Rep. Camille Y. Lilly

Filed: 4/9/2019

 

 


 

 


 
10100HB3090ham002LRB101 08266 RLC 59066 a

1
AMENDMENT TO HOUSE BILL 3090

2    AMENDMENT NO. ______. Amend House Bill 3090, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 1. Short title. This Act may be cited as the
6Reporting of Deaths in Custody Act.
 
7    Section 5. Report of deaths of persons in custody in
8correctional institutions.
9    (a) In this Act, "law enforcement agency" includes the
10Department of Corrections, the Department of Juvenile Justice,
11and each law enforcement entity within this State having the
12authority to arrest and detain persons suspected of, or charged
13with, committing a criminal offense, and each law enforcement
14entity that operates a lock up, jail, prison, or any other
15facility used to detain persons for legitimate law enforcement
16purposes.

 

 

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1    (b) In any case in which a person dies while in custody of
2a law enforcement agency or a peace officer, the law
3enforcement agency shall report the death in writing to the
4Illinois Criminal Justice Information Authority, no later than
530 days after the date on which the person in custody or
6incarcerated died. The written report shall contain the
7following information:
8        (1) facts concerning the death that are in the
9    possession of the law enforcement agency in charge of the
10    facility where the death occurred including, but not
11    limited to, cause and manner of death, race, age, and
12    gender of the decedent;
13        (2) the jurisdiction, the law enforcement agency
14    providing the report, and the local or State facility where
15    the death occurred;
16        (3) if emergency care was requested by the law
17    enforcement agency in response to any illness, injury,
18    self-inflicted or otherwise, or other issue related to
19    rapid deterioration of physical wellness or human
20    subsistence, and details concerning emergency care that
21    was provided to the decedent if emergency care was
22    provided.
23    (c) The law enforcement agency and the involved
24correctional administrators shall make a good faith effort to
25obtain all relevant facts and circumstances relevant to the
26death and include those in the report.

 

 

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1    (d) The Illinois Criminal Justice Information Authority
2shall create a standardized form to be used for the purpose of
3collecting and reporting information as described in
4subsection (b).
5    (e) Law enforcement agencies shall use the form described
6in subsection (d) to report all cases in which a person dies
7while in the custody of a law enforcement agency or a peace
8officer.
9    (f) The Illinois Criminal Justice Information Authority
10may determine the manner in which the form is transmitted from
11a law enforcement agency to the Illinois Criminal Justice
12Information Authority.
13    (g) The reports shall be public records within the meaning
14of subsection (c) of Section 2 of the Freedom of Information
15Act and are open to public inspection, with the exception of
16any portion of the report that the Illinois Criminal Justice
17Information Authority determines is privileged or protected
18under Illinois or federal law.
19    (h) The Illinois Criminal Justice Information Authority
20shall make available to the public information of all
21individual reports relating to deaths in custody through the
22Illinois Criminal Justice Information Authority's website to
23be updated on a quarterly basis.
24    (i) The Illinois Criminal Justice Information Authority
25shall issue a public annual report tabulating and evaluating
26trends and information on deaths in custody, including, but not

 

 

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1limited to:
2        (1) information regarding cause and manner of death,
3    race, and the gender of the decedent;
4        (2) the jurisdiction, law enforcement agency providing
5    the report, and local or State facility where the death
6    occurred; and
7        (3) recommendations and State and local efforts
8    underway to reduce deaths in custody.
9    The report shall be submitted to the Governor, Attorney
10General, and General Assembly and made available to the public
11on the Illinois Criminal Justice Information Authority's
12website the first week of February of each year.
13    (j) So that the State may oversee the healthcare provided
14to any person in the custody of each law enforcement agency
15within this State, provision of medical services to these
16persons, general care and treatment, and any other factors that
17may contribute to the death of any of these persons, the
18following information shall be made available to the public on
19the Illinois Criminal Justice Information Authority's website:
20        (1) the number of deaths that occurred during the
21    preceding calendar year;
22        (2) the known, or discoverable upon reasonable
23    inquiry, causes and contributing factors of each of the
24    in-custody deaths as defined in subsection (b); and
25        (3) the law enforcement agency's policies, procedures,
26    and protocols related to:

 

 

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1            (A) treatment of a person experiencing withdrawal
2        from alcohol or substance use;
3            (B) the facility's provision, or lack of
4        provision, of medications used to treat, mitigate, or
5        address a person's symptoms; and
6            (C) notifying an inmate's next of kin after the
7        inmate's in-custody death.
8    (k) The family, next of kin, or any other person reasonably
9nominated by the decedent as an emergency contact shall be
10notified as soon as possible in a suitable manner giving an
11accurate factual account of the cause of death and
12circumstances surrounding the death in custody.
13    (l) The law enforcement agency shall name a staff person to
14act as dedicated family liaison officer to be a point of
15contact for the family, to make and maintain contact with the
16family, to report ongoing developments and findings of
17investigations, and to provide information and practical
18support. If requested by the deceased's next of kin, the law
19enforcement agency shall arrange for a chaplain, counselor, or
20other suitable staff member to meet with the family and discuss
21any faith considerations or concerns. The family has a right to
22the medical records of a family member who has died in custody
23and these records shall be disclosed to them.
24    (m) It is unlawful for a person who is required under this
25Section to file a report to fail to include in the report facts
26known or discovered in the report to the Illinois Criminal

 

 

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1Justice Information Authority. A violation of this Section is a
2petty offense in which a fine of $500 per occurrence shall be
3imposed. Moneys received from the fines imposed under this
4subsection (m) shall be paid into the Criminal Justice
5Information Systems Trust Fund.
 
6    Section 105. The Illinois Identification Card Act is
7amended by changing Section 4 as follows:
 
8    (15 ILCS 335/4)  (from Ch. 124, par. 24)
9    (Text of Section before amendment by P.A. 100-717)
10    Sec. 4. Identification card.
11    (a) The Secretary of State shall issue a standard Illinois
12Identification Card to any natural person who is a resident of
13the State of Illinois who applies for such card, or renewal
14thereof. No identification card shall be issued to any person
15who holds a valid foreign state identification card, license,
16or permit unless the person first surrenders to the Secretary
17of State the valid foreign state identification card, license,
18or permit. The card shall be prepared and supplied by the
19Secretary of State and shall include a photograph and signature
20or mark of the applicant. However, the Secretary of State may
21provide by rule for the issuance of Illinois Identification
22Cards without photographs if the applicant has a bona fide
23religious objection to being photographed or to the display of
24his or her photograph. The Illinois Identification Card may be

 

 

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1used for identification purposes in any lawful situation only
2by the person to whom it was issued. As used in this Act,
3"photograph" means any color photograph or digitally produced
4and captured image of an applicant for an identification card.
5As used in this Act, "signature" means the name of a person as
6written by that person and captured in a manner acceptable to
7the Secretary of State.
8    (a-5) If an applicant for an identification card has a
9current driver's license or instruction permit issued by the
10Secretary of State, the Secretary may require the applicant to
11utilize the same residence address and name on the
12identification card, driver's license, and instruction permit
13records maintained by the Secretary. The Secretary may
14promulgate rules to implement this provision.
15    (a-10) If the applicant is a judicial officer as defined in
16Section 1-10 of the Judicial Privacy Act or a peace officer,
17the applicant may elect to have his or her office or work
18address listed on the card instead of the applicant's residence
19or mailing address. The Secretary may promulgate rules to
20implement this provision. For the purposes of this subsection
21(a-10), "peace officer" means any person who by virtue of his
22or her office or public employment is vested by law with a duty
23to maintain public order or to make arrests for a violation of
24any penal statute of this State, whether that duty extends to
25all violations or is limited to specific violations.
26    (a-15) The Secretary of State may provide for an expedited

 

 

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1process for the issuance of an Illinois Identification Card.
2The Secretary shall charge an additional fee for the expedited
3issuance of an Illinois Identification Card, to be set by rule,
4not to exceed $75. All fees collected by the Secretary for
5expedited Illinois Identification Card service shall be
6deposited into the Secretary of State Special Services Fund.
7The Secretary may adopt rules regarding the eligibility,
8process, and fee for an expedited Illinois Identification Card.
9If the Secretary of State determines that the volume of
10expedited identification card requests received on a given day
11exceeds the ability of the Secretary to process those requests
12in an expedited manner, the Secretary may decline to provide
13expedited services, and the additional fee for the expedited
14service shall be refunded to the applicant.
15    (a-20) The Secretary of State shall issue a standard
16Illinois Identification Card to a committed person upon release
17on parole, mandatory supervised release, aftercare release,
18final discharge, or pardon from the Department of Corrections
19or Department of Juvenile Justice, if the released person
20presents a certified copy of his or her birth certificate,
21social security card or other documents authorized by the
22Secretary, and 2 documents proving his or her Illinois
23residence address. Documents proving residence address may
24include any official document of the Department of Corrections
25or the Department of Juvenile Justice showing the released
26person's address after release and a Secretary of State

 

 

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1prescribed certificate of residency form, which may be executed
2by Department of Corrections or Department of Juvenile Justice
3personnel.
4    (a-25) The Secretary of State shall issue a limited-term
5Illinois Identification Card valid for 90 days to a committed
6person upon release on parole, mandatory supervised release,
7aftercare release, final discharge, or pardon from the
8Department of Corrections or Department of Juvenile Justice, if
9the released person is unable to present a certified copy of
10his or her birth certificate and social security card or other
11documents authorized by the Secretary, but does present a
12Secretary of State prescribed verification form completed by
13the Department of Corrections or Department of Juvenile
14Justice, verifying the released person's date of birth and
15social security number and 2 documents proving his or her
16Illinois residence address. The verification form must have
17been completed no more than 30 days prior to the date of
18application for the Illinois Identification Card. Documents
19proving residence address shall include any official document
20of the Department of Corrections or the Department of Juvenile
21Justice showing the person's address after release and a
22Secretary of State prescribed certificate of residency, which
23may be executed by Department of Corrections or Department of
24Juvenile Justice personnel.
25    Prior to the expiration of the 90-day period of the
26limited-term Illinois Identification Card, if the released

 

 

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1person submits to the Secretary of State a certified copy of
2his or her birth certificate and his or her social security
3card or other documents authorized by the Secretary, a standard
4Illinois Identification Card shall be issued. A limited-term
5Illinois Identification Card may not be renewed.
6    (b) The Secretary of State shall issue a special Illinois
7Identification Card, which shall be known as an Illinois Person
8with a Disability Identification Card, to any natural person
9who is a resident of the State of Illinois, who is a person
10with a disability as defined in Section 4A of this Act, who
11applies for such card, or renewal thereof. No Illinois Person
12with a Disability Identification Card shall be issued to any
13person who holds a valid foreign state identification card,
14license, or permit unless the person first surrenders to the
15Secretary of State the valid foreign state identification card,
16license, or permit. The Secretary of State shall charge no fee
17to issue such card. The card shall be prepared and supplied by
18the Secretary of State, and shall include a photograph and
19signature or mark of the applicant, a designation indicating
20that the card is an Illinois Person with a Disability
21Identification Card, and shall include a comprehensible
22designation of the type and classification of the applicant's
23disability as set out in Section 4A of this Act. However, the
24Secretary of State may provide by rule for the issuance of
25Illinois Person with a Disability Identification Cards without
26photographs if the applicant has a bona fide religious

 

 

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1objection to being photographed or to the display of his or her
2photograph. If the applicant so requests, the card shall
3include a description of the applicant's disability and any
4information about the applicant's disability or medical
5history which the Secretary determines would be helpful to the
6applicant in securing emergency medical care. If a mark is used
7in lieu of a signature, such mark shall be affixed to the card
8in the presence of two witnesses who attest to the authenticity
9of the mark. The Illinois Person with a Disability
10Identification Card may be used for identification purposes in
11any lawful situation by the person to whom it was issued.
12    The Illinois Person with a Disability Identification Card
13may be used as adequate documentation of disability in lieu of
14a physician's determination of disability, a determination of
15disability from a physician assistant, a determination of
16disability from an advanced practice registered nurse, or any
17other documentation of disability whenever any State law
18requires that a person with a disability provide such
19documentation of disability, however an Illinois Person with a
20Disability Identification Card shall not qualify the
21cardholder to participate in any program or to receive any
22benefit which is not available to all persons with like
23disabilities. Notwithstanding any other provisions of law, an
24Illinois Person with a Disability Identification Card, or
25evidence that the Secretary of State has issued an Illinois
26Person with a Disability Identification Card, shall not be used

 

 

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1by any person other than the person named on such card to prove
2that the person named on such card is a person with a
3disability or for any other purpose unless the card is used for
4the benefit of the person named on such card, and the person
5named on such card consents to such use at the time the card is
6so used.
7    An optometrist's determination of a visual disability
8under Section 4A of this Act is acceptable as documentation for
9the purpose of issuing an Illinois Person with a Disability
10Identification Card.
11    When medical information is contained on an Illinois Person
12with a Disability Identification Card, the Office of the
13Secretary of State shall not be liable for any actions taken
14based upon that medical information.
15    (c) The Secretary of State shall provide that each original
16or renewal Illinois Identification Card or Illinois Person with
17a Disability Identification Card issued to a person under the
18age of 21 shall be of a distinct nature from those Illinois
19Identification Cards or Illinois Person with a Disability
20Identification Cards issued to individuals 21 years of age or
21older. The color designated for Illinois Identification Cards
22or Illinois Person with a Disability Identification Cards for
23persons under the age of 21 shall be at the discretion of the
24Secretary of State.
25    (c-1) Each original or renewal Illinois Identification
26Card or Illinois Person with a Disability Identification Card

 

 

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1issued to a person under the age of 21 shall display the date
2upon which the person becomes 18 years of age and the date upon
3which the person becomes 21 years of age.
4    (c-3) The General Assembly recognizes the need to identify
5military veterans living in this State for the purpose of
6ensuring that they receive all of the services and benefits to
7which they are legally entitled, including healthcare,
8education assistance, and job placement. To assist the State in
9identifying these veterans and delivering these vital services
10and benefits, the Secretary of State is authorized to issue
11Illinois Identification Cards and Illinois Person with a
12Disability Identification Cards with the word "veteran"
13appearing on the face of the cards. This authorization is
14predicated on the unique status of veterans. The Secretary may
15not issue any other identification card which identifies an
16occupation, status, affiliation, hobby, or other unique
17characteristics of the identification card holder which is
18unrelated to the purpose of the identification card.
19    (c-5) Beginning on or before July 1, 2015, the Secretary of
20State shall designate a space on each original or renewal
21identification card where, at the request of the applicant, the
22word "veteran" shall be placed. The veteran designation shall
23be available to a person identified as a veteran under
24subsection (b) of Section 5 of this Act who was discharged or
25separated under honorable conditions.
26    (d) The Secretary of State may issue a Senior Citizen

 

 

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1discount card, to any natural person who is a resident of the
2State of Illinois who is 60 years of age or older and who
3applies for such a card or renewal thereof. The Secretary of
4State shall charge no fee to issue such card. The card shall be
5issued in every county and applications shall be made available
6at, but not limited to, nutrition sites, senior citizen centers
7and Area Agencies on Aging. The applicant, upon receipt of such
8card and prior to its use for any purpose, shall have affixed
9thereon in the space provided therefor his signature or mark.
10    (e) The Secretary of State, in his or her discretion, may
11designate on each Illinois Identification Card or Illinois
12Person with a Disability Identification Card a space where the
13card holder may place a sticker or decal, issued by the
14Secretary of State, of uniform size as the Secretary may
15specify, that shall indicate in appropriate language that the
16card holder has renewed his or her Illinois Identification Card
17or Illinois Person with a Disability Identification Card.
18(Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15;
1999-305, eff. 1-1-16; 99-642, eff. 7-28-16; 99-907, eff. 7-1-17;
20100-513, eff. 1-1-18.)
 
21    (Text of Section after amendment by P.A. 100-717)
22    Sec. 4. Identification card.
23    (a) The Secretary of State shall issue a standard Illinois
24Identification Card to any natural person who is a resident of
25the State of Illinois who applies for such card, or renewal

 

 

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1thereof. No identification card shall be issued to any person
2who holds a valid foreign state identification card, license,
3or permit unless the person first surrenders to the Secretary
4of State the valid foreign state identification card, license,
5or permit. The card shall be prepared and supplied by the
6Secretary of State and shall include a photograph and signature
7or mark of the applicant. However, the Secretary of State may
8provide by rule for the issuance of Illinois Identification
9Cards without photographs if the applicant has a bona fide
10religious objection to being photographed or to the display of
11his or her photograph. The Illinois Identification Card may be
12used for identification purposes in any lawful situation only
13by the person to whom it was issued. As used in this Act,
14"photograph" means any color photograph or digitally produced
15and captured image of an applicant for an identification card.
16As used in this Act, "signature" means the name of a person as
17written by that person and captured in a manner acceptable to
18the Secretary of State.
19    (a-5) If an applicant for an identification card has a
20current driver's license or instruction permit issued by the
21Secretary of State, the Secretary may require the applicant to
22utilize the same residence address and name on the
23identification card, driver's license, and instruction permit
24records maintained by the Secretary. The Secretary may
25promulgate rules to implement this provision.
26    (a-10) If the applicant is a judicial officer as defined in

 

 

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1Section 1-10 of the Judicial Privacy Act or a peace officer,
2the applicant may elect to have his or her office or work
3address listed on the card instead of the applicant's residence
4or mailing address. The Secretary may promulgate rules to
5implement this provision. For the purposes of this subsection
6(a-10), "peace officer" means any person who by virtue of his
7or her office or public employment is vested by law with a duty
8to maintain public order or to make arrests for a violation of
9any penal statute of this State, whether that duty extends to
10all violations or is limited to specific violations.
11    (a-15) The Secretary of State may provide for an expedited
12process for the issuance of an Illinois Identification Card.
13The Secretary shall charge an additional fee for the expedited
14issuance of an Illinois Identification Card, to be set by rule,
15not to exceed $75. All fees collected by the Secretary for
16expedited Illinois Identification Card service shall be
17deposited into the Secretary of State Special Services Fund.
18The Secretary may adopt rules regarding the eligibility,
19process, and fee for an expedited Illinois Identification Card.
20If the Secretary of State determines that the volume of
21expedited identification card requests received on a given day
22exceeds the ability of the Secretary to process those requests
23in an expedited manner, the Secretary may decline to provide
24expedited services, and the additional fee for the expedited
25service shall be refunded to the applicant.
26    (a-20) The Secretary of State shall issue a standard

 

 

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1Illinois Identification Card to a committed person upon release
2on parole, mandatory supervised release, aftercare release,
3final discharge, or pardon from the Department of Corrections
4or Department of Juvenile Justice, if the released person
5presents a certified copy of his or her birth certificate,
6social security card or other documents authorized by the
7Secretary, and 2 documents proving his or her Illinois
8residence address. Documents proving residence address may
9include any official document of the Department of Corrections
10or the Department of Juvenile Justice showing the released
11person's address after release and a Secretary of State
12prescribed certificate of residency form, which may be executed
13by Department of Corrections or Department of Juvenile Justice
14personnel.
15    (a-25) The Secretary of State shall issue a limited-term
16Illinois Identification Card valid for 90 days to a committed
17person upon release on parole, mandatory supervised release,
18aftercare release, final discharge, or pardon from the
19Department of Corrections or Department of Juvenile Justice, if
20the released person is unable to present a certified copy of
21his or her birth certificate and social security card or other
22documents authorized by the Secretary, but does present a
23Secretary of State prescribed verification form completed by
24the Department of Corrections or Department of Juvenile
25Justice, verifying the released person's date of birth and
26social security number and 2 documents proving his or her

 

 

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1Illinois residence address. The verification form must have
2been completed no more than 30 days prior to the date of
3application for the Illinois Identification Card. Documents
4proving residence address shall include any official document
5of the Department of Corrections or the Department of Juvenile
6Justice showing the person's address after release and a
7Secretary of State prescribed certificate of residency, which
8may be executed by Department of Corrections or Department of
9Juvenile Justice personnel.
10    Prior to the expiration of the 90-day period of the
11limited-term Illinois Identification Card, if the released
12person submits to the Secretary of State a certified copy of
13his or her birth certificate and his or her social security
14card or other documents authorized by the Secretary, a standard
15Illinois Identification Card shall be issued. A limited-term
16Illinois Identification Card may not be renewed.
17    (a-26) The Secretary of State shall track and issue an
18annual report to the Governor, Attorney General, and General
19Assembly detailing the number of permanent Illinois
20Identification Cards issued by the Secretary of State to
21persons presenting verification forms issued by the Department
22of Juvenile Justice and Department of Corrections. The report
23shall include comparable data from the previous calendar year
24and shall reflect any increases or decreases. The Secretary of
25State shall publish the report on the Secretary of State's
26website.

 

 

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1    (a-30) The Secretary of State shall issue a standard
2Illinois Identification Card to a person upon conditional
3release or absolute discharge from the custody of the
4Department of Human Services, if the person presents a
5certified copy of his or her birth certificate, social security
6card, or other documents authorized by the Secretary, and a
7document proving his or her Illinois residence address. The
8Secretary of State shall issue a standard Illinois
9Identification Card to a person no sooner than 14 days prior to
10his or her conditional release or absolute discharge if
11personnel from the Department of Human Services bring the
12person to a Secretary of State location with the required
13documents. Documents proving residence address may include any
14official document of the Department of Human Services showing
15the person's address after release and a Secretary of State
16prescribed verification form, which may be executed by
17personnel of the Department of Human Services.
18    (a-35) The Secretary of State shall issue a limited-term
19Illinois Identification Card valid for 90 days to a person upon
20conditional release or absolute discharge from the custody of
21the Department of Human Services, if the person is unable to
22present a certified copy of his or her birth certificate and
23social security card or other documents authorized by the
24Secretary, but does present a Secretary of State prescribed
25verification form completed by the Department of Human
26Services, verifying the person's date of birth and social

 

 

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1security number, and a document proving his or her Illinois
2residence address. The verification form must have been
3completed no more than 30 days prior to the date of application
4for the Illinois Identification Card. The Secretary of State
5shall issue a limited-term Illinois Identification Card to a
6person no sooner than 14 days prior to his or her conditional
7release or absolute discharge if personnel from the Department
8of Human Services bring the person to a Secretary of State
9location with the required documents. Documents proving
10residence address shall include any official document of the
11Department of Human Services showing the person's address after
12release and a Secretary of State prescribed verification form,
13which may be executed by personnel of the Department of Human
14Services.
15    (b) The Secretary of State shall issue a special Illinois
16Identification Card, which shall be known as an Illinois Person
17with a Disability Identification Card, to any natural person
18who is a resident of the State of Illinois, who is a person
19with a disability as defined in Section 4A of this Act, who
20applies for such card, or renewal thereof. No Illinois Person
21with a Disability Identification Card shall be issued to any
22person who holds a valid foreign state identification card,
23license, or permit unless the person first surrenders to the
24Secretary of State the valid foreign state identification card,
25license, or permit. The Secretary of State shall charge no fee
26to issue such card. The card shall be prepared and supplied by

 

 

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1the Secretary of State, and shall include a photograph and
2signature or mark of the applicant, a designation indicating
3that the card is an Illinois Person with a Disability
4Identification Card, and shall include a comprehensible
5designation of the type and classification of the applicant's
6disability as set out in Section 4A of this Act. However, the
7Secretary of State may provide by rule for the issuance of
8Illinois Person with a Disability Identification Cards without
9photographs if the applicant has a bona fide religious
10objection to being photographed or to the display of his or her
11photograph. If the applicant so requests, the card shall
12include a description of the applicant's disability and any
13information about the applicant's disability or medical
14history which the Secretary determines would be helpful to the
15applicant in securing emergency medical care. If a mark is used
16in lieu of a signature, such mark shall be affixed to the card
17in the presence of two witnesses who attest to the authenticity
18of the mark. The Illinois Person with a Disability
19Identification Card may be used for identification purposes in
20any lawful situation by the person to whom it was issued.
21    The Illinois Person with a Disability Identification Card
22may be used as adequate documentation of disability in lieu of
23a physician's determination of disability, a determination of
24disability from a physician assistant, a determination of
25disability from an advanced practice registered nurse, or any
26other documentation of disability whenever any State law

 

 

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1requires that a person with a disability provide such
2documentation of disability, however an Illinois Person with a
3Disability Identification Card shall not qualify the
4cardholder to participate in any program or to receive any
5benefit which is not available to all persons with like
6disabilities. Notwithstanding any other provisions of law, an
7Illinois Person with a Disability Identification Card, or
8evidence that the Secretary of State has issued an Illinois
9Person with a Disability Identification Card, shall not be used
10by any person other than the person named on such card to prove
11that the person named on such card is a person with a
12disability or for any other purpose unless the card is used for
13the benefit of the person named on such card, and the person
14named on such card consents to such use at the time the card is
15so used.
16    An optometrist's determination of a visual disability
17under Section 4A of this Act is acceptable as documentation for
18the purpose of issuing an Illinois Person with a Disability
19Identification Card.
20    When medical information is contained on an Illinois Person
21with a Disability Identification Card, the Office of the
22Secretary of State shall not be liable for any actions taken
23based upon that medical information.
24    (c) The Secretary of State shall provide that each original
25or renewal Illinois Identification Card or Illinois Person with
26a Disability Identification Card issued to a person under the

 

 

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1age of 21 shall be of a distinct nature from those Illinois
2Identification Cards or Illinois Person with a Disability
3Identification Cards issued to individuals 21 years of age or
4older. The color designated for Illinois Identification Cards
5or Illinois Person with a Disability Identification Cards for
6persons under the age of 21 shall be at the discretion of the
7Secretary of State.
8    (c-1) Each original or renewal Illinois Identification
9Card or Illinois Person with a Disability Identification Card
10issued to a person under the age of 21 shall display the date
11upon which the person becomes 18 years of age and the date upon
12which the person becomes 21 years of age.
13    (c-3) The General Assembly recognizes the need to identify
14military veterans living in this State for the purpose of
15ensuring that they receive all of the services and benefits to
16which they are legally entitled, including healthcare,
17education assistance, and job placement. To assist the State in
18identifying these veterans and delivering these vital services
19and benefits, the Secretary of State is authorized to issue
20Illinois Identification Cards and Illinois Person with a
21Disability Identification Cards with the word "veteran"
22appearing on the face of the cards. This authorization is
23predicated on the unique status of veterans. The Secretary may
24not issue any other identification card which identifies an
25occupation, status, affiliation, hobby, or other unique
26characteristics of the identification card holder which is

 

 

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1unrelated to the purpose of the identification card.
2    (c-5) Beginning on or before July 1, 2015, the Secretary of
3State shall designate a space on each original or renewal
4identification card where, at the request of the applicant, the
5word "veteran" shall be placed. The veteran designation shall
6be available to a person identified as a veteran under
7subsection (b) of Section 5 of this Act who was discharged or
8separated under honorable conditions.
9    (d) The Secretary of State may issue a Senior Citizen
10discount card, to any natural person who is a resident of the
11State of Illinois who is 60 years of age or older and who
12applies for such a card or renewal thereof. The Secretary of
13State shall charge no fee to issue such card. The card shall be
14issued in every county and applications shall be made available
15at, but not limited to, nutrition sites, senior citizen centers
16and Area Agencies on Aging. The applicant, upon receipt of such
17card and prior to its use for any purpose, shall have affixed
18thereon in the space provided therefor his signature or mark.
19    (e) The Secretary of State, in his or her discretion, may
20designate on each Illinois Identification Card or Illinois
21Person with a Disability Identification Card a space where the
22card holder may place a sticker or decal, issued by the
23Secretary of State, of uniform size as the Secretary may
24specify, that shall indicate in appropriate language that the
25card holder has renewed his or her Illinois Identification Card
26or Illinois Person with a Disability Identification Card.

 

 

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1(Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15;
299-305, eff. 1-1-16; 99-642, eff. 7-28-16; 99-907, eff. 7-1-17;
3100-513, eff. 1-1-18; 100-717, eff. 7-1-19.)
 
4    Section 110. The Unified Code of Corrections is amended by
5changing Sections 3-2.5-75, 3-14-1, and 3-15-2 as follows:
 
6    (730 ILCS 5/3-2.5-75)
7    Sec. 3-2.5-75. Release from Department of Juvenile
8Justice.
9    (a) Upon release of a youth on aftercare, the Department
10shall return all property held for the youth, provide the youth
11with suitable clothing, and procure necessary transportation
12for the youth to his or her designated place of residence and
13employment. It may provide the youth with a grant of money for
14travel and expenses which may be paid in installments. The
15amount of the money grant shall be determined by the
16Department.
17    (b) Before a wrongfully imprisoned person, as defined in
18Section 3-1-2 of this Code, is discharged from the Department,
19the Department shall provide him or her with any documents
20necessary after discharge.
21    (c) The Department of Juvenile Justice may establish and
22maintain, in any institution it administers, revolving funds to
23be known as "Travel and Allowances Revolving Funds". These
24revolving funds shall be used for advancing travel and expense

 

 

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1allowances to committed, released, and discharged youth. The
2moneys paid into these revolving funds shall be from
3appropriations to the Department for committed, released, and
4discharged prisoners.
5    (d) Upon the release of a youth on aftercare, the
6Department shall provide that youth with information
7concerning programs and services of the Department of Public
8Health to ascertain whether that youth has been exposed to the
9human immunodeficiency virus (HIV) or any identified causative
10agent of Acquired Immunodeficiency Syndrome (AIDS).
11    (e) Upon the release of a youth on aftercare or who has
12been wrongfully imprisoned, the Department shall verify the
13youth's full name, date of birth, and social security number.
14If verification is made by the Department by obtaining a
15certified copy of the youth's birth certificate and the youth's
16social security card or other documents authorized by the
17Secretary, the Department shall provide the birth certificate
18and social security card or other documents authorized by the
19Secretary to the youth. If verification is done by means other
20than obtaining a certified copy of the youth's birth
21certificate and the youth's social security card or other
22documents authorized by the Secretary, the Department shall
23complete a verification form, prescribed by the Secretary of
24State and shall provide that verification form to the youth.
25    (f) In order to determine how many persons released from
26incarceration in the Department of Juvenile Justice obtained

 

 

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1permanent Illinois Identification Cards, the Department of
2Juvenile Justice shall track and issue an annual report to the
3Governor, Attorney General, and General Assembly detailing the
4number of birth certificates obtained for persons while in its
5custody, the number of social security cards obtained for
6persons while in its custody, and the number of verification
7forms issued to persons in its custody within 30 days of a
8person's release from custody. The report shall include
9comparable data from the previous calendar year and shall
10reflect any increases or decreases. The Department of Juvenile
11Justice shall publish the reports on its website.
12(Source: P.A. 98-558, eff. 1-1-14; 98-685, eff. 1-1-15; 99-907,
13eff. 7-1-17.)
 
14    (730 ILCS 5/3-14-1)  (from Ch. 38, par. 1003-14-1)
15    Sec. 3-14-1. Release from the institution.
16    (a) Upon release of a person on parole, mandatory release,
17final discharge or pardon the Department shall return all
18property held for him, provide him with suitable clothing and
19procure necessary transportation for him to his designated
20place of residence and employment. It may provide such person
21with a grant of money for travel and expenses which may be paid
22in installments. The amount of the money grant shall be
23determined by the Department.
24    (a-1) The Department shall, before a wrongfully imprisoned
25person, as defined in Section 3-1-2 of this Code, is discharged

 

 

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1from the Department, provide him or her with any documents
2necessary after discharge.
3    (a-2) The Department of Corrections may establish and
4maintain, in any institution it administers, revolving funds to
5be known as "Travel and Allowances Revolving Funds". These
6revolving funds shall be used for advancing travel and expense
7allowances to committed, paroled, and discharged prisoners.
8The moneys paid into such revolving funds shall be from
9appropriations to the Department for Committed, Paroled, and
10Discharged Prisoners.
11    (b) (Blank).
12    (c) Except as otherwise provided in this Code, the
13Department shall establish procedures to provide written
14notification of any release of any person who has been
15convicted of a felony to the State's Attorney and sheriff of
16the county from which the offender was committed, and the
17State's Attorney and sheriff of the county into which the
18offender is to be paroled or released. Except as otherwise
19provided in this Code, the Department shall establish
20procedures to provide written notification to the proper law
21enforcement agency for any municipality of any release of any
22person who has been convicted of a felony if the arrest of the
23offender or the commission of the offense took place in the
24municipality, if the offender is to be paroled or released into
25the municipality, or if the offender resided in the
26municipality at the time of the commission of the offense. If a

 

 

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1person convicted of a felony who is in the custody of the
2Department of Corrections or on parole or mandatory supervised
3release informs the Department that he or she has resided,
4resides, or will reside at an address that is a housing
5facility owned, managed, operated, or leased by a public
6housing agency, the Department must send written notification
7of that information to the public housing agency that owns,
8manages, operates, or leases the housing facility. The written
9notification shall, when possible, be given at least 14 days
10before release of the person from custody, or as soon
11thereafter as possible. The written notification shall be
12provided electronically if the State's Attorney, sheriff,
13proper law enforcement agency, or public housing agency has
14provided the Department with an accurate and up to date email
15address.
16    (c-1) (Blank).
17    (c-2) The Department shall establish procedures to provide
18notice to the Department of State Police of the release or
19discharge of persons convicted of violations of the
20Methamphetamine Control and Community Protection Act or a
21violation of the Methamphetamine Precursor Control Act. The
22Department of State Police shall make this information
23available to local, State, or federal law enforcement agencies
24upon request.
25    (c-5) If a person on parole or mandatory supervised release
26becomes a resident of a facility licensed or regulated by the

 

 

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1Department of Public Health, the Illinois Department of Public
2Aid, or the Illinois Department of Human Services, the
3Department of Corrections shall provide copies of the following
4information to the appropriate licensing or regulating
5Department and the licensed or regulated facility where the
6person becomes a resident:
7        (1) The mittimus and any pre-sentence investigation
8    reports.
9        (2) The social evaluation prepared pursuant to Section
10    3-8-2.
11        (3) Any pre-release evaluation conducted pursuant to
12    subsection (j) of Section 3-6-2.
13        (4) Reports of disciplinary infractions and
14    dispositions.
15        (5) Any parole plan, including orders issued by the
16    Prisoner Review Board, and any violation reports and
17    dispositions.
18        (6) The name and contact information for the assigned
19    parole agent and parole supervisor.
20    This information shall be provided within 3 days of the
21person becoming a resident of the facility.
22    (c-10) If a person on parole or mandatory supervised
23release becomes a resident of a facility licensed or regulated
24by the Department of Public Health, the Illinois Department of
25Public Aid, or the Illinois Department of Human Services, the
26Department of Corrections shall provide written notification

 

 

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1of such residence to the following:
2        (1) The Prisoner Review Board.
3        (2) The chief of police and sheriff in the municipality
4    and county in which the licensed facility is located.
5    The notification shall be provided within 3 days of the
6person becoming a resident of the facility.
7    (d) Upon the release of a committed person on parole,
8mandatory supervised release, final discharge or pardon, the
9Department shall provide such person with information
10concerning programs and services of the Illinois Department of
11Public Health to ascertain whether such person has been exposed
12to the human immunodeficiency virus (HIV) or any identified
13causative agent of Acquired Immunodeficiency Syndrome (AIDS).
14    (e) Upon the release of a committed person on parole,
15mandatory supervised release, final discharge, pardon, or who
16has been wrongfully imprisoned, the Department shall verify the
17released person's full name, date of birth, and social security
18number. If verification is made by the Department by obtaining
19a certified copy of the released person's birth certificate and
20the released person's social security card or other documents
21authorized by the Secretary, the Department shall provide the
22birth certificate and social security card or other documents
23authorized by the Secretary to the released person. If
24verification by the Department is done by means other than
25obtaining a certified copy of the released person's birth
26certificate and the released person's social security card or

 

 

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1other documents authorized by the Secretary, the Department
2shall complete a verification form, prescribed by the Secretary
3of State, and shall provide that verification form to the
4released person.
5    (f) Forty-five days prior to the scheduled discharge of a
6person committed to the custody of the Department of
7Corrections, the Department shall give the person who is
8otherwise uninsured an opportunity to apply for health care
9coverage including medical assistance under Article V of the
10Illinois Public Aid Code in accordance with subsection (b) of
11Section 1-8.5 of the Illinois Public Aid Code, and the
12Department of Corrections shall provide assistance with
13completion of the application for health care coverage
14including medical assistance. The Department may adopt rules to
15implement this Section.
16    (g) In order to determine how many persons released from
17incarceration in the Department obtained permanent Illinois
18Identification Cards, the Department shall track and issue an
19annual report to the Governor, Attorney General, and General
20Assembly detailing the number of birth certificates obtained
21for persons while in its custody, the number of social security
22cards obtained for persons while in its custody, and the number
23of verification forms issued to persons in its custody within
2430 days of a person's release from custody. The report shall
25include comparable data from the previous calendar year and
26shall reflect any increases or decreases. The Department shall

 

 

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1publish the reports on its website.
2(Source: P.A. 98-267, eff. 1-1-14; 99-415, eff. 8-20-15;
399-907, eff. 7-1-17.)
 
4    (730 ILCS 5/3-15-2)  (from Ch. 38, par. 1003-15-2)
5    Sec. 3-15-2. Standards and Assistance to Local Jails and
6Detention and Shelter Care Facilities.
7    (a) The Department of Corrections shall establish for the
8operation of county and municipal jails and houses of
9correction, minimum standards for the physical condition of
10such institutions and for the treatment of inmates with respect
11to their health and safety and the security of the community.
12    The Department of Juvenile Justice shall establish for the
13operation of county juvenile detention and shelter care
14facilities established pursuant to the County Shelter Care and
15Detention Home Act, minimum standards for the physical
16condition of such institutions and for the treatment of
17juveniles with respect to their health and safety and the
18security of the community.
19    Such standards shall not apply to county shelter care
20facilities which were in operation prior to January 1, 1980.
21Such standards shall not seek to mandate minimum floor space
22requirements for each inmate housed in cells and detention
23rooms in county and municipal jails and houses of correction.
24However, no more than two inmates may be housed in a single
25cell or detention room.

 

 

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1    When an inmate is tested for an airborne communicable
2disease, as determined by the Illinois Department of Public
3Health including but not limited to tuberculosis, the results
4of the test shall be personally delivered by the warden or his
5or her designee in a sealed envelope to the judge of the court
6in which the inmate must appear for the judge's inspection in
7camera if requested by the judge. Acting in accordance with the
8best interests of those in the courtroom, the judge shall have
9the discretion to determine what if any precautions need to be
10taken to prevent transmission of the disease in the courtroom.
11    (b) At least once each year, the Department of Corrections
12may inspect each adult facility for compliance with the
13standards established and the results of such inspection shall
14be made available by the Department for public inspection. At
15least once each year, the Department of Juvenile Justice shall
16inspect each county juvenile detention and shelter care
17facility for compliance with the standards established, and the
18Department of Juvenile Justice shall make the results of such
19inspections available for public inspection. If any detention,
20shelter care or correctional facility does not comply with the
21standards established, the Director of Corrections or the
22Director of Juvenile Justice, as the case may be, shall give
23notice to the county board and the sheriff or the corporate
24authorities of the municipality, as the case may be, of such
25noncompliance, specifying the particular standards that have
26not been met by such facility. If the facility is not in

 

 

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1compliance with such standards when six months have elapsed
2from the giving of such notice, the Director of Corrections or
3the Director of Juvenile Justice, as the case may be, may
4petition the appropriate court for an order requiring such
5facility to comply with the standards established by the
6Department or for other appropriate relief.
7    (c) The Department of Corrections may provide consultation
8services for the design, construction, programs and
9administration of correctional facilities and services for
10adults operated by counties and municipalities and may make
11studies and surveys of the programs and the administration of
12such facilities. Personnel of the Department shall be admitted
13to these facilities as required for such purposes. The
14Department may develop and administer programs of
15grants-in-aid for correctional services in cooperation with
16local agencies. The Department may provide courses of training
17for the personnel of such institutions and conduct pilot
18projects in the institutions.
19    (c-5) The Department of Juvenile Justice may provide
20consultation services for the design, construction, programs,
21and administration of detention and shelter care services for
22children operated by counties and municipalities and may make
23studies and surveys of the programs and the administration of
24such facilities. Personnel of the Department of Juvenile
25Justice shall be admitted to these facilities as required for
26such purposes. The Department of Juvenile Justice may develop

 

 

10100HB3090ham002- 36 -LRB101 08266 RLC 59066 a

1and administer programs of grants-in-aid for juvenile
2correctional services in cooperation with local agencies. The
3Department of Juvenile Justice may provide courses of training
4for the personnel of such institutions and conduct pilot
5projects in the institutions.
6    (d) The Department is authorized to issue reimbursement
7grants for counties, municipalities or public building
8commissions for the purpose of meeting minimum correctional
9facilities standards set by the Department under this Section.
10Grants may be issued only for projects that were completed
11after July 1, 1980 and initiated prior to January 1, 1987.
12        (1) Grants for regional correctional facilities shall
13    not exceed 90% of the project costs or $7,000,000,
14    whichever is less.
15        (2) Grants for correctional facilities by a single
16    county, municipality or public building commission shall
17    not exceed 75% of the proposed project costs or $4,000,000,
18    whichever is less.
19        (3) As used in this subsection (d), "project" means
20    only that part of a facility that is constructed for jail,
21    correctional or detention purposes and does not include
22    other areas of multi-purpose buildings.
23    Construction or renovation grants are authorized to be
24issued by the Capital Development Board from capital
25development bond funds after application by a county or
26counties, municipality or municipalities or public building

 

 

10100HB3090ham002- 37 -LRB101 08266 RLC 59066 a

1commission or commissions and approval of a construction or
2renovation grant by the Department for projects initiated after
3January 1, 1987.
4    (e) The Department of Corrections shall adopt standards for
5county jails to hold juveniles on a temporary basis, as
6provided in Section 5-410 of the Juvenile Court Act of 1987.
7These standards shall include monitoring, educational,
8recreational, and disciplinary standards as well as access to
9medical services, crisis intervention, mental health services,
10suicide prevention, health care, nutritional needs, and
11visitation rights. The Department of Corrections shall also
12notify any county applying to hold juveniles in a county jail
13of the standards for juvenile detention under Section 5-410 of
14the Juvenile Court Act of 1987.
15    (f) The report of a death of a person to the Illinois
16Criminal Justice Information Authority under the Reporting of
17Deaths in Custody Act that occurs while the person is in the
18custody of a county juvenile detention or shelter care facility
19shall be transmitted to the Department of Juvenile Justice. The
20report of a death of a person under the Reporting of Deaths in
21Custody Act that occurs while the person is in the custody of a
22county or municipal jail or house of correction shall be
23transmitted to the Department of Corrections. The report of
24those deaths as provided in this subsection (f) shall be the
25only report of those deaths that is required to be reported by
26the Department of Corrections and the Department of Juvenile

 

 

10100HB3090ham002- 38 -LRB101 08266 RLC 59066 a

1Justice to the Illinois Criminal Justice Information
2Authority.
3(Source: P.A. 98-685, eff. 1-1-15.)
 
4    Section 995. No acceleration or delay. Where this Act makes
5changes in a statute that is represented in this Act by text
6that is not yet or no longer in effect (for example, a Section
7represented by multiple versions), the use of that text does
8not accelerate or delay the taking effect of (i) the changes
9made by this Act or (ii) provisions derived from any other
10Public Act.".