Full Text of HB5268 95th General Assembly
HB5268 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5268
Introduced , by Rep. Daniel V. Beiser 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 establish procedures to provide written notification to the
chief of police, or if the municipality has no chief of police, the highest ranking law enforcement officer of the proper law enforcement agency for a municipality of any release of any
person who has been convicted of a felony if the arrest of the offender or the
commission of the offense took place in the municipality, if the offender is to
be paroled or released into the municipality, or if the offender resided in the
municipality at the time of the commission of the offense.
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A BILL FOR
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HB5268 |
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LRB095 17190 RLC 43250 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Unified Code of Corrections is amended by | 5 |
| changing Section 3-14-1 as follows:
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| (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
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| Sec. 3-14-1. Release from the Institution.
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| (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.
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| The Department of Corrections may establish and maintain, | 17 |
| in any institution
it administers, revolving funds to be known | 18 |
| as "Travel and Allowances Revolving
Funds". These revolving | 19 |
| funds shall be used for advancing travel and expense
allowances | 20 |
| to committed, paroled, and discharged prisoners. The moneys
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| paid into such revolving funds shall be from appropriations to | 22 |
| the Department
for Committed, Paroled, and Discharged | 23 |
| Prisoners.
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HB5268 |
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LRB095 17190 RLC 43250 b |
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| (b) (Blank).
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| (c) Except as otherwise provided in this Code, the | 3 |
| Department shall
establish procedures to provide written | 4 |
| notification of any release of any
person who has been | 5 |
| convicted of a felony to the State's Attorney
and sheriff of | 6 |
| the county from which the offender was committed, and the
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| State's Attorney and sheriff of the county into which the | 8 |
| offender is to be
paroled or released. Except as otherwise | 9 |
| provided in this Code, the
Department shall establish | 10 |
| procedures to provide written notification to
the chief of | 11 |
| police, or if the municipality has no chief of police, the | 12 |
| highest ranking law enforcement officer of the proper law | 13 |
| enforcement agency for any municipality of any release of any
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| person who has been convicted of a felony if the arrest of the | 15 |
| offender or the
commission of the offense took place in the | 16 |
| municipality, if the offender is to
be paroled or released into | 17 |
| the municipality, or if the offender resided in the
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| municipality at the time of the commission of the offense. If a | 19 |
| person
convicted of a felony who is in the custody of the | 20 |
| Department of Corrections or
on parole or mandatory supervised | 21 |
| release informs the Department that he or she
has resided, | 22 |
| resides, or will
reside at an address that is a housing | 23 |
| facility owned, managed,
operated, or leased by a public | 24 |
| housing agency, the Department must send
written notification | 25 |
| of that information to the public housing agency that
owns, | 26 |
| manages, operates, or leases the housing facility. The written
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HB5268 |
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LRB095 17190 RLC 43250 b |
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| notification shall, when possible, be given at least 14 days | 2 |
| before release of
the person from custody, or as soon | 3 |
| thereafter as possible.
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| (c-1) (Blank). | 5 |
| (c-5) If a person on parole or mandatory supervised release | 6 |
| becomes a resident of a facility licensed or regulated by the | 7 |
| Department of Public Health, the Illinois Department of Public | 8 |
| Aid, or the Illinois Department of Human Services, the | 9 |
| Department of Corrections shall provide copies of the following | 10 |
| information to the appropriate licensing or regulating | 11 |
| Department and the licensed or regulated facility where the | 12 |
| person becomes a resident: | 13 |
| (1) The mittimus and any pre-sentence investigation | 14 |
| reports. | 15 |
| (2) The social evaluation prepared pursuant to Section | 16 |
| 3-8-2. | 17 |
| (3) Any pre-release evaluation conducted pursuant to | 18 |
| subsection (j) of Section 3-6-2. | 19 |
| (4) Reports of disciplinary infractions and | 20 |
| dispositions. | 21 |
| (5) Any parole plan, including orders issued by the | 22 |
| Prisoner Review Board, and any violation reports and | 23 |
| dispositions. | 24 |
| (6) The name and contact information for the assigned | 25 |
| parole agent and parole supervisor.
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| This information shall be provided within 3 days of the |
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| person becoming a resident of the facility.
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| (c-10) If a person on parole or mandatory supervised | 3 |
| release becomes a resident of a facility licensed or regulated | 4 |
| by the Department of Public Health, the Illinois Department of | 5 |
| Public Aid, or the Illinois Department of Human Services, the | 6 |
| Department of Corrections shall provide written notification | 7 |
| of such residence to the following: | 8 |
| (1) The Prisoner Review Board. | 9 |
| (2) The
chief of police and sheriff in the municipality | 10 |
| and county in which the licensed facility is located. | 11 |
| The notification shall be provided within 3 days of the | 12 |
| person becoming a resident of the facility.
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| (d) Upon the release of a committed person on parole, | 14 |
| mandatory
supervised release, final discharge or pardon, the | 15 |
| Department shall provide
such person with information | 16 |
| concerning programs and services of the
Illinois Department of | 17 |
| Public Health to ascertain whether such person has
been exposed | 18 |
| to the human immunodeficiency virus (HIV) or any identified
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| causative agent of Acquired Immunodeficiency Syndrome (AIDS).
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| (e) Upon the release of a committed person on parole, | 21 |
| mandatory supervised
release, final discharge, or pardon, the | 22 |
| Department shall provide the person
who has met the criteria | 23 |
| established by the Department with an identification
card | 24 |
| identifying the
person as being on parole, mandatory supervised | 25 |
| release, final discharge, or
pardon, as the case may be. The | 26 |
| Department, in consultation with the Office of
the Secretary of |
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LRB095 17190 RLC 43250 b |
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| State, shall prescribe the form of the identification card,
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| which may be similar to the form of the standard Illinois | 3 |
| Identification Card.
The Department shall inform the committed | 4 |
| person that he or she may present the
identification card to | 5 |
| the Office of the Secretary of State upon application
for a | 6 |
| standard Illinois Identification Card in accordance with the | 7 |
| Illinois
Identification Card Act. The Department shall require | 8 |
| the committed person to
pay a $1 fee for the identification | 9 |
| card.
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| For purposes of a committed person
receiving an | 11 |
| identification card issued by the Department under this
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| subsection, the Department shall establish criteria that the
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| committed person must meet before the card is issued.
It is the | 14 |
| sole responsibility of the
committed person requesting the | 15 |
| identification card issued by the Department to
meet the | 16 |
| established criteria.
The person's failure to
meet the criteria | 17 |
| is sufficient reason to deny the committed person the
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| identification card. An identification card issued by the | 19 |
| Department under
this subsection shall be valid for a period of | 20 |
| time not to exceed 30 calendar
days from the date the card is | 21 |
| issued.
The Department shall not be held civilly or
criminally | 22 |
| liable to anyone because of any act of any person utilizing a | 23 |
| card
issued by the Department under this subsection.
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| The Department shall adopt
rules governing the issuance of | 25 |
| identification cards to committed persons being
released on | 26 |
| parole, mandatory supervised release, final
discharge, or |
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LRB095 17190 RLC 43250 b |
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| pardon.
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| (Source: P.A. 94-163, eff. 7-11-05.)
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