Illinois General Assembly - Full Text of Public Act 101-0351
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Public Act 101-0351


 

Public Act 0351 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0351
 
SB1744 EnrolledLRB101 10373 SLF 55479 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Unified Code of Corrections is amended by
changing Section 3-14-1 as follows:
 
    (730 ILCS 5/3-14-1)  (from Ch. 38, par. 1003-14-1)
    Sec. 3-14-1. Release from the institution.
    (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.
    (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
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.
    (a-3) Prior to release of a person on parole, mandatory
supervised release, final discharge, or pardon, the Department
shall screen every person for Medicaid eligibility. Officials
of the correctional institution or facility where the committed
person is assigned shall assist an eligible person to complete
a Medicaid application to ensure that the person begins
receiving benefits as soon as possible after his or her
release. The application must include the eligible person's
address associated with his or her residence upon release from
the facility. If the residence is temporary, the eligible
person must notify the Department of Human Services of his or
her change in address upon transition to permanent housing.
    (b) (Blank).
    (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
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
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. 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
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.
    (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.
    This information shall be provided within 3 days of the
person becoming a resident of the facility.
    (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.
    (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
causative agent of Acquired Immunodeficiency Syndrome (AIDS).
    (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.
    (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.)

Effective Date: 1/1/2020