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Full Text of HB4469  100th General Assembly

HB4469enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
HB4469 EnrolledLRB100 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
8in a county with a population under 3,000,000 shall collaborate
9with the primary county jail where eligible voters are confined
10or detained who are within the jurisdiction of the election
11authority to facilitate an opportunity for voting by mail for
12voters eligible to vote in the election jurisdiction who are
13confined or detained in the county jail.
 
14    (10 ILCS 5/19A-20)
15    Sec. 19A-20. Temporary branch polling places.
16    (a) In addition to permanent polling places for early
17voting, the election authority may establish temporary branch
18polling places for early voting.
19    (b) The provisions of subsection (b) of Section 19A-15 do
20not apply to a temporary polling place. Voting at a temporary
21branch polling place may be conducted on any one or more days
22and during any hours within the period for early voting by

 

 

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

 

 

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1subsection shall adhere to all requirements of this subsection.
2All requirements of the federal Voting Rights Act of 1965 shall
3apply to this subsection.
4(Source: P.A. 94-645, eff. 8-22-05.)
 
5    Section 10. The Counties Code is amended by adding Sections
63-15003.3 and 3-15003.4 as follows:
 
7    (55 ILCS 5/3-15003.3 new)
8    Sec. 3-15003.3. Voter registration; county jails. Upon
9discharge of a person who is eligible to vote from a county
10jail, the county jail shall provide the person with a voter
11registration application. Each election authority shall
12collaborate with the county jail within the jurisdiction of the
13election authority to facilitate voter registration for voters
14eligible to vote in that county who are confined or detained in
15the county jail. A county jail shall provide a voter
16registration application to any person in custody at the jail
17who requests an application and is eligible to vote.
 
18    (55 ILCS 5/3-15003.4 new)
19    Sec. 3-15003.4. Voting rights; county jails; probation
20offices.
21    (a) Each county jail and county probation office shall make
22available current resource materials, maintained by the
23Illinois State Board of Elections, containing detailed

 

 

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

 

 

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1pardon from the Department.
 
2    (730 ILCS 5/3-14-1)  (from Ch. 38, par. 1003-14-1)
3    Sec. 3-14-1. Release from the institution.
4    (a) Upon release of a person on parole, mandatory release,
5final discharge or pardon the Department shall return all
6property held for him, provide him with suitable clothing and
7procure necessary transportation for him to his designated
8place of residence and employment. It may provide such person
9with a grant of money for travel and expenses which may be paid
10in installments. The amount of the money grant shall be
11determined by the Department.
12    (a-1) The Department shall, before a wrongfully imprisoned
13person, as defined in Section 3-1-2 of this Code, is discharged
14from the Department, provide him or her with any documents
15necessary after discharge.
16    (a-2) The Department of Corrections may establish and
17maintain, in any institution it administers, revolving funds to
18be known as "Travel and Allowances Revolving Funds". These
19revolving funds shall be used for advancing travel and expense
20allowances to committed, paroled, and discharged prisoners.
21The moneys paid into such revolving funds shall be from
22appropriations to the Department for Committed, Paroled, and
23Discharged Prisoners.
24    (a-3) Upon release of a person who is eligible to vote on
25parole, mandatory release, final discharge, or pardon, the

 

 

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1Department shall provide the person with a form that informs
2him or her that his or her voting rights have been restored and
3a voter registration application. The Department shall have
4available voter registration applications in the languages
5provided by the Illinois State Board of Elections. The form
6that informs the person that his or her rights have been
7restored shall include the following information:
8        (1) All voting rights are restored upon release from
9    the Department's custody.
10        (2) A person who is eligible to vote must register in
11    order to be able to vote.
12    The Department of Corrections shall confirm that the person
13received the voter registration application and has been
14informed that his or her voting rights have been restored.
15    (b) (Blank).
16    (c) Except as otherwise provided in this Code, the
17Department shall establish procedures to provide written
18notification of any release of any person who has been
19convicted of a felony to the State's Attorney and sheriff of
20the county from which the offender was committed, and the
21State's Attorney and sheriff of the county into which the
22offender is to be paroled or released. Except as otherwise
23provided in this Code, the Department shall establish
24procedures to provide written notification to the proper law
25enforcement agency for any municipality of any release of any
26person who has been convicted of a felony if the arrest of the

 

 

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

 

 

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

 

 

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

 

 

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1authorized by the Secretary to the released person. If
2verification by the Department is done by means other than
3obtaining a certified copy of the released person's birth
4certificate and the released person's social security card or
5other documents authorized by the Secretary, the Department
6shall complete a verification form, prescribed by the Secretary
7of State, and shall provide that verification form to the
8released person.
9    (f) Forty-five days prior to the scheduled discharge of a
10person committed to the custody of the Department of
11Corrections, the Department shall give the person who is
12otherwise uninsured an opportunity to apply for health care
13coverage including medical assistance under Article V of the
14Illinois Public Aid Code in accordance with subsection (b) of
15Section 1-8.5 of the Illinois Public Aid Code, and the
16Department of Corrections shall provide assistance with
17completion of the application for health care coverage
18including medical assistance. The Department may adopt rules to
19implement this Section.
20(Source: P.A. 98-267, eff. 1-1-14; 99-415, eff. 8-20-15;
2199-907, eff. 7-1-17.)
 
22    Section 99. Effective date. This Act takes effect January
231, 2020.