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Full Text of HB4469  100th General Assembly

HB4469ham002 100TH GENERAL ASSEMBLY

Rep. Juliana Stratton

Filed: 3/14/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4469

2    AMENDMENT NO. ______. Amend House Bill 4469 by replacing
3everything after the enacting clause with the following:
 
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 primary county jail where eligible
9voters are confined or detained who are within the jurisdiction
10of the election authority to facilitate voting by mail for
11voters eligible to vote in the election jurisdiction who are
12confined or detained in the county jail.
 
13    (10 ILCS 5/19A-20)
14    Sec. 19A-20. Temporary branch polling places.
15    (a) In addition to permanent polling places for early

 

 

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

 

 

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1screens shall be provided to ensure the privacy of the voter.
2    All provisions of this Code applicable to pollwatchers
3shall apply to a temporary branch polling place under this
4subsection, subject to approval from the election authority and
5the county jail. A county that establishes a temporary branch
6polling place inside a county jail in accordance with this
7subsection shall adhere to all requirements of this subsection.
8All requirements of the federal Voting Rights Act of 1965 shall
9apply to this subsection.
10(Source: P.A. 94-645, eff. 8-22-05.)
 
11    Section 10. The Counties Code is amended by adding Sections
123-15003.3 and 3-15003.4 as follows:
 
13    (55 ILCS 5/3-15003.3 new)
14    Sec. 3-15003.3. Voter registration; county jails. Upon
15discharge of a person who is eligible to vote from a county
16jail, the county jail shall provide the person with a voter
17registration application. Each election authority shall
18collaborate with the county jail within the jurisdiction of the
19election authority to facilitate voter registration for voters
20eligible to vote in that county who are confined or detained in
21the county jail. A county jail shall provide a voter
22registration application to any person in custody at the jail
23who requests an application and is eligible to vote.
 

 

 

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1    (55 ILCS 5/3-15003.4 new)
2    Sec. 3-15003.4. Voting rights; county jails; probation
3offices.
4    (a) Each county jail and county probation office shall make
5available current resource materials, maintained by the
6Illinois State Board of Elections, containing detailed
7information regarding the voting rights of a person with a
8criminal conviction in the following formats:
9        (1) in print;
10        (2) on the website of each county jail and each county
11    probation office; and
12        (3) in a visible location on the premises of each
13    county jail and county probation office where notices are
14    customarily posted.
15    (b) The current resource materials described under
16subsection (a) shall be provided:
17        (1) upon discharge of a person from a county jail; and
18        (2) upon intake of a person by a county probation
19    department.
 
20    Section 15. The Unified Code of Corrections is amended by
21adding Sections 3-2-2.3 and by changing Section 3-14-1 as
22follows:
 
23    (730 ILCS 5/3-2-2.3 new)
24    Sec. 3-2-2.3. Voting rights information.

 

 

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1    (a) The Department shall make available to a person in its
2custody current resource materials, maintained by the Illinois
3State Board of Elections, containing detailed information
4regarding the voting rights of a person with a criminal
5conviction in the following formats:
6        (1) in print;
7        (2) on the Department's website; and
8        (3) in a visible location on the premises of each
9    Department facility where notices are customarily posted.
10    (b) The current resource materials described under
11subsection (a) shall be provided upon release of a person on
12parole, mandatory supervised release, final discharge, or
13pardon from the Department.
 
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    (a-3) Upon release of a person who is eligible to vote on
12parole, mandatory release, final discharge, or pardon, the
13Department shall provide the person with a form that informs
14him or her that his or her voting rights have been restored and
15a voter registration application. The Department shall have
16available voter registration applications in the languages
17provided by the Illinois State Board of Elections. The form
18that informs the person that his or her rights have been
19restored shall include the following information:
20        (1) All voting rights are restored upon release from
21    the Department's custody.
22        (2) A person who is eligible to vote must register in
23    order to be able to vote.
24    The Department of Corrections shall confirm that the person
25received the voter registration application and has been
26informed that his or her voting rights have been restored.

 

 

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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

 

 

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1thereafter as possible. The written notification shall be
2provided electronically if the State's Attorney, sheriff,
3proper law enforcement agency, or public housing agency has
4provided the Department with an accurate and up to date email
5address.
6    (c-1) (Blank).
7    (c-2) The Department shall establish procedures to provide
8notice to the Department of State Police of the release or
9discharge of persons convicted of violations of the
10Methamphetamine Control and Community Protection Act or a
11violation of the Methamphetamine Precursor Control Act. The
12Department of State Police shall make this information
13available to local, State, or federal law enforcement agencies
14upon request.
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, pardon, or who
6has been wrongfully imprisoned, the Department shall verify the
7released person's full name, date of birth, and social security
8number. If verification is made by the Department by obtaining
9a certified copy of the released person's birth certificate and
10the released person's social security card or other documents
11authorized by the Secretary, the Department shall provide the
12birth certificate and social security card or other documents
13authorized by the Secretary to the released person. If
14verification by the Department is done by means other than
15obtaining a certified copy of the released person's birth
16certificate and the released person's social security card or
17other documents authorized by the Secretary, the Department
18shall complete a verification form, prescribed by the Secretary
19of State, and shall provide that verification form to the
20released person.
21    (f) Forty-five days prior to the scheduled discharge of a
22person committed to the custody of the Department of
23Corrections, the Department shall give the person who is
24otherwise uninsured an opportunity to apply for health care
25coverage including medical assistance under Article V of the
26Illinois Public Aid Code in accordance with subsection (b) of

 

 

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1Section 1-8.5 of the Illinois Public Aid Code, and the
2Department of Corrections shall provide assistance with
3completion of the application for health care coverage
4including medical assistance. The Department may adopt rules to
5implement this Section.
6(Source: P.A. 98-267, eff. 1-1-14; 99-415, eff. 8-20-15;
799-907, eff. 7-1-17.)
 
8    Section 99. Effective date. This Act takes effect January
91, 2020.".