Full Text of HB3089 101st General Assembly
HB3089 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB3089 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED: |
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730 ILCS 5/3-14-1 | from Ch. 38, par. 1003-14-1 |
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Amends the Unified Code of Corrections. Provides that the Department of Corrections shall enter into contracts with the Department of Human Services, the Department of Healthcare and Family Services, and any other appropriate State agencies as the Department of Corrections may direct so that those Departments or agencies may assist persons released from institutions and facilities of the Department of Corrections in obtaining the services provided by those Departments. Provides for the type of services available to released persons. Provides that at least 45 days before the scheduled discharge of a person committed to the custody of the Department of Corrections, the Department shall inform the person that those Departments shall provide that assistance. Provides that if the county or municipality of the released person's residence has established a program for reentry of persons into the community who have been committed to the Department, the Department of Corrections shall inform the person about that program. Provides that the assistance provided under this provision shall be available to the person during the term of his or her parole or mandatory supervised release.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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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 | | (b) (Blank).
| 6 | | (c) Except as otherwise provided in this Code, the | 7 | | Department shall
establish procedures to provide written | 8 | | notification of any release of any
person who has been | 9 | | convicted of a felony to the State's Attorney
and sheriff of | 10 | | the county from which the offender was committed, and the
| 11 | | State's Attorney and sheriff of the county into which the | 12 | | offender is to be
paroled or released. Except as otherwise | 13 | | provided in this Code, the
Department shall establish | 14 | | procedures to provide written notification to
the proper law | 15 | | enforcement agency for any municipality of any release of any
| 16 | | person who has been convicted of a felony if the arrest of the | 17 | | offender or the
commission of the offense took place in the | 18 | | municipality, if the offender is to
be paroled or released into | 19 | | the municipality, or if the offender resided in the
| 20 | | municipality at the time of the commission of the offense. If a | 21 | | person
convicted of a felony who is in the custody of the | 22 | | Department of Corrections or
on parole or mandatory supervised | 23 | | release informs the Department that he or she
has resided, | 24 | | resides, or will
reside at an address that is a housing | 25 | | facility owned, managed,
operated, or leased by a public | 26 | | housing agency, the Department must send
written notification |
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| 1 | | of that information to the public housing agency that
owns, | 2 | | manages, operates, or leases the housing facility. The written
| 3 | | notification shall, when possible, be given at least 14 days | 4 | | before release of
the person from custody, or as soon | 5 | | thereafter as possible. The written notification shall be | 6 | | provided electronically if the State's Attorney, sheriff, | 7 | | proper law enforcement agency, or public housing agency has | 8 | | provided the Department with an accurate and up to date email | 9 | | address.
| 10 | | (c-1) (Blank). | 11 | | (c-2) The Department shall establish procedures to provide | 12 | | notice to the Department of State Police of the release or | 13 | | discharge of persons convicted of violations of the | 14 | | Methamphetamine Control and Community
Protection Act or a | 15 | | violation of the Methamphetamine Precursor Control Act. The | 16 | | Department of State Police shall make this information | 17 | | available to local, State, or federal law enforcement agencies | 18 | | upon request. | 19 | | (c-5) If a person on parole or mandatory supervised release | 20 | | becomes a resident of a facility licensed or regulated by the | 21 | | Department of Public Health, the Illinois Department of Public | 22 | | Aid, or the Illinois Department of Human Services, the | 23 | | Department of Corrections shall provide copies of the following | 24 | | information to the appropriate licensing or regulating | 25 | | Department and the licensed or regulated facility where the | 26 | | person becomes a resident: |
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| 1 | | (1) The mittimus and any pre-sentence investigation | 2 | | reports. | 3 | | (2) The social evaluation prepared pursuant to Section | 4 | | 3-8-2. | 5 | | (3) Any pre-release evaluation conducted pursuant to | 6 | | subsection (j) of Section 3-6-2. | 7 | | (4) Reports of disciplinary infractions and | 8 | | dispositions. | 9 | | (5) Any parole plan, including orders issued by the | 10 | | Prisoner Review Board, and any violation reports and | 11 | | dispositions. | 12 | | (6) The name and contact information for the assigned | 13 | | parole agent and parole supervisor.
| 14 | | This information shall be provided within 3 days of the | 15 | | person becoming a resident of the facility.
| 16 | | (c-10) If a person on parole or mandatory supervised | 17 | | release becomes a resident of a facility licensed or regulated | 18 | | by the Department of Public Health, the Illinois Department of | 19 | | Public Aid, or the Illinois Department of Human Services, the | 20 | | Department of Corrections shall provide written notification | 21 | | of such residence to the following: | 22 | | (1) The Prisoner Review Board. | 23 | | (2) The
chief of police and sheriff in the municipality | 24 | | and county in which the licensed facility is located. | 25 | | The notification shall be provided within 3 days of the | 26 | | person becoming a resident of the facility.
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| 1 | | (d) Upon the release of a committed person on parole, | 2 | | mandatory
supervised release, final discharge or pardon, the | 3 | | Department shall provide
such person with information | 4 | | concerning programs and services of the
Illinois Department of | 5 | | Public Health to ascertain whether such person has
been exposed | 6 | | to the human immunodeficiency virus (HIV) or any identified
| 7 | | causative agent of Acquired Immunodeficiency Syndrome (AIDS).
| 8 | | (e) Upon the release of a committed person on parole, | 9 | | mandatory supervised
release, final discharge, pardon, or who | 10 | | has been wrongfully imprisoned, the Department shall verify the | 11 | | released person's full name, date of birth, and social security | 12 | | number. If verification is made by the Department by obtaining | 13 | | a certified copy of the released person's birth certificate and | 14 | | the released person's social security card or other documents | 15 | | authorized by the Secretary, the Department shall provide the | 16 | | birth certificate and social security card or other documents | 17 | | authorized by the Secretary to the released person. If | 18 | | verification by the Department is done by means other than | 19 | | obtaining a certified copy of the released person's birth | 20 | | certificate and the released person's social security card or | 21 | | other documents authorized by the Secretary, the Department | 22 | | shall complete a verification form, prescribed by the Secretary | 23 | | of State, and shall provide that verification form to the | 24 | | released person.
| 25 | | (f) Forty-five days prior to the scheduled discharge of a | 26 | | person committed to the custody of the Department of |
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| 1 | | Corrections, the Department shall give the person who is | 2 | | otherwise uninsured an opportunity to apply for health care | 3 | | coverage including medical assistance under Article V of the | 4 | | Illinois Public Aid Code in accordance with subsection (b) of | 5 | | Section 1-8.5 of the Illinois Public Aid Code, and the | 6 | | Department of Corrections shall provide assistance with | 7 | | completion of the application for health care coverage | 8 | | including medical assistance. The Department may adopt rules to | 9 | | implement this Section. | 10 | | (g) The Department of Corrections shall enter into | 11 | | contracts with the Department of Human Services, the Department | 12 | | of Healthcare and Family Services, and any other appropriate | 13 | | State agencies as the Department of Corrections may direct so | 14 | | that those Departments may assist persons released from | 15 | | institutions and facilities of the Department of Corrections in | 16 | | obtaining the services provided by those Departments. At least | 17 | | 45 days before the scheduled discharge of a person committed to | 18 | | the custody of the Department of Corrections, the Department | 19 | | shall inform the person that those Departments shall provide | 20 | | that assistance. The assistance provided includes how the | 21 | | person may obtain: | 22 | | (1) housing, whether public or private; | 23 | | (2) public assistance and Medicaid; | 24 | | (3) employment and how to prepare for an employment | 25 | | interview; and | 26 | | (4) other transitional assistance to prevent |
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| 1 | | recidivism. | 2 | | If the county or municipality of the released person's | 3 | | residence has established a program for reentry of persons into | 4 | | the community who have been committed to the Department, the | 5 | | Department of Corrections shall inform the person about that | 6 | | program. The assistance provided under this subsection (g) | 7 | | shall be available to the person during the term of his or her | 8 | | parole or mandatory supervised release. | 9 | | (Source: P.A. 98-267, eff. 1-1-14; 99-415, eff. 8-20-15; | 10 | | 99-907, eff. 7-1-17 .)
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