Public Act 0374 102ND GENERAL ASSEMBLY

SB2116 Enrolled LRB102 11674 KMF 17008 b

Public Act 102-0374

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Re-Entering Citizens Civics Education Act is amended by changing Sections 5, 10, 15, 20, 25, 30, and 35 and by adding Section 21 as follows:

(730 ILCS 200/5)

Sec. 5. Definitions. In this Act:

"Co-facilitators" means a committed person at the Department of Juvenile Justice who is specifically trained in voting rights education, who shall assist in conducting voting and civics education workshops for committed persons at the Department of Juvenile Justice who are scheduled for discharge within 12 months.

"Committed person" means a person committed and confined to and in the physical custody of the Department of Corrections or the Department of Juvenile Justice.

"Commitment" means a judicially determined placement in the physical custody of the Department of Corrections or the Department of Juvenile Justice on the basis of conviction or delinquency.

"Correctional institution or facility" means a Department of Corrections or Department of Juvenile Justice building or part of a Department of Corrections or Department of Juvenile Justice building where committed persons are detained in a secure manner.

"Department" includes the Department of Corrections and the Department of Juvenile Justice, unless the text solely specifies a particular Department.

"Detainee" means a committed person in the physical custody of the Department of Corrections or the Department of Juvenile Justice.

"Director" includes the Directors Director of the Department of Corrections and the Department of Juvenile Justice unless the text solely specifies a particular Director.

"Discharge" means the end of a sentence or the final termination of a committed person's detainee's physical commitment to and confinement in the Department of Corrections. Discharge means the end of a sentence or the final termination of a committed person's physical commitment to and confinement in the or Department of Juvenile Justice.

"Peer educator" means an incarcerated citizen at the Department of Corrections who is specifically trained in voting rights education, who shall conduct voting and civics education workshops for committed persons at the Department of Corrections who are detainees scheduled for discharge within 12 months.

"Program" means the nonpartisan peer education and information instruction established by this Act.

"Re-entering citizen" means any United States citizen who is: 17 years of age or older; in the physical custody of the Department of Corrections or Department of Juvenile Justice; and scheduled to be re-entering society within 12 months.

(Source: P.A. 101-441, eff. 1-1-20; revised 8-19-20.)

(730 ILCS 200/10)

Sec. 10. Purpose; program. The Department of Corrections and the Department of Juvenile Justice shall provide a nonpartisan peer-led civics program throughout the correctional institutions of this State to teach civics to soon-to-be released citizens who will be re-entering society. The goal of the program is to promote the successful integration of re-entering citizens, promote democracy, and reduce rates of recidivism within this State. For young people in particular, the study of civics helps people acquire and learn to use the skills, knowledge, and attitudes that will prepare them to be engaged citizens throughout their lives. This program shall coincide with and enhance existing laws to ensure that re-entering citizens understand their civic responsibility and know how to secure or, if applicable, regain their right to vote as part of the exit process.

(Source: P.A. 101-441, eff. 1-1-20.)

(730 ILCS 200/15)

Sec. 15. Curriculum and eligibility. The civics peer education program shall consist of a rigorous curriculum, and participants shall be instructed on subjects including, but not limited to, voting rights, governmental institutions, current affairs, and simulations of voter registration, election, and democratic processes. Each workshop held at the Department of Corrections shall consist of 3 sessions that are 90 minutes each and that do not need to be taken consecutively. The workshops held at the Department of Juvenile Justice shall consist of 270 minutes of instruction. The Department of Corrections and the Department of Juvenile Justice The Department must offer re-entering citizens scheduled to be discharged within 12 months with the civics peer education program, and each re-entering citizen must enroll in the program one to 12 months prior to his or her expected date of release. This workshop must be included in the standard exit process. The Department of Corrections and the Department of Juvenile Justice The Department should aim to include this workshop in conjunction with other pre-release procedures and movements. Delays in a workshop being provided shall not cause delays in discharge. Committed persons Detainees may not be prevented from attending workshops due to staffing shortages, lockdowns, or to conflicts with family or legal visits, court dates, medical appointments, commissary visits, recreational sessions, dining, work, class, or bathing schedules. In case of conflict or staffing shortages, re-entering citizens must be given full opportunity to attend a workshop at a later time.

(Source: P.A. 101-441, eff. 1-1-20.)

(730 ILCS 200/20)

Sec. 20. Peer educator training. The civics peer education program shall be taught by peer educators who are citizens incarcerated in Department of Corrections and Department of Juvenile Justice facilities and specially trained by experienced peer educators and established nonpartisan civic organizations. Established nonpartisan civic organizations may be assisted by area political science or civics educators at colleges, universities, and high schools and by nonpartisan organizations providing re-entry services. The nonpartisan civic organizations shall provide adequate training to peer educators on matters including, but not limited to, voting rights, governmental institutions, current affairs, and simulations of voter registration, election, and democratic processes, and shall provide periodic updates to program content and to peer educators.

(Source: P.A. 101-441, eff. 1-1-20.)

(730 ILCS 200/21 new)

Sec. 21. Co-facilitator training. The civics education program in the Department of Juvenile Justice shall be taught using 2 co-facilitators. One of the co-facilitators shall be a member of an established nonpartisan civic organization and the other co-facilitator shall be a committed person at the Department of Juvenile Justice who is specifically trained in voting rights education and who has been trained by an established nonpartisan civic organization. The organization providing training may be assisted by area political science or civics educators at colleges, universities, and high schools and by nonpartisan organizations providing re-entry services. The nonpartisan civic organizations shall provide adequate training to both co-facilitators on the civics and voting rights curriculum.

(730 ILCS 200/25)

Sec. 25. Voter and civic education program; content.

(a) Program content shall provide the following:

(1) nonpartisan information on voting history procedures;

(2) nonpartisan definitions of local, State, and federal governmental institutions and offices; and

(3) examples and simulations of registration and voting processes, and access to voter registration and voting processes for those individuals who are eligible to vote.

(b) Established nonpartisan civic organizations shall provide periodic updates to program content and, if applicable, peer educators and co-facilitators. Updates shall reflect major relevant changes to election laws and processes in Illinois.

(c) Program content shall be delivered in the following manners:

(1) verbally via peer educators and co-facilitators;

(2) broadcasts via Department of Corrections and Department of Juvenile Justice internal television channels; or

(3) printed information packets.

(d) Peer educators and co-facilitators shall disseminate printed information for voting in the releasee's county, including, but not limited to, election authorities' addresses, all applicable Internet websites, and public contact information for all election authorities. This information shall be compiled into a civics handbook. The handbook shall also include key information condensed into a pocket information card.

(e) This information shall also be compiled electronically and posted on Department of Corrections' and Department of Juvenile Justice's website along with the Department of Corrections' Community Support Advisory Councils websites.

(f) Department Directors shall ensure that the wardens or superintendents of all correctional institutions and facilities visibly post this information on all common areas of their respective institutions, and shall broadcast the same via in-house institutional information television channels. Directors shall ensure that updated information is distributed in a timely, visible, and accessible manner.

(g) The Director of Corrections shall order, in a clearly visible area of each parole office within this State, the posting of a notice stipulating voter eligibility and that contains the current Internet website address and voter registration information provided by State Board of Elections regarding voting rights for citizens released from the physical custody of the Department of Corrections and the Department of Juvenile Justice.

(h) All program content and materials shall be distributed annually to the Community Support Advisory Councils of the Department of Corrections for use in re-entry programs across this State.

(Source: P.A. 101-441, eff. 1-1-20.)

(730 ILCS 200/30)

Sec. 30. Power of the Departments Department. The Department of Corrections and the Department of Juvenile Justice shall adopt rules to carry out this Act within 6 months after the effective date of this Act.

(Source: P.A. 101-441, eff. 1-1-20.)

(730 ILCS 200/35)

Sec. 35. Funding. The funding for the voting rights and registration peer education program shall be subject to appropriation by the General Assembly. The Department of Corrections and the Department of Juvenile Justice may use private or federal funding to administer the program, including, but not limited to, funds from the United States Department of Justice.

(Source: P.A. 101-441, eff. 1-1-20.)

Section 99. Effective date. This Act takes effect January 1, 2022.

Effective Date: 1/1/2022