custody, or as soon | 6 | | thereafter as possible. The written notification shall be | 7 | | provided electronically if the State's Attorney, sheriff, | 8 | | proper law enforcement agency, or public housing agency has | 9 | | provided the Department with an accurate and up to date email | 10 | | address.
| 11 | | (c-1) (Blank). | 12 | | (c-2) The Department shall establish procedures to provide | 13 | | notice to the Department of State Police of the release or | 14 | | discharge of persons convicted of violations of the | 15 | | Methamphetamine Control and Community
Protection Act or a | 16 | | violation of the Methamphetamine Precursor Control Act. The | 17 | | Department of State Police shall make this information | 18 | | available to local, State, or federal law enforcement agencies | 19 | | upon request. | 20 | | (c-5) If a person on parole or mandatory supervised release | 21 | | becomes a resident of a facility licensed or regulated by the | 22 | | Department of Public Health, the Illinois Department of Public | 23 | | Aid, or the Illinois Department of Human Services, the | 24 | | Department of Corrections shall provide copies of the following | 25 | | information to the appropriate licensing or regulating | 26 | | Department and the licensed or regulated facility where the |
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| 1 | | person becomes a resident: | 2 | | (1) The mittimus and any pre-sentence investigation | 3 | | reports. | 4 | | (2) The social evaluation prepared pursuant to Section | 5 | | 3-8-2. | 6 | | (3) Any pre-release evaluation conducted pursuant to | 7 | | subsection (j) of Section 3-6-2. | 8 | | (4) Reports of disciplinary infractions and | 9 | | dispositions. | 10 | | (5) Any parole plan, including orders issued by the | 11 | | Prisoner Review Board, and any violation reports and | 12 | | dispositions. | 13 | | (6) The name and contact information for the assigned | 14 | | parole agent and parole supervisor.
| 15 | | This information shall be provided within 3 days of the | 16 | | person becoming a resident of the facility.
| 17 | | (c-10) If a person on parole or mandatory supervised | 18 | | release becomes a resident of a facility licensed or regulated | 19 | | by the Department of Public Health, the Illinois Department of | 20 | | Public Aid, or the Illinois Department of Human Services, the | 21 | | Department of Corrections shall provide written notification | 22 | | of such residence to the following: | 23 | | (1) The Prisoner Review Board. | 24 | | (2) The
chief of police and sheriff in the municipality | 25 | | and county in which the licensed facility is located. | 26 | | The notification shall be provided within 3 days of the |
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| 1 | | person becoming a resident of the facility.
| 2 | | (d) Upon the release of a committed person on parole, | 3 | | mandatory
supervised release, final discharge or pardon, the | 4 | | Department shall provide
such person with information | 5 | | concerning programs and services of the
Illinois Department of | 6 | | Public Health to ascertain whether such person has
been exposed | 7 | | to the human immunodeficiency virus (HIV) or any identified
| 8 | | causative agent of Acquired Immunodeficiency Syndrome (AIDS).
| 9 | | (e) Upon the release of a committed person on parole, | 10 | | mandatory supervised
release, final discharge, pardon, or who | 11 | | has been wrongfully imprisoned, the Department shall provide | 12 | | the person
who has met the criteria established by the | 13 | | Department with an identification
card identifying the
person | 14 | | as being on parole, mandatory supervised release, final | 15 | | discharge,
pardon, or wrongfully imprisoned, as the case may | 16 | | be. The Department, in consultation with the Office of
the | 17 | | Secretary of State, shall prescribe the form of the | 18 | | identification card,
which may be similar to the form of the | 19 | | standard Illinois Identification Card.
The Department shall | 20 | | inform the committed person that he or she may present the
| 21 | | identification card to the Office of the Secretary of State | 22 | | upon application
for a standard Illinois Identification Card in | 23 | | accordance with the Illinois
Identification Card Act. The | 24 | | Department shall require the committed person to
pay a $1 fee | 25 | | for the identification card.
| 26 | | For purposes of a committed person
receiving an |
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| 1 | | identification card issued by the Department under this
| 2 | | subsection, the Department shall establish criteria that the
| 3 | | committed person must meet before the card is issued.
It is the | 4 | | sole responsibility of the
committed person requesting the | 5 | | identification card issued by the Department to
meet the | 6 | | established criteria.
The person's failure to
meet the criteria | 7 | | is sufficient reason to deny the committed person the
| 8 | | identification card. An identification card issued by the | 9 | | Department under
this subsection shall be valid for a period of | 10 | | time not to exceed 30 calendar
days from the date the card is | 11 | | issued.
The Department shall not be held civilly or
criminally | 12 | | liable to anyone because of any act of any person utilizing a | 13 | | card
issued by the Department under this subsection.
| 14 | | The Department shall adopt
rules governing the issuance of | 15 | | identification cards to committed persons being
released on | 16 | | parole, mandatory supervised release, final
discharge, or | 17 | | pardon.
| 18 | | (Source: P.A. 96-1550, eff. 7-1-11; 97-560, eff. 1-1-12; | 19 | | 97-813, eff. 7-13-12.)
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