102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0624

 

Introduced 2/24/2021, by Sen. Jacqueline Y. Collins

 

SYNOPSIS AS INTRODUCED:
 
New Act
15 ILCS 335/4  from Ch. 124, par. 24
730 ILCS 5/3-2.5-75
730 ILCS 5/3-14-1  from Ch. 38, par. 1003-14-1

    Creates the Reporting of Deaths in Custody Act. Provides that in any case in which a person dies while in the custody of: (1) any law enforcement agency, (2) a local or State correctional facility in the State, or (3) a peace officer or as a result of the peace officer's use of force, the law enforcement agency shall investigate and report the death in writing to the Attorney General, no later than 30 days after the date on which the person in custody or incarcerated died. Provides information that must be contained in the report. Provides that the report shall be a public record under the Freedom of Information Act. Provides that the Attorney General shall issue a public annual report tabulating and evaluating trends and information on deaths in custody. Provides that the family, next of kin, or any other person reasonably nominated by the decedent as an emergency contact shall be notified as soon as possible in a suitable manner giving an accurate factual account of the cause of death and circumstances surrounding the death in custody. Amends the Illinois Identification Card Act and the Unified Code of Corrections concerning reports the Secretary of State, Department of Juvenile Justice, and the Department of Corrections shall make to the General Assembly. Provides that the Secretary of State, Department of Juvenile Justice, and the Department of Corrections shall publish the reports on their respective websites.


LRB102 12150 KMF 17487 b

 

 

A BILL FOR

 

SB0624LRB102 12150 KMF 17487 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 1. Short title. This Act may be cited as the
5Reporting of Deaths in Custody Act.
 
6    Section 5. Report of deaths of persons in custody in
7correctional institutions.
8    (a) In this Act, "law enforcement agency" includes each
9law enforcement entity within this State having the authority
10to arrest and detain persons suspected of, or charged with,
11committing a criminal offense, and each law enforcement entity
12that operates a lock up, jail, prison, or any other facility
13used to detain persons for legitimate law enforcement
14purposes.
15    (b) In any case in which a person dies:
16        (1) while in the custody of:
17            (A) a law enforcement agency;
18            (B) a local or State correctional facility in this
19        State; or
20            (C) a peace officer; or
21        (2) as a result of the peace officer's use of force,
22    the law enforcement agency shall investigate and report
23the death in writing to the Attorney General, no later than 30

 

 

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1days after the date on which the person in custody or
2incarcerated died. The written report shall contain the
3following information:
4        (1) facts concerning the death that are in the
5    possession of the law enforcement agency in charge of the
6    investigation and the correctional facility where the
7    death occurred including, but not limited to, cause and
8    manner of death, race, age, and gender of the decedent;
9        (2) the jurisdiction, the law enforcement agency
10    providing the investigation, and the local or State
11    facility where the death occurred;
12        (3) if emergency care was requested by the law
13    enforcement agency in response to any illness, injury,
14    self-inflicted or otherwise, or other issue related to
15    rapid deterioration of physical wellness or human
16    subsistence, and details concerning emergency care that
17    was provided to the decedent if emergency care was
18    provided.
19    (c) The law enforcement agency and the involved
20correctional administrators shall make a good faith effort to
21obtain all relevant facts and circumstances relevant to the
22death and include those in the report.
23    (d) The Attorney General shall create a standardized form
24to be used for the purpose of collecting information as
25described in subsection (b).
26    (e) Law enforcement agencies shall use the form described

 

 

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1in subsection (d) to report all cases in which a person dies:
2        (1) while in the custody of:
3            (A) a law enforcement agency;
4            (B) a local or State correctional facility in this
5        State; or
6            (C) a peace officer; or
7        (2) as a result of the peace officer's use of force.
8    (f) The Attorney General may determine the manner in which
9the form is transmitted from a law enforcement agency to the
10Attorney General.
11    (g) The reports shall be public records within the meaning
12of subsection (c) of Section 2 of the Freedom of Information
13Act and are open to public inspection, with the exception of
14any portion of the report that the Attorney General determines
15is privileged or protected under Illinois or federal law.
16    (h) The Attorney General shall make available to the
17public information of all individual reports relating to
18deaths in custody through the Attorney General's website to be
19updated on a quarterly basis.
20    (i) The Attorney General shall issue a public annual
21report tabulating and evaluating trends and information on
22deaths in custody, including, but not limited to:
23        (1) information regarding cause and manner of death,
24    race, and the gender of the decedent;
25        (2) the jurisdiction, law enforcement agency providing
26    the investigation, and local or State facility where the

 

 

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1    death occurred; and
2        (3) recommendations and State and local efforts
3    underway to reduce deaths in custody.
4    The report shall be submitted to the Governor and General
5Assembly and made available to the public on the Attorney
6General's website the first week of February of each year.
7    (j) So that the State may oversee the healthcare provided
8to any person in the custody of each law enforcement agency
9within this State, provision of medical services to these
10persons, general care and treatment, and any other factors
11that may contribute to the death of any of these persons, the
12following information shall be made available to the public on
13the Attorney General's website:
14        (1) the number of deaths that occurred during the
15    preceding calendar year;
16        (2) the known, or discoverable upon reasonable
17    inquiry, causes and contributing factors of each of the
18    in-custody deaths as defined in subsection (b); and
19        (3) the law enforcement agency's policies, procedures,
20    and protocols related to:
21            (A) treatment of a person experiencing withdrawal
22        from alcohol or substance use;
23            (B) the facility's provision, or lack of
24        provision, of medications used to treat, mitigate, or
25        address a person's symptoms; and
26            (C) notifying an inmate's next of kin after the

 

 

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1        inmate's in-custody death.
2    (k) The family, next of kin, or any other person
3reasonably nominated by the decedent as an emergency contact
4shall be notified as soon as possible in a suitable manner
5giving an accurate factual account of the cause of death and
6circumstances surrounding the death in custody.
7    (l) The law enforcement agency or correctional facility
8shall name a staff person to act as dedicated family liaison
9officer to be a point of contact for the family, to make and
10maintain contact with the family, to report ongoing
11developments and findings of investigations, and to provide
12information and practical support. If requested by the
13deceased's next of kin, the law enforcement agency or
14correctional facility shall arrange for a chaplain, counselor,
15or other suitable staff member to meet with the family and
16discuss any faith considerations or concerns. The family has a
17right to the medical records of a family member who has died in
18custody and these records shall be disclosed to them.
19    (m) It is unlawful for a person who is required under this
20Section to investigate a death or file a report to fail to
21include in the report facts known or discovered in the
22investigation to the Attorney General. A violation of this
23Section is a petty offense, with fine not to exceed $500.
 
24    Section 105. The Illinois Identification Card Act is
25amended by changing Section 4 as follows:
 

 

 

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1    (15 ILCS 335/4)  (from Ch. 124, par. 24)
2    Sec. 4. Identification card.
3    (a) The Secretary of State shall issue a standard Illinois
4Identification Card to any natural person who is a resident of
5the State of Illinois who applies for such card, or renewal
6thereof. No identification card shall be issued to any person
7who holds a valid foreign state identification card, license,
8or permit unless the person first surrenders to the Secretary
9of State the valid foreign state identification card, license,
10or permit. The card shall be prepared and supplied by the
11Secretary of State and shall include a photograph and
12signature or mark of the applicant. However, the Secretary of
13State may provide by rule for the issuance of Illinois
14Identification Cards without photographs if the applicant has
15a bona fide religious objection to being photographed or to
16the display of his or her photograph. The Illinois
17Identification Card may be used for identification purposes in
18any lawful situation only by the person to whom it was issued.
19As used in this Act, "photograph" means any color photograph
20or digitally produced and captured image of an applicant for
21an identification card. As used in this Act, "signature" means
22the name of a person as written by that person and captured in
23a manner acceptable to the Secretary of State.
24    (a-5) If an applicant for an identification card has a
25current driver's license or instruction permit issued by the

 

 

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

 

 

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1Card. If the Secretary of State determines that the volume of
2expedited identification card requests received on a given day
3exceeds the ability of the Secretary to process those requests
4in an expedited manner, the Secretary may decline to provide
5expedited services, and the additional fee for the expedited
6service shall be refunded to the applicant.
7    (a-20) The Secretary of State shall issue a standard
8Illinois Identification Card to a committed person upon
9release on parole, mandatory supervised release, aftercare
10release, final discharge, or pardon from the Department of
11Corrections or Department of Juvenile Justice, if the released
12person presents a certified copy of his or her birth
13certificate, social security card or other documents
14authorized by the Secretary, and 2 documents proving his or
15her Illinois residence address. Documents proving residence
16address may include any official document of the Department of
17Corrections or the Department of Juvenile Justice showing the
18released person's address after release and a Secretary of
19State prescribed certificate of residency form, which may be
20executed by Department of Corrections or Department of
21Juvenile Justice personnel.
22    (a-25) The Secretary of State shall issue a limited-term
23Illinois Identification Card valid for 90 days to a committed
24person upon release on parole, mandatory supervised release,
25aftercare release, final discharge, or pardon from the
26Department of Corrections or Department of Juvenile Justice,

 

 

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

 

 

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

 

 

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

 

 

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1Person with a Disability Identification Card shall be issued
2to any person who holds a valid foreign state identification
3card, license, or permit unless the person first surrenders to
4the Secretary of State the valid foreign state identification
5card, license, or permit. The Secretary of State shall charge
6no fee to issue such card. The card shall be prepared and
7supplied by the Secretary of State, and shall include a
8photograph and signature or mark of the applicant, a
9designation indicating that the card is an Illinois Person
10with a Disability Identification Card, and shall include a
11comprehensible designation of the type and classification of
12the applicant's disability as set out in Section 4A of this
13Act. However, the Secretary of State may provide by rule for
14the issuance of Illinois Person with a Disability
15Identification Cards without photographs if the applicant has
16a bona fide religious objection to being photographed or to
17the display of his or her photograph. If the applicant so
18requests, the card shall include a description of the
19applicant's disability and any information about the
20applicant's disability or medical history which the Secretary
21determines would be helpful to the applicant in securing
22emergency medical care. If a mark is used in lieu of a
23signature, such mark shall be affixed to the card in the
24presence of two witnesses who attest to the authenticity of
25the mark. The Illinois Person with a Disability Identification
26Card may be used for identification purposes in any lawful

 

 

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1situation by the person to whom it was issued.
2    The Illinois Person with a Disability Identification Card
3may be used as adequate documentation of disability in lieu of
4a physician's determination of disability, a determination of
5disability from a physician assistant, a determination of
6disability from an advanced practice registered nurse, or any
7other documentation of disability whenever any State law
8requires that a person with a disability provide such
9documentation of disability, however an Illinois Person with a
10Disability Identification Card shall not qualify the
11cardholder to participate in any program or to receive any
12benefit which is not available to all persons with like
13disabilities. Notwithstanding any other provisions of law, an
14Illinois Person with a Disability Identification Card, or
15evidence that the Secretary of State has issued an Illinois
16Person with a Disability Identification Card, shall not be
17used by any person other than the person named on such card to
18prove that the person named on such card is a person with a
19disability or for any other purpose unless the card is used for
20the benefit of the person named on such card, and the person
21named on such card consents to such use at the time the card is
22so used.
23    An optometrist's determination of a visual disability
24under Section 4A of this Act is acceptable as documentation
25for the purpose of issuing an Illinois Person with a
26Disability Identification Card.

 

 

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1    When medical information is contained on an Illinois
2Person with a Disability Identification Card, the Office of
3the Secretary of State shall not be liable for any actions
4taken based upon that medical information.
5    (c) The Secretary of State shall provide that each
6original or renewal Illinois Identification Card or Illinois
7Person with a Disability Identification Card issued to a
8person under the age of 21 shall be of a distinct nature from
9those Illinois Identification Cards or Illinois Person with a
10Disability Identification Cards issued to individuals 21 years
11of age or older. The color designated for Illinois
12Identification Cards or Illinois Person with a Disability
13Identification Cards for persons under the age of 21 shall be
14at the discretion of the Secretary of State.
15    (c-1) Each original or renewal Illinois Identification
16Card or Illinois Person with a Disability Identification Card
17issued to a person under the age of 21 shall display the date
18upon which the person becomes 18 years of age and the date upon
19which the person becomes 21 years of age.
20    (c-3) The General Assembly recognizes the need to identify
21military veterans living in this State for the purpose of
22ensuring that they receive all of the services and benefits to
23which they are legally entitled, including healthcare,
24education assistance, and job placement. To assist the State
25in identifying these veterans and delivering these vital
26services and benefits, the Secretary of State is authorized to

 

 

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1issue Illinois Identification Cards and Illinois Person with a
2Disability Identification Cards with the word "veteran"
3appearing on the face of the cards. This authorization is
4predicated on the unique status of veterans. The Secretary may
5not issue any other identification card which identifies an
6occupation, status, affiliation, hobby, or other unique
7characteristics of the identification card holder which is
8unrelated to the purpose of the identification card.
9    (c-5) Beginning on or before July 1, 2015, the Secretary
10of State shall designate a space on each original or renewal
11identification card where, at the request of the applicant,
12the word "veteran" shall be placed. The veteran designation
13shall be available to a person identified as a veteran under
14subsection (b) of Section 5 of this Act who was discharged or
15separated under honorable conditions.
16    (d) The Secretary of State may issue a Senior Citizen
17discount card, to any natural person who is a resident of the
18State of Illinois who is 60 years of age or older and who
19applies for such a card or renewal thereof. The Secretary of
20State shall charge no fee to issue such card. The card shall be
21issued in every county and applications shall be made
22available at, but not limited to, nutrition sites, senior
23citizen centers and Area Agencies on Aging. The applicant,
24upon receipt of such card and prior to its use for any purpose,
25shall have affixed thereon in the space provided therefor his
26signature or mark.

 

 

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1    (e) The Secretary of State, in his or her discretion, may
2designate on each Illinois Identification Card or Illinois
3Person with a Disability Identification Card a space where the
4card holder may place a sticker or decal, issued by the
5Secretary of State, of uniform size as the Secretary may
6specify, that shall indicate in appropriate language that the
7card holder has renewed his or her Illinois Identification
8Card or Illinois Person with a Disability Identification Card.
9(Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15;
1099-305, eff. 1-1-16; 99-642, eff. 7-28-16; 99-907, eff.
117-1-17; 100-513, eff. 1-1-18; 100-717, eff. 7-1-19.)
 
12    Section 110. The Unified Code of Corrections is amended by
13changing Sections 3-2.5-75 and 3-14-1 as follows:
 
14    (730 ILCS 5/3-2.5-75)
15    Sec. 3-2.5-75. Release from Department of Juvenile
16Justice.
17    (a) Upon release of a youth on aftercare, the Department
18shall return all property held for the youth, provide the
19youth with suitable clothing, and procure necessary
20transportation for the youth to his or her designated place of
21residence and employment. It may provide the youth with a
22grant of money for travel and expenses which may be paid in
23installments. The amount of the money grant shall be
24determined by the Department.

 

 

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1    (b) Before a wrongfully imprisoned person, as defined in
2Section 3-1-2 of this Code, is discharged from the Department,
3the Department shall provide him or her with any documents
4necessary after discharge.
5    (c) The Department of Juvenile Justice may establish and
6maintain, in any institution it administers, revolving funds
7to be known as "Travel and Allowances Revolving Funds". These
8revolving funds shall be used for advancing travel and expense
9allowances to committed, released, and discharged youth. The
10moneys paid into these revolving funds shall be from
11appropriations to the Department for committed, released, and
12discharged prisoners.
13    (d) Upon the release of a youth on aftercare, the
14Department shall provide that youth with information
15concerning programs and services of the Department of Public
16Health to ascertain whether that youth has been exposed to the
17human immunodeficiency virus (HIV) or any identified causative
18agent of Acquired Immunodeficiency Syndrome (AIDS).
19    (e) Upon the release of a youth on aftercare or who has
20been wrongfully imprisoned, the Department shall verify the
21youth's full name, date of birth, and social security number.
22If verification is made by the Department by obtaining a
23certified copy of the youth's birth certificate and the
24youth's social security card or other documents authorized by
25the Secretary, the Department shall provide the birth
26certificate and social security card or other documents

 

 

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1authorized by the Secretary to the youth. If verification is
2done by means other than obtaining a certified copy of the
3youth's birth certificate and the youth's social security card
4or other documents authorized by the Secretary, the Department
5shall complete a verification form, prescribed by the
6Secretary of State and shall provide that verification form to
7the youth.
8    (f) In order to determine how many persons released from
9incarceration in the Department of Juvenile Justice obtained
10permanent Illinois Identification Cards, the Department of
11Juvenile Justice shall track and issue an annual report to the
12General Assembly detailing the number of birth certificates
13obtained for persons while in its custody, the number of
14social security cards obtained for persons while in its
15custody, and the number of verification forms issued to
16persons in its custody within 30 days of a person's release
17from custody. The report shall include comparable data from
18the previous calendar year and shall reflect any increases or
19decreases. The Department of Juvenile Justice shall publish
20the reports on its website.
21(Source: P.A. 98-558, eff. 1-1-14; 98-685, eff. 1-1-15;
2299-907, eff. 7-1-17.)
 
23    (730 ILCS 5/3-14-1)  (from Ch. 38, par. 1003-14-1)
24    Sec. 3-14-1. Release from the institution.
25    (a) Upon release of a person on parole, mandatory release,

 

 

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1final discharge or pardon the Department shall return all
2property held for him, provide him with suitable clothing and
3procure necessary transportation for him to his designated
4place of residence and employment. It may provide such person
5with a grant of money for travel and expenses which may be paid
6in installments. The amount of the money grant shall be
7determined by the Department.
8    (a-1) The Department shall, before a wrongfully imprisoned
9person, as defined in Section 3-1-2 of this Code, is
10discharged from the Department, provide him or her with any
11documents necessary after discharge.
12    (a-2) The Department of Corrections may establish and
13maintain, in any institution it administers, revolving funds
14to be known as "Travel and Allowances Revolving Funds". These
15revolving funds shall be used for advancing travel and expense
16allowances to committed, paroled, and discharged prisoners.
17The moneys paid into such revolving funds shall be from
18appropriations to the Department for Committed, Paroled, and
19Discharged Prisoners.
20    (a-3) Upon release of a person who is eligible to vote on
21parole, mandatory release, final discharge, or pardon, the
22Department shall provide the person with a form that informs
23him or her that his or her voting rights have been restored and
24a voter registration application. The Department shall have
25available voter registration applications in the languages
26provided by the Illinois State Board of Elections. The form

 

 

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1that informs the person that his or her rights have been
2restored shall include the following information:
3        (1) All voting rights are restored upon release from
4    the Department's custody.
5        (2) A person who is eligible to vote must register in
6    order to be able to vote.
7    The Department of Corrections shall confirm that the
8person received the voter registration application and has
9been informed that his or her voting rights have been
10restored.
11    (a-4) (a-3) Prior to release of a person on parole,
12mandatory supervised release, final discharge, or pardon, the
13Department shall screen every person for Medicaid eligibility.
14Officials of the correctional institution or facility where
15the committed person is assigned shall assist an eligible
16person to complete a Medicaid application to ensure that the
17person begins receiving benefits as soon as possible after his
18or her release. The application must include the eligible
19person's address associated with his or her residence upon
20release from the facility. If the residence is temporary, the
21eligible person must notify the Department of Human Services
22of his or her change in address upon transition to permanent
23housing.
24    (b) (Blank).
25    (c) Except as otherwise provided in this Code, the
26Department shall establish procedures to provide written

 

 

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

 

 

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1provided the Department with an accurate and up to date email
2address.
3    (c-1) (Blank).
4    (c-2) The Department shall establish procedures to provide
5notice to the Department of State Police of the release or
6discharge of persons convicted of violations of the
7Methamphetamine Control and Community Protection Act or a
8violation of the Methamphetamine Precursor Control Act. The
9Department of State Police shall make this information
10available to local, State, or federal law enforcement agencies
11upon request.
12    (c-5) 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 copies of the
17following information to the appropriate licensing or
18regulating Department and the licensed or regulated facility
19where the person becomes a resident:
20        (1) The mittimus and any pre-sentence investigation
21    reports.
22        (2) The social evaluation prepared pursuant to Section
23    3-8-2.
24        (3) Any pre-release evaluation conducted pursuant to
25    subsection (j) of Section 3-6-2.
26        (4) Reports of disciplinary infractions and

 

 

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

 

 

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1identified causative agent of Acquired Immunodeficiency
2Syndrome (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
6the released person's full name, date of birth, and social
7security number. If verification is made by the Department by
8obtaining a certified copy of the released person's birth
9certificate and the released person's social security card or
10other documents authorized by the Secretary, the Department
11shall provide the birth certificate and social security card
12or other documents authorized by the Secretary to the released
13person. If verification by the Department is done by means
14other than obtaining a certified copy of the released person's
15birth certificate and the released person's social security
16card or other documents authorized by the Secretary, the
17Department shall complete a verification form, prescribed by
18the Secretary of State, and shall provide that verification
19form to the released 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
4to implement this Section.
5    (g) In order to determine how many persons released from
6incarceration in the Department obtained permanent Illinois
7Identification Cards, the Department shall track and issue an
8annual report to the General Assembly detailing the number of
9birth certificates obtained for persons while in its custody,
10the number of social security cards obtained for persons while
11in its custody, and the number of verification forms issued to
12persons in its custody within 30 days of a person's release
13from custody. The report shall include comparable data from
14the previous calendar year and shall reflect any increases or
15decreases. The Department shall publish the reports on its
16website.
17(Source: P.A. 101-351, eff. 1-1-20; 101-442, eff. 1-1-20;
18revised 9-9-19.)