103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4745

 

Introduced 2/6/2024, by Rep. John M. Cabello - Tony M. McCombie

 

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

    Amends the Unified Code of Corrections. Provides that on or after the effective date of the amendatory Act, the Department of Corrections and the Department of Juvenile Justice shall establish procedures to ensure that a committed person convicted of: (1) a sex offense, (2) first degree murder, or (3) second degree murder is discharged from custody within the municipality, or if the committed person was residing in an unincorporated area, the county where the committed person was residing immediately before his or her conviction for the sex offense or murder offense for which the committed person is serving a sentence in the Department of Corrections or the Department of Juvenile Justice. Effective immediately.


LRB103 37675 RLC 67802 b

 

 

A BILL FOR

 

HB4745LRB103 37675 RLC 67802 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    (a-1) The Department shall, before a wrongfully imprisoned
17person, as defined in Section 3-1-2 of this Code, is
18discharged from the Department, provide him or her with any
19documents necessary after discharge.
20    (a-2) The Department of Corrections may establish and
21maintain, in any institution it administers, revolving funds
22to be known as "Travel and Allowances Revolving Funds". These
23revolving funds shall be used for advancing travel and expense

 

 

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1allowances to committed, paroled, and discharged prisoners.
2The moneys paid into such revolving funds shall be from
3appropriations to the Department for Committed, Paroled, and
4Discharged Prisoners.
5    (a-3) Upon release of a person who is eligible to vote on
6parole, mandatory release, final discharge, or pardon, the
7Department shall provide the person with a form that informs
8him or her that his or her voting rights have been restored and
9a voter registration application. The Department shall have
10available voter registration applications in the languages
11provided by the Illinois State Board of Elections. The form
12that informs the person that his or her rights have been
13restored shall include the following information:
14        (1) All voting rights are restored upon release from
15    the Department's custody.
16        (2) A person who is eligible to vote must register in
17    order to be able to vote.
18    The Department of Corrections shall confirm that the
19person received the voter registration application and has
20been informed that his or her voting rights have been
21restored.
22    (a-4) Prior to release of a person on parole, mandatory
23supervised release, final discharge, or pardon, the Department
24shall screen every person for Medicaid eligibility. Officials
25of the correctional institution or facility where the
26committed person is assigned shall assist an eligible person

 

 

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1to complete a Medicaid application to ensure that the person
2begins receiving benefits as soon as possible after his or her
3release. The application must include the eligible person's
4address associated with his or her residence upon release from
5the facility. If the residence is temporary, the eligible
6person must notify the Department of Human Services of his or
7her change in address upon transition to permanent housing.
8    (a-5) On or after the effective date of this amendatory
9Act of the 103rd General Assembly, the Department of
10Corrections and the Department of Juvenile Justice shall
11establish procedures to ensure that a committed person
12convicted of: (1) a sex offense, as defined in Section 2 of the
13Sex Offender Registration Act, (2) first degree murder, as
14defined in Section 9-1 of the Criminal Code of 2012, or (3)
15second degree murder, as defined in Section 9-2 of the
16Criminal Code of 2012, is discharged from custody within the
17municipality, or if the committed person was residing in an
18unincorporated area, the county where the committed person was
19residing immediately before his or her conviction for the sex
20offense or murder offense for which the committed person is
21serving a sentence in the Department of Corrections or the
22Department of Juvenile Justice.
23    (b) (Blank).
24    (c) Except as otherwise provided in this Code, the
25Department shall establish procedures to provide written
26notification of any release of any person who has been

 

 

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

 

 

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1address.
2    (c-1) (Blank).
3    (c-2) The Department shall establish procedures to provide
4notice to the Illinois State Police of the release or
5discharge of persons convicted of violations of the
6Methamphetamine Control and Community Protection Act or a
7violation of the Methamphetamine Precursor Control Act. The
8Illinois State Police shall make this information available to
9local, State, or federal law enforcement agencies upon
10request.
11    (c-5) 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 copies of the
16following information to the appropriate licensing or
17regulating Department and the licensed or regulated facility
18where the person becomes a resident:
19        (1) The mittimus and any pre-sentence investigation
20    reports.
21        (2) The social evaluation prepared pursuant to Section
22    3-8-2.
23        (3) Any pre-release evaluation conducted pursuant to
24    subsection (j) of Section 3-6-2.
25        (4) Reports of disciplinary infractions and
26    dispositions.

 

 

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

 

 

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

 

 

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1    Corrections shall provide assistance with completion of
2    the application for health care coverage including medical
3    assistance;
4        (2) information about obtaining a standard Illinois
5    Identification Card or a limited-term Illinois
6    Identification Card under Section 4 of the Illinois
7    Identification Card Act if the person has not been issued
8    an Illinois Identification Card under subsection (a-20) of
9    Section 4 of the Illinois Identification Card Act;
10        (3) information about voter registration and may
11    distribute information prepared by the State Board of
12    Elections. The Department of Corrections may enter into an
13    interagency contract with the State Board of Elections to
14    participate in the automatic voter registration program
15    and be a designated automatic voter registration agency
16    under Section 1A-16.2 of the Election Code;
17        (4) information about job listings upon discharge from
18    the correctional institution or facility;
19        (5) information about available housing upon discharge
20    from the correctional institution or facility;
21        (6) a directory of elected State officials and of
22    officials elected in the county and municipality, if any,
23    in which the committed person intends to reside upon
24    discharge from the correctional institution or facility;
25    and
26        (7) any other information that the Department of

 

 

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1    Corrections deems necessary to provide the committed
2    person in order for the committed person to reenter the
3    community and avoid recidivism.
4    (g) Sixty days before the scheduled discharge of a person
5committed to the custody of the Department or upon receipt of
6the person's certified birth certificate and social security
7card as set forth in subsection (d) of Section 3-8-1 of this
8Act, whichever occurs later, the Department shall transmit an
9application for an Identification Card to the Secretary of
10State, in accordance with subsection (a-20) of Section 4 of
11the Illinois Identification Card Act.
12    The Department may adopt rules to implement this Section.
13(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
14102-606, eff. 1-1-22; 102-813, eff. 5-13-22; 103-345, eff.
151-1-24.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.