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Public Act 102-0606 | ||||
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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 | ||||
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, | ||||
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. | ||
(a-4) (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).
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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
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 : | ||
(1) 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 ; | ||
(2) information about obtaining a standard Illinois | ||
Identification Card or a limited-term Illinois | ||
Identification Card under Section 4 of the Illinois | ||
Identification Card Act; | ||
(3) information about voter registration and may | ||
distribute information prepared by the State Board of | ||
Elections. The Department of Corrections may enter into an | ||
interagency contract with the State Board of Elections to | ||
participate in the automatic voter registration program | ||
and be a designated automatic voter registration agency | ||
under Section 1A-16.2 of the Election Code; |
(4) information about job listings upon discharge from | ||
the correctional institution or facility; | ||
(5) information about available housing upon discharge | ||
from the correctional institution or facility; | ||
(6) a directory of elected State officials and of | ||
officials elected in the county and municipality, if any, | ||
in which the committed person intends to reside upon | ||
discharge from the correctional institution or facility; | ||
and | ||
(7) any other information that the Department of | ||
Corrections deems necessary to provide the committed | ||
person in order for the committed person to reenter the | ||
community and avoid recidivism . | ||
The Department may adopt rules to implement this Section. | ||
(Source: P.A. 101-351, eff. 1-1-20; 101-442, eff. 1-1-20; | ||
revised 9-9-19.)
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