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Full Text of SB1339  97th General Assembly

SB1339 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1339

 

Introduced 2/8/2011, by Sen. Kirk W. Dillard

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-14-1  from Ch. 38, par. 1003-14-1

    Amends the Unified Code of Corrections. Provides that the Department of Corrections shall, by January 1, 2012, establish uniform procedures by which interested parties, including victims, law enforcement, prosecutors, and the Prisoner Review Board, may be notified of, and comment upon, the projected early release of an inmate because of an award of good conduct credit for meritorious service. Provides that these rules and regulations must provide that comments be submitted in writing or electronically. Provides that upon promulgation of these rules and regulations, the Department of Corrections may consider and shall include in the inmate's record any comments submitted by interested parties. Effective immediately.


LRB097 07079 RLC 47172 b

 

 

A BILL FOR

 

SB1339LRB097 07079 RLC 47172 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 3-14-1 as follows:
 
6    (730 ILCS 5/3-14-1)  (from Ch. 38, par. 1003-14-1)
7    Sec. 3-14-1. Release from the Institution.
8    (a) Upon release of a person on parole, mandatory release,
9final discharge or pardon the Department shall return all
10property held for him, provide him with suitable clothing and
11procure necessary transportation for him to his designated
12place of residence and employment. It may provide such person
13with a grant of money for travel and expenses which may be paid
14in installments. The amount of the money grant shall be
15determined by the Department.
16    The Department of Corrections may establish and maintain,
17in any institution it administers, revolving funds to be known
18as "Travel and Allowances Revolving Funds". These revolving
19funds shall be used for advancing travel and expense allowances
20to committed, paroled, and discharged prisoners. The moneys
21paid into such revolving funds shall be from appropriations to
22the Department for Committed, Paroled, and Discharged
23Prisoners.

 

 

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1    (b) (Blank).
2    (c) Except as otherwise provided in this Code, the
3Department shall establish procedures to provide written
4notification of any release of any person who has been
5convicted of a felony to the State's Attorney and sheriff of
6the county from which the offender was committed, and the
7State's Attorney and sheriff of the county into which the
8offender is to be paroled or released. Except as otherwise
9provided in this Code, the Department shall establish
10procedures to provide written notification to the proper law
11enforcement agency for any municipality of any release of any
12person who has been convicted of a felony if the arrest of the
13offender or the commission of the offense took place in the
14municipality, if the offender is to be paroled or released into
15the municipality, or if the offender resided in the
16municipality at the time of the commission of the offense. If a
17person convicted of a felony who is in the custody of the
18Department of Corrections or on parole or mandatory supervised
19release informs the Department that he or she has resided,
20resides, or will reside at an address that is a housing
21facility owned, managed, operated, or leased by a public
22housing agency, the Department must send written notification
23of that information to the public housing agency that owns,
24manages, operates, or leases the housing facility. The written
25notification shall, when possible, be given at least 14 days
26before release of the person from custody, or as soon

 

 

SB1339- 3 -LRB097 07079 RLC 47172 b

1thereafter as possible.
2    (c-1) (Blank).
3    (c-2) The Department of Corrections shall, by January 1,
42012, establish uniform procedures by which interested
5parties, including victims, law enforcement, prosecutors, and
6the Prisoner Review Board, may be notified of, and comment
7upon, the projected early release of an inmate because of an
8award of good conduct credit for meritorious service under
9paragraph (3) of subsection (a) of Section 3-6-3 of this Code.
10These rules and regulations must provide that comments be
11submitted in writing or electronically. Upon promulgation of
12these rules and regulations, the Department of Corrections may
13consider and shall include in the inmate's record any comments
14submitted by interested parties.
15    (c-5) If a person on parole or mandatory supervised release
16becomes a resident of a facility licensed or regulated by the
17Department of Public Health, the Illinois Department of Public
18Aid, or the Illinois Department of Human Services, the
19Department of Corrections shall provide copies of the following
20information to the appropriate licensing or regulating
21Department and the licensed or regulated facility where the
22person becomes a resident:
23        (1) The mittimus and any pre-sentence investigation
24    reports.
25        (2) The social evaluation prepared pursuant to Section
26    3-8-2.

 

 

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1        (3) Any pre-release evaluation conducted pursuant to
2    subsection (j) of Section 3-6-2.
3        (4) Reports of disciplinary infractions and
4    dispositions.
5        (5) Any parole plan, including orders issued by the
6    Prisoner Review Board, and any violation reports and
7    dispositions.
8        (6) The name and contact information for the assigned
9    parole agent and parole supervisor.
10    This information shall be provided within 3 days of the
11person becoming a resident of the facility.
12    (c-10) If a person on parole or mandatory supervised
13release becomes a resident of a facility licensed or regulated
14by the Department of Public Health, the Illinois Department of
15Public Aid, or the Illinois Department of Human Services, the
16Department of Corrections shall provide written notification
17of such residence to the following:
18        (1) The Prisoner Review Board.
19        (2) The chief of police and sheriff in the municipality
20    and county in which the licensed facility is located.
21    The notification shall be provided within 3 days of the
22person becoming a resident of the facility.
23    (d) Upon the release of a committed person on parole,
24mandatory supervised release, final discharge or pardon, the
25Department shall provide such person with information
26concerning programs and services of the Illinois Department of

 

 

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1Public Health to ascertain whether such person has been exposed
2to the human immunodeficiency virus (HIV) or any identified
3causative agent of Acquired Immunodeficiency Syndrome (AIDS).
4    (e) Upon the release of a committed person on parole,
5mandatory supervised release, final discharge, or pardon, the
6Department shall provide the person who has met the criteria
7established by the Department with an identification card
8identifying the person as being on parole, mandatory supervised
9release, final discharge, or pardon, as the case may be. The
10Department, in consultation with the Office of the Secretary of
11State, shall prescribe the form of the identification card,
12which may be similar to the form of the standard Illinois
13Identification Card. The Department shall inform the committed
14person that he or she may present the identification card to
15the Office of the Secretary of State upon application for a
16standard Illinois Identification Card in accordance with the
17Illinois Identification Card Act. The Department shall require
18the committed person to pay a $1 fee for the identification
19card.
20    For purposes of a committed person receiving an
21identification card issued by the Department under this
22subsection, the Department shall establish criteria that the
23committed person must meet before the card is issued. It is the
24sole responsibility of the committed person requesting the
25identification card issued by the Department to meet the
26established criteria. The person's failure to meet the criteria

 

 

SB1339- 6 -LRB097 07079 RLC 47172 b

1is sufficient reason to deny the committed person the
2identification card. An identification card issued by the
3Department under this subsection shall be valid for a period of
4time not to exceed 30 calendar days from the date the card is
5issued. The Department shall not be held civilly or criminally
6liable to anyone because of any act of any person utilizing a
7card issued by the Department under this subsection.
8    The Department shall adopt rules governing the issuance of
9identification cards to committed persons being released on
10parole, mandatory supervised release, final discharge, or
11pardon.
12(Source: P.A. 94-163, eff. 7-11-05.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.