Full Text of HB3609 99th General Assembly
HB3609 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3609 Introduced , by Rep. John D. Anthony SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/3-14-1 | from Ch. 38, par. 1003-14-1 |
|
Amends the Unified Code of Corrections. Provides that the Department of Corrections Parole Division shall collect a fee of $20 per month from all persons over the age of 18 who are supervised on presumptive release, parole, mandatory supervised release, conditional release, or post-release by the Department. Provides that moneys from the fee shall be deposited into the Illinois Department of Corrections Parole Division Offender Supervision Fund in the State treasury. Provides that the Parole Division may waive all or part of the fee where, because of the indigence of the offender, the payment of the fee would impose an unreasonable hardship on the person convicted, his or her immediate family, or any other person who is dependent on the convicted person for financial support. Provides that the fee shall not constitute a condition of parole supervision. Effective immediately.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | HB3609 | | LRB099 09040 RLC 29227 b |
|
| 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 |
| | | HB3609 | - 2 - | LRB099 09040 RLC 29227 b |
|
| 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 |
| | | HB3609 | - 3 - | LRB099 09040 RLC 29227 b |
|
| 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 |
| | | HB3609 | - 4 - | LRB099 09040 RLC 29227 b |
|
| 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 |
| | | HB3609 | - 5 - | LRB099 09040 RLC 29227 b |
|
| 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 |
| | | HB3609 | - 6 - | LRB099 09040 RLC 29227 b |
|
| 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 | | (f) The Department of Corrections Parole Division shall | 19 | | collect a fee of $20 per month from all persons over the age of | 20 | | 18 who, after the effective date of this amendatory Act of the | 21 | | 99th General Assembly, are supervised on presumptive release, | 22 | | parole, mandatory supervised release, conditional release, or | 23 | | post-release by the Department. Moneys from the fee shall be | 24 | | deposited into the Illinois Department of Corrections Parole | 25 | | Division Offender Supervision Fund in the State treasury. The | 26 | | Parole Division shall waive all or part of the fee where, |
| | | HB3609 | - 7 - | LRB099 09040 RLC 29227 b |
|
| 1 | | because of the indigence of the offender, the payment of the | 2 | | fee would impose an unreasonable hardship on the person | 3 | | convicted, his or her immediate family, or any other person who | 4 | | is dependent on the convicted person for financial support. | 5 | | The fee authorized by this subsection shall not constitute, | 6 | | nor be imposed as, a condition of parole supervision. | 7 | | In the event of non-payment of any fees which have not been | 8 | | waived by the Parole Division, the Parole Division may seek to | 9 | | enforce payment in any manner permitted by law for enforcement | 10 | | of a debt owed to the State. | 11 | | (Source: P.A. 97-560, eff. 1-1-12; 97-813, eff. 7-13-12; | 12 | | 98-267, eff. 1-1-14.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
|
|