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Public Act 101-0442 | ||||
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AN ACT concerning elections.
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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 Election Code is amended by adding Sections | ||||
19-2.3 and by changing Section 19A-20 as follows: | ||||
(10 ILCS 5/19-2.3 new) | ||||
Sec. 19-2.3. Vote by mail; jails. Each election authority | ||||
in a county with a population under 3,000,000 shall collaborate | ||||
with the primary county jail where eligible voters are confined | ||||
or detained who are within the jurisdiction of the election | ||||
authority to facilitate an opportunity for voting by mail for | ||||
voters eligible to vote in the election jurisdiction who are | ||||
confined or detained in the county jail. | ||||
(10 ILCS 5/19A-20)
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Sec. 19A-20. Temporary branch polling places.
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(a) In addition to permanent polling places for early | ||||
voting, the election
authority may establish temporary branch | ||||
polling places for early voting.
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(b) The provisions of subsection (b) of Section 19A-15 do | ||||
not apply to a
temporary polling place. Voting at a temporary | ||||
branch polling place may be
conducted on any one or more days | ||||
and during any hours within the period for
early voting by |
personal appearance that are determined by the election
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authority.
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(c) The schedules for conducting voting do not need to be | ||
uniform among the
temporary branch polling places.
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(d) The legal rights and remedies which inure to the owner | ||
or lessor of
private property are not impaired or otherwise | ||
affected by the leasing of the
property for use as a temporary | ||
branch polling place for early voting, except
to the extent | ||
necessary to conduct early voting at that location.
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(e) In a county with a population of 3,000,000 or more, the | ||
election authority in the county shall establish a temporary | ||
branch polling place under this Section in the county jail. | ||
Only a resident of a county who is in custody at the county | ||
jail and who has not been convicted of the offense for which | ||
the resident is in custody is eligible to vote at a temporary | ||
branch polling place established under this subsection. The | ||
temporary branch polling place established under this | ||
subsection shall allow a voter to vote in the same elections | ||
that the voter would be entitled to vote in where the voter | ||
resides. To the maximum extent feasible, voting booths or | ||
screens shall be provided to ensure the privacy of the voter. | ||
All provisions of this Code applicable to pollwatchers | ||
shall apply to a temporary branch polling place under this | ||
subsection (e), subject to approval from the election authority | ||
and the county jail, except that nonpartisan pollwatchers shall | ||
be limited to one per division within the jail instead of one |
per precinct. A county that establishes a temporary branch | ||
polling place inside a county jail in accordance with this | ||
subsection (e) shall adhere to all requirements of this | ||
subsection (e). All requirements of the federal Voting Rights | ||
Act of 1965 and Sections 203 and 208 of the federal Americans | ||
with Disabilities Act shall apply to this subsection (e). | ||
(Source: P.A. 94-645, eff. 8-22-05.) | ||
Section 10. The Counties Code is amended by adding Sections | ||
3-15003.3 and 3-15003.4 as follows: | ||
(55 ILCS 5/3-15003.3 new) | ||
Sec. 3-15003.3. Voter registration; county jails. Upon | ||
discharge of a person who is eligible to vote from a county | ||
jail, the county jail shall provide the person with a voter | ||
registration application. Each election authority shall | ||
collaborate with the county jail within the jurisdiction of the | ||
election authority to facilitate voter registration for voters | ||
eligible to vote in that county who are confined or detained in | ||
the county jail. A county jail shall provide a voter | ||
registration application to any person in custody at the jail | ||
who requests an application and is eligible to vote. | ||
(55 ILCS 5/3-15003.4 new) | ||
Sec. 3-15003.4. Voting rights; county jails; probation | ||
offices. |
(a) Each county jail and county probation office shall make | ||
available current resource materials, maintained by the | ||
Illinois State Board of Elections, containing detailed | ||
information regarding the voting rights of a person with a | ||
criminal conviction in print. | ||
(b) The current resource materials described under | ||
subsection (a) shall be provided: | ||
(1) upon discharge of a person from a county jail; and | ||
(2) upon intake of a person by a county probation | ||
department. | ||
Section 15. The Unified Code of Corrections is amended by | ||
adding Section 3-2-2.3 and by changing Section 3-14-1 as | ||
follows: | ||
(730 ILCS 5/3-2-2.3 new) | ||
Sec. 3-2-2.3. Voting rights information. | ||
(a) The Department shall make available to a person in its | ||
custody current resource materials, maintained by the Illinois | ||
State Board of Elections, containing detailed information | ||
regarding the voting rights of a person with a criminal | ||
conviction in the following formats: | ||
(1) in print; | ||
(2) on the Department's website; and | ||
(3) in a visible location on the premises of each | ||
Department facility where notices are customarily posted. |
(b) The current resource materials described under | ||
subsection (a) shall be provided upon release of a person on | ||
parole, mandatory supervised release, final discharge, or | ||
pardon from the Department.
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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, | ||
final
discharge or pardon the Department shall return all | ||
property held for
him, provide him with suitable clothing and | ||
procure necessary
transportation for him to his designated | ||
place of residence and
employment. It may provide such person | ||
with a grant of money for travel and
expenses which may be paid | ||
in installments. The amount of the money grant
shall be | ||
determined by the Department.
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(a-1) The Department shall, before a wrongfully imprisoned | ||
person, as defined in Section 3-1-2 of this Code, is discharged | ||
from the Department, provide him or her with any documents | ||
necessary after discharge. | ||
(a-2) The Department of Corrections may establish and | ||
maintain, in any institution
it administers, revolving funds to | ||
be known as "Travel and Allowances Revolving
Funds". These | ||
revolving funds shall be used for advancing travel and expense
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allowances to committed, paroled, and discharged prisoners. | ||
The moneys
paid into such revolving funds shall be from | ||
appropriations to the Department
for Committed, Paroled, and |
Discharged Prisoners.
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(a-3) Upon release of a person who is eligible to vote on | ||
parole, mandatory release, final discharge, or pardon, the | ||
Department shall provide the person with a form that informs | ||
him or her that his or her voting rights have been restored and | ||
a voter registration application. The Department shall have | ||
available voter registration applications in the languages | ||
provided by the Illinois State Board of Elections. The form | ||
that informs the person that his or her rights have been | ||
restored shall include the following information: | ||
(1) All voting rights are restored upon release from | ||
the Department's custody. | ||
(2) A person who is eligible to vote must register in | ||
order to be able to vote. | ||
The Department of Corrections shall confirm that the person | ||
received the voter registration application and has been | ||
informed that his or her voting rights have been restored. | ||
(b) (Blank).
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(c) Except as otherwise provided in this Code, the | ||
Department shall
establish procedures to provide written | ||
notification of any release of any
person who has been | ||
convicted of a felony to the State's Attorney
and sheriff of | ||
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 | ||
offender is to be
paroled or released. Except as otherwise | ||
provided in this Code, the
Department shall establish |
procedures to provide written notification to
the proper law | ||
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 | ||
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
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municipality at the time of the commission of the offense. If a | ||
person
convicted of a felony who is in the custody of the | ||
Department of Corrections or
on parole or mandatory supervised | ||
release informs the Department that he or she
has resided, | ||
resides, or will
reside at an address that is a housing | ||
facility owned, managed,
operated, or leased by a public | ||
housing agency, the Department must send
written notification | ||
of that information to the public housing agency that
owns, | ||
manages, operates, or leases the housing facility. The written
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notification shall, when possible, be given at least 14 days | ||
before release of
the person from custody, or as soon | ||
thereafter as possible. The written notification shall be | ||
provided electronically if the State's Attorney, sheriff, | ||
proper law enforcement agency, or public housing agency has | ||
provided the Department with an accurate and up to date email | ||
address.
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(c-1) (Blank). | ||
(c-2) The Department shall establish procedures to provide | ||
notice to the Department of State Police of the release or | ||
discharge of persons convicted of violations of the |
Methamphetamine Control and Community
Protection Act or a | ||
violation of the Methamphetamine Precursor Control Act. The | ||
Department of State Police shall make this information | ||
available to local, State, or federal law enforcement agencies | ||
upon request. | ||
(c-5) If a person on parole or mandatory supervised release | ||
becomes a resident of a facility licensed or regulated by the | ||
Department of Public Health, the Illinois Department of Public | ||
Aid, or the Illinois Department of Human Services, the | ||
Department of Corrections shall provide copies of the following | ||
information to the appropriate licensing or regulating | ||
Department and the licensed or regulated facility where the | ||
person becomes a resident: | ||
(1) The mittimus and any pre-sentence investigation | ||
reports. | ||
(2) The social evaluation prepared pursuant to Section | ||
3-8-2. | ||
(3) Any pre-release evaluation conducted pursuant to | ||
subsection (j) of Section 3-6-2. | ||
(4) Reports of disciplinary infractions and | ||
dispositions. | ||
(5) Any parole plan, including orders issued by the | ||
Prisoner Review Board, and any violation reports and | ||
dispositions. | ||
(6) The name and contact information for the assigned | ||
parole agent and parole supervisor.
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This information shall be provided within 3 days of the | ||
person becoming a resident of the facility.
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(c-10) If a person on parole or mandatory supervised | ||
release becomes a resident of a facility licensed or regulated | ||
by the Department of Public Health, the Illinois Department of | ||
Public Aid, or the Illinois Department of Human Services, the | ||
Department of Corrections shall provide written notification | ||
of such residence to the following: | ||
(1) The Prisoner Review Board. | ||
(2) The
chief of police and sheriff in the municipality | ||
and county in which the licensed facility is located. | ||
The notification shall be provided within 3 days of the | ||
person becoming a resident of the facility.
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(d) Upon the release of a committed person on parole, | ||
mandatory
supervised release, final discharge or pardon, the | ||
Department shall provide
such person with information | ||
concerning programs and services of the
Illinois Department of | ||
Public Health to ascertain whether such person has
been exposed | ||
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, | ||
mandatory supervised
release, final discharge, pardon, or who | ||
has been wrongfully imprisoned, the Department shall verify the | ||
released person's full name, date of birth, and social security | ||
number. If verification is made by the Department by obtaining | ||
a certified copy of the released person's birth certificate and |
the released person's social security card or other documents | ||
authorized by the Secretary, the Department shall provide the | ||
birth certificate and social security card or other documents | ||
authorized by the Secretary to the released person. If | ||
verification by the Department is done by means other than | ||
obtaining a certified copy of the released person's birth | ||
certificate and the released person's social security card or | ||
other documents authorized by the Secretary, the Department | ||
shall complete a verification form, prescribed by the Secretary | ||
of State, and shall provide that verification form to the | ||
released person.
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(f) Forty-five days prior to the scheduled discharge of a | ||
person committed to the custody of the Department of | ||
Corrections, the Department shall give the person who is | ||
otherwise uninsured an opportunity to apply for health care | ||
coverage including medical assistance under Article V of the | ||
Illinois Public Aid Code in accordance with subsection (b) of | ||
Section 1-8.5 of the Illinois Public Aid Code, and the | ||
Department of Corrections shall provide assistance with | ||
completion of the application for health care coverage | ||
including medical assistance. The Department may adopt rules to | ||
implement this Section. | ||
(Source: P.A. 98-267, eff. 1-1-14; 99-415, eff. 8-20-15; | ||
99-907, eff. 7-1-17 .)
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