Illinois General Assembly - Full Text of HB4469
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Full Text of HB4469  100th General Assembly

HB4469 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4469

 

Introduced , by Rep. Juliana Stratton

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Election Code. Provides that each election authority shall collaborate with the county jail within the jurisdiction of the election authority to facilitate voting by mail for voters eligible to vote in the county who are confined or detained in the county jail. Provides that in a county with a population of 3,000,000 or more, the election authority in the county shall establish a temporary branch polling place in the county jail. Contains additional provisions concerning the temporary branch polling place in the county jail. Amends the Counties Code. Provides that each election authority shall collaborate with the county jail within the jurisdiction of the election authority to facilitate voter registration for voters eligible to vote in that county who are confined or detained in the county jail. Provides that a county jail shall provide a voter registration application to any person in custody at the jail who requests an application and is eligible to vote. Amends the Unified Code of Corrections. Provides that upon release of a person who is eligible to vote, the Department of Corrections shall provide the person with a specified form that informs him or her that his or her voting rights have been restored. Amends the Unified Code of Corrections and Counties Code. Provides that upon discharge from a county jail or release from the Department of Corrections, a person shall be provided with a voter registration form. Provides that the Department, each county jail, and each county probation office shall provide an individual in its custody with specified information on voting rights. Makes other changes. Effective January 1, 2020.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4469LRB100 17864 MJP 33047 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by adding Sections
519-2.3 and by changing Section 19A-20 as follows:
 
6    (10 ILCS 5/19-2.3 new)
7    Sec. 19-2.3. Vote by mail; jails. Each election authority
8shall collaborate with the county jail within the jurisdiction
9of the election authority to facilitate voting by mail for
10voters eligible to vote in the county who are confined or
11detained in the county jail.
 
12    (10 ILCS 5/19A-20)
13    Sec. 19A-20. Temporary branch polling places.
14    (a) In addition to permanent polling places for early
15voting, the election authority may establish temporary branch
16polling places for early voting.
17    (b) The provisions of subsection (b) of Section 19A-15 do
18not apply to a temporary polling place. Voting at a temporary
19branch polling place may be conducted on any one or more days
20and during any hours within the period for early voting by
21personal appearance that are determined by the election
22authority.

 

 

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1    (c) The schedules for conducting voting do not need to be
2uniform among the temporary branch polling places.
3    (d) The legal rights and remedies which inure to the owner
4or lessor of private property are not impaired or otherwise
5affected by the leasing of the property for use as a temporary
6branch polling place for early voting, except to the extent
7necessary to conduct early voting at that location.
8    (e) In a county with a population of 3,000,000 or more, the
9election authority in the county shall establish a temporary
10branch polling place under this Section in the county jail.
11Only a resident of a county who is in custody at the county
12jail and who has not been convicted of the offense for which
13the resident is in custody is eligible to vote at a temporary
14branch polling place established under this subsection. The
15temporary branch polling place established under this
16subsection shall allow a voter to vote in the same elections
17that the voter would be entitled to vote in where the voter
18resides. To the maximum extent feasible, voting booths or
19screens shall be provided to ensure the privacy of the voter.
20    All provisions of this Code applicable to pollwatchers
21shall apply to a temporary branch polling place under this
22subsection, subject to approval from the election authority and
23the county jail. A county that establishes a temporary branch
24polling place inside a county jail in accordance with this
25subsection shall adhere to all requirements of this subsection.
26All requirements of the federal Voting Rights Act of 1965 shall

 

 

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1apply to this subsection.
2(Source: P.A. 94-645, eff. 8-22-05.)
 
3    Section 10. The Counties Code is amended by adding Sections
43-15003.3 and 3-15003.4 as follows:
 
5    (55 ILCS 5/3-15003.3 new)
6    Sec. 3-15003.3. Voter registration; county jails. Upon
7discharge of a person who is eligible to vote from a county
8jail, the county jail shall provide the person with a voter
9registration application. Each election authority shall
10collaborate with the county jail within the jurisdiction of the
11election authority to facilitate voter registration for voters
12eligible to vote in that county who are confined or detained in
13the county jail. A county jail shall provide a voter
14registration application to any person in custody at the jail
15who requests an application and is eligible to vote.
 
16    (55 ILCS 5/3-15003.4 new)
17    Sec. 3-15003.4. Voting rights; county jails; probation
18offices.
19    (a) Each county jail and county probation office shall make
20available current resource materials, maintained by the
21Illinois State Board of Elections, containing detailed
22information regarding the voting rights of a person with a
23criminal conviction in the following formats:

 

 

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1        (1) in print;
2        (2) on the website of each county jail and each county
3    probation office; and
4        (3) in a visible location on the premises of each
5    county jail and county probation office where notices are
6    customarily posted.
7    (b) The current resource materials described under
8subsection (a) shall be provided:
9        (1) upon discharge of a person from a county jail; and
10        (2) upon intake of a person by a county probation
11    department.
 
12    Section 15. The Unified Code of Corrections is amended by
13adding Sections 3-2-2.3 and by changing Section 3-14-1 as
14follows:
 
15    (730 ILCS 5/3-2-2.3 new)
16    Sec. 3-2-2.3. Voting rights information.
17    (a) The Department shall make available to a person in its
18custody current resource materials, maintained by the Illinois
19State Board of Elections, containing detailed information
20regarding the voting rights of a person with a criminal
21conviction in the following formats:
22        (1) in print;
23        (2) on the Department's website; and
24        (3) in a visible location on the premises of each

 

 

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1    Department facility where notices are customarily posted.
2    (b) The current resource materials described under
3subsection (a) shall be provided upon release of a person on
4parole, mandatory supervised release, final discharge, or
5pardon from the Department.
 
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    (a-1) The Department shall, before a wrongfully imprisoned
17person, as defined in Section 3-1-2 of this Code, is discharged
18from the Department, provide him or her with any documents
19necessary after discharge.
20    (a-2) The Department of Corrections may establish and
21maintain, in any institution it administers, revolving funds to
22be known as "Travel and Allowances Revolving Funds". These
23revolving funds shall be used for advancing travel and expense
24allowances to committed, paroled, and discharged prisoners.
25The moneys paid into such revolving funds shall be from

 

 

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1appropriations to the Department for Committed, Paroled, and
2Discharged Prisoners.
3    (a-3) Upon release of a person who is eligible to vote on
4parole, mandatory release, final discharge, or pardon, the
5Department shall provide the person with a form that informs
6him or her that his or her voting rights have been restored and
7a voter registration application. The Department shall have
8available voter registration applications in the languages
9provided by the Illinois State Board of Elections. The form
10that informs the person that his or her rights have been
11restored shall include the following information:
12        (1) All voting rights are restored upon release from
13    the Department's custody.
14        (2) A person who is eligible to vote must register in
15    order to be able to vote.
16    A form certifying that the person received the voter
17registration application and that informs the person that his
18or her voting rights have been restored shall be signed by an
19official employed by the correctional facility. The signed form
20shall be maintained on record by the correctional facility and
21a copy shall be provided to the inmate upon release from
22incarceration. A Department employee who refuses to provide a
23person with the form that informs the person that his or her
24voting rights have been restored shall be subject to
25disciplinary action by the Department.
26    (b) (Blank).

 

 

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

 

 

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1provided electronically if the State's Attorney, sheriff,
2proper law enforcement agency, or public housing agency has
3provided the Department with an accurate and up to date email
4address.
5    (c-1) (Blank).
6    (c-2) The Department shall establish procedures to provide
7notice to the Department of State Police of the release or
8discharge of persons convicted of violations of the
9Methamphetamine Control and Community Protection Act or a
10violation of the Methamphetamine Precursor Control Act. The
11Department of State Police shall make this information
12available to local, State, or federal law enforcement agencies
13upon request.
14    (c-5) If a person on parole or mandatory supervised release
15becomes a resident of a facility licensed or regulated by the
16Department of Public Health, the Illinois Department of Public
17Aid, or the Illinois Department of Human Services, the
18Department of Corrections shall provide copies of the following
19information to the appropriate licensing or regulating
20Department and the licensed or regulated facility where the
21person becomes a resident:
22        (1) The mittimus and any pre-sentence investigation
23    reports.
24        (2) The social evaluation prepared pursuant to Section
25    3-8-2.
26        (3) Any pre-release evaluation conducted pursuant to

 

 

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

 

 

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1to the human immunodeficiency virus (HIV) or any identified
2causative agent of Acquired Immunodeficiency Syndrome (AIDS).
3    (e) Upon the release of a committed person on parole,
4mandatory supervised release, final discharge, pardon, or who
5has been wrongfully imprisoned, the Department shall verify the
6released person's full name, date of birth, and social security
7number. If verification is made by the Department by obtaining
8a certified copy of the released person's birth certificate and
9the released person's social security card or other documents
10authorized by the Secretary, the Department shall provide the
11birth certificate and social security card or other documents
12authorized by the Secretary to the released person. If
13verification by the Department is done by means other than
14obtaining a certified copy of the released person's birth
15certificate and the released person's social security card or
16other documents authorized by the Secretary, the Department
17shall complete a verification form, prescribed by the Secretary
18of State, and shall provide that verification form to the
19released person.
20    (f) Forty-five days prior to the scheduled discharge of a
21person committed to the custody of the Department of
22Corrections, the Department shall give the person who is
23otherwise uninsured an opportunity to apply for health care
24coverage including medical assistance under Article V of the
25Illinois Public Aid Code in accordance with subsection (b) of
26Section 1-8.5 of the Illinois Public Aid Code, and the

 

 

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1Department of Corrections shall provide assistance with
2completion of the application for health care coverage
3including medical assistance. The Department may adopt rules to
4implement this Section.
5(Source: P.A. 98-267, eff. 1-1-14; 99-415, eff. 8-20-15;
699-907, eff. 7-1-17.)
 
7    Section 99. Effective date. This Act takes effect January
81, 2020.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    10 ILCS 5/19-2.3 new
4    10 ILCS 5/19A-20
5    55 ILCS 5/3-15003.3 new
6    55 ILCS 5/3-15003.4 new
7    730 ILCS 5/3-2-2.3 new
8    730 ILCS 5/3-14-1from Ch. 38, par. 1003-14-1