99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3368

 

Introduced 2/19/2016, by Sen. Karen McConnaughay

 

SYNOPSIS AS INTRODUCED:
 
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

    Amends the Illinois Identification Card Act. Provides that for those who apply for a standard Illinois Identification Card upon release as a committed person on parole, mandatory supervised release, aftercare release, final discharge, or pardon from the Department of Corrections or Department of Juvenile Justice, the Secretary of State shall issue a standard Illinois Identification Card at the time of release (rather than after submission of an identification card issued by the Department of Corrections or the Department of Juvenile Justice) to all released eligible individuals. Defines "released eligible individuals". Amends the Unified Code of Corrections. Provides that the Department of Corrections or the Department of Juvenile Justice shall verify a released person's full name, date of birth, and social security number, and provide that information to the Secretary of State for the purpose of issuing standard Illinois Identification Cards to released eligible individuals under the Illinois Identification Card Act. Provides that the Department of Corrections or the Department of Juvenile Justice shall report annually to the Governor and the General Assembly the percentage of persons released from custody without a valid standard Illinois Identification Card. Discontinues the issuance of identification cards by the Department of Corrections or the Department of Juvenile Justice to recently released persons. Makes conforming changes.


LRB099 20789 RLC 45471 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3368LRB099 20789 RLC 45471 b

1    AN ACT concerning the Secretary of State.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Identification Card Act is amended
5by changing Section 4 as follows:
 
6    (15 ILCS 335/4)  (from Ch. 124, par. 24)
7    Sec. 4. Identification Card.
8    (a) The Secretary of State shall issue a standard Illinois
9Identification Card to any natural person who is a resident of
10the State of Illinois who applies for such card, or renewal
11thereof, together with prescribed fees. For those who apply or
12who applies for a standard Illinois Identification Card upon
13release as a committed person on parole, mandatory supervised
14release, aftercare release, final discharge, or pardon from the
15Department of Corrections or Department of Juvenile Justice,
16the Secretary of State shall issue a standard Illinois
17Identification Card at the time of release to all released
18eligible individuals prescribed under subsection (a-3) of this
19Section by submitting an identification card issued by the
20Department of Corrections or Department of Juvenile Justice
21under Section 3-14-1 or Section 3-2.5-70 of the Unified Code of
22Corrections, together with the prescribed fees. No
23identification card shall be issued to any person who holds a

 

 

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1valid foreign state identification card, license, or permit
2unless the person first surrenders to the Secretary of State
3the valid foreign state identification card, license, or
4permit. The card shall be prepared and supplied by the
5Secretary of State and shall include a photograph and signature
6or mark of the applicant. However, the Secretary of State may
7provide by rule for the issuance of Illinois Identification
8Cards without photographs if the applicant has a bona fide
9religious objection to being photographed or to the display of
10his or her photograph. The Illinois Identification Card may be
11used for identification purposes in any lawful situation only
12by the person to whom it was issued. As used in this Act,
13"photograph" means any color photograph or digitally produced
14and captured image of an applicant for an identification card.
15As used in this Act, "signature" means the name of a person as
16written by that person and captured in a manner acceptable to
17the Secretary of State.
18    (a-3) For purposes of subsection (a), "released eligible
19individuals" means a person or persons meeting the following
20requirements:
21        (1) a person released as a committed person on parole,
22    mandatory supervised release, aftercare release, final
23    discharge, or pardon from the Department of Corrections or
24    Department of Juvenile Justice that has previously held an
25    Illinois driver's license or a standard Illinois
26    Identification Card; and

 

 

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1        (2) the Department of Corrections or Department of
2    Juvenile Justice under Section 3-14-1 or Section 3-2.5-70
3    of the Unified Code of Corrections has verified the
4    released person's full name, date of birth, and social
5    security number, and has provided that information to the
6    Secretary of State.
7    (a-5) If an applicant for an identification card has a
8current driver's license or instruction permit issued by the
9Secretary of State, the Secretary may require the applicant to
10utilize the same residence address and name on the
11identification card, driver's license, and instruction permit
12records maintained by the Secretary. The Secretary may
13promulgate rules to implement this provision.
14    (a-10) If the applicant is a judicial officer as defined in
15Section 1-10 of the Judicial Privacy Act or a peace officer,
16the applicant may elect to have his or her office or work
17address listed on the card instead of the applicant's residence
18or mailing address. The Secretary may promulgate rules to
19implement this provision. For the purposes of this subsection
20(a-10), "peace officer" means any person who by virtue of his
21or her office or public employment is vested by law with a duty
22to maintain public order or to make arrests for a violation of
23any penal statute of this State, whether that duty extends to
24all violations or is limited to specific violations.
25    (a-15) The Secretary of State may provide for an expedited
26process for the issuance of an Illinois Identification Card.

 

 

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1The Secretary shall charge an additional fee for the expedited
2issuance of an Illinois Identification Card, to be set by rule,
3not to exceed $75. All fees collected by the Secretary for
4expedited Illinois Identification Card service shall be
5deposited into the Secretary of State Special Services Fund.
6The Secretary may adopt rules regarding the eligibility,
7process, and fee for an expedited Illinois Identification Card.
8If the Secretary of State determines that the volume of
9expedited identification card requests received on a given day
10exceeds the ability of the Secretary to process those requests
11in an expedited manner, the Secretary may decline to provide
12expedited services, and the additional fee for the expedited
13service shall be refunded to the applicant.
14    (b) The Secretary of State shall issue a special Illinois
15Identification Card, which shall be known as an Illinois Person
16with a Disability Identification Card, to any natural person
17who is a resident of the State of Illinois, who is a person
18with a disability as defined in Section 4A of this Act, who
19applies for such card, or renewal thereof. No Illinois Person
20with a Disability Identification Card shall be issued to any
21person who holds a valid foreign state identification card,
22license, or permit unless the person first surrenders to the
23Secretary of State the valid foreign state identification card,
24license, or permit. The Secretary of State shall charge no fee
25to issue such card. The card shall be prepared and supplied by
26the Secretary of State, and shall include a photograph and

 

 

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1signature or mark of the applicant, a designation indicating
2that the card is an Illinois Person with a Disability
3Identification Card, and shall include a comprehensible
4designation of the type and classification of the applicant's
5disability as set out in Section 4A of this Act. However, the
6Secretary of State may provide by rule for the issuance of
7Illinois Person with a Disability Identification Cards without
8photographs if the applicant has a bona fide religious
9objection to being photographed or to the display of his or her
10photograph. If the applicant so requests, the card shall
11include a description of the applicant's disability and any
12information about the applicant's disability or medical
13history which the Secretary determines would be helpful to the
14applicant in securing emergency medical care. If a mark is used
15in lieu of a signature, such mark shall be affixed to the card
16in the presence of two witnesses who attest to the authenticity
17of the mark. The Illinois Person with a Disability
18Identification Card may be used for identification purposes in
19any lawful situation by the person to whom it was issued.
20    The Illinois Person with a Disability Identification Card
21may be used as adequate documentation of disability in lieu of
22a physician's determination of disability, a determination of
23disability from a physician assistant, a determination of
24disability from an advanced practice nurse, or any other
25documentation of disability whenever any State law requires
26that a person with a disability provide such documentation of

 

 

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1disability, however an Illinois Person with a Disability
2Identification Card shall not qualify the cardholder to
3participate in any program or to receive any benefit which is
4not available to all persons with like disabilities.
5Notwithstanding any other provisions of law, an Illinois Person
6with a Disability Identification Card, or evidence that the
7Secretary of State has issued an Illinois Person with a
8Disability Identification Card, shall not be used by any person
9other than the person named on such card to prove that the
10person named on such card is a person with a disability or for
11any other purpose unless the card is used for the benefit of
12the person named on such card, and the person named on such
13card consents to such use at the time the card is so used.
14    An optometrist's determination of a visual disability
15under Section 4A of this Act is acceptable as documentation for
16the purpose of issuing an Illinois Person with a Disability
17Identification Card.
18    When medical information is contained on an Illinois Person
19with a Disability Identification Card, the Office of the
20Secretary of State shall not be liable for any actions taken
21based upon that medical information.
22    (c) The Secretary of State shall provide that each original
23or renewal Illinois Identification Card or Illinois Person with
24a Disability Identification Card issued to a person under the
25age of 21 shall be of a distinct nature from those Illinois
26Identification Cards or Illinois Person with a Disability

 

 

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1Identification Cards issued to individuals 21 years of age or
2older. The color designated for Illinois Identification Cards
3or Illinois Person with a Disability Identification Cards for
4persons under the age of 21 shall be at the discretion of the
5Secretary of State.
6    (c-1) Each original or renewal Illinois Identification
7Card or Illinois Person with a Disability Identification Card
8issued to a person under the age of 21 shall display the date
9upon which the person becomes 18 years of age and the date upon
10which the person becomes 21 years of age.
11    (c-3) The General Assembly recognizes the need to identify
12military veterans living in this State for the purpose of
13ensuring that they receive all of the services and benefits to
14which they are legally entitled, including healthcare,
15education assistance, and job placement. To assist the State in
16identifying these veterans and delivering these vital services
17and benefits, the Secretary of State is authorized to issue
18Illinois Identification Cards and Illinois Person with a
19Disability Identification Cards with the word "veteran"
20appearing on the face of the cards. This authorization is
21predicated on the unique status of veterans. The Secretary may
22not issue any other identification card which identifies an
23occupation, status, affiliation, hobby, or other unique
24characteristics of the identification card holder which is
25unrelated to the purpose of the identification card.
26    (c-5) Beginning on or before July 1, 2015, the Secretary of

 

 

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1State shall designate a space on each original or renewal
2identification card where, at the request of the applicant, the
3word "veteran" shall be placed. The veteran designation shall
4be available to a person identified as a veteran under
5subsection (b) of Section 5 of this Act who was discharged or
6separated under honorable conditions.
7    (d) The Secretary of State may issue a Senior Citizen
8discount card, to any natural person who is a resident of the
9State of Illinois who is 60 years of age or older and who
10applies for such a card or renewal thereof. The Secretary of
11State shall charge no fee to issue such card. The card shall be
12issued in every county and applications shall be made available
13at, but not limited to, nutrition sites, senior citizen centers
14and Area Agencies on Aging. The applicant, upon receipt of such
15card and prior to its use for any purpose, shall have affixed
16thereon in the space provided therefor his signature or mark.
17    (e) The Secretary of State, in his or her discretion, may
18designate on each Illinois Identification Card or Illinois
19Person with a Disability Identification Card a space where the
20card holder may place a sticker or decal, issued by the
21Secretary of State, of uniform size as the Secretary may
22specify, that shall indicate in appropriate language that the
23card holder has renewed his or her Illinois Identification Card
24or Illinois Person with a Disability Identification Card.
25(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
2698-558, eff. 1-1-14; 98-756, eff. 7-16-14; 99-143, eff.

 

 

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17-27-15; 99-173, eff. 7-29-15; 99-305, eff. 1-1-16; revised
210-14-15.)
 
3    Section 10. The Unified Code of Corrections is amended by
4changing Sections 3-2.5-75 and 3-14-1 as follows:
 
5    (730 ILCS 5/3-2.5-75)
6    Sec. 3-2.5-75. Release from Department of Juvenile
7Justice.
8    (a) Upon release of a youth on aftercare, the Department
9shall return all property held for the youth, provide the youth
10with suitable clothing, and procure necessary transportation
11for the youth to his or her designated place of residence and
12employment. It may provide the youth with a grant of money for
13travel and expenses which may be paid in installments. The
14amount of the money grant shall be determined by the
15Department.
16    (b) Before a wrongfully imprisoned person, as defined in
17Section 3-1-2 of this Code, is discharged from the Department,
18the Department shall provide him or her with any documents
19necessary after discharge, including an identification card
20under subsection (e) of this Section.
21    (c) The Department of Juvenile Justice may establish and
22maintain, in any institution it administers, revolving funds to
23be known as "Travel and Allowances Revolving Funds". These
24revolving funds shall be used for advancing travel and expense

 

 

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1allowances to committed, released, and discharged youth. The
2moneys paid into these revolving funds shall be from
3appropriations to the Department for committed, released, and
4discharged prisoners.
5    (d) Upon the release of a youth on aftercare, the
6Department shall provide that youth with information
7concerning programs and services of the Department of Public
8Health to ascertain whether that youth has been exposed to the
9human immunodeficiency virus (HIV) or any identified causative
10agent of Acquired Immunodeficiency Syndrome (AIDS).
11    (e) Upon the release of a youth on aftercare or who has
12been wrongfully imprisoned, the Department shall verify the
13youth's full name, date of birth, and social security number,
14and provide that information to the Secretary of State for the
15purpose of issuing standard Illinois Identification Cards to
16released eligible individuals under Section 4 of the Illinois
17Identification Card Act. The Department shall also report
18annually to the Governor and the General Assembly the
19percentage of youths released from custody without a valid
20standard Illinois Identification Card. provide the youth who
21has met the criteria established by the Department with an
22identification card identifying the youth as being on aftercare
23or wrongfully imprisoned, as the case may be. The Department,
24in consultation with the Office of the Secretary of State,
25shall prescribe the form of the identification card, which may
26be similar to the form of the standard Illinois Identification

 

 

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1Card. The Department shall inform the youth that he or she may
2present the identification card to the Office of the Secretary
3of State upon application for a standard Illinois
4Identification Card in accordance with the Illinois
5Identification Card Act. The Department shall require the youth
6to pay a $1 fee for the identification card.
7    For purposes of a youth receiving an identification card
8issued by the Department under this subsection, the Department
9shall establish criteria that the youth must meet before the
10card is issued. It is the sole responsibility of the youth
11requesting the identification card issued by the Department to
12meet the established criteria. The youth's failure to meet the
13criteria is sufficient reason to deny the youth the
14identification card. An identification card issued by the
15Department under this subsection shall be valid for a period of
16time not to exceed 30 calendar days from the date the card is
17issued. The Department shall not be held civilly or criminally
18liable to anyone because of any act of any person utilizing a
19card issued by the Department under this subsection.
20    The Department shall adopt rules governing the issuance of
21identification cards to youth being released on aftercare or
22pardon.
23(Source: P.A. 98-558, eff. 1-1-14; 98-685, eff. 1-1-15.)
 
24    (730 ILCS 5/3-14-1)  (from Ch. 38, par. 1003-14-1)
25    Sec. 3-14-1. Release from the Institution.

 

 

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1    (a) Upon release of a person on parole, mandatory release,
2final discharge or pardon the Department shall return all
3property held for him, provide him with suitable clothing and
4procure necessary transportation for him to his designated
5place of residence and employment. It may provide such person
6with a grant of money for travel and expenses which may be paid
7in installments. The amount of the money grant shall be
8determined by the Department.
9    (a-1) The Department shall, before a wrongfully imprisoned
10person, as defined in Section 3-1-2 of this Code, is discharged
11from the Department, provide him or her with any documents
12necessary after discharge, including an identification card
13under subsection (e) of this Section.
14    (a-2) The Department of Corrections may establish and
15maintain, in any institution it administers, revolving funds to
16be known as "Travel and Allowances Revolving Funds". These
17revolving funds shall be used for advancing travel and expense
18allowances to committed, paroled, and discharged prisoners.
19The moneys paid into such revolving funds shall be from
20appropriations to the Department for Committed, Paroled, and
21Discharged Prisoners.
22    (b) (Blank).
23    (c) Except as otherwise provided in this Code, the
24Department shall establish procedures to provide written
25notification of any release of any person who has been
26convicted of a felony to the State's Attorney and sheriff of

 

 

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

 

 

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1    (c-1) (Blank).
2    (c-2) The Department shall establish procedures to provide
3notice to the Department of State Police of the release or
4discharge of persons convicted of violations of the
5Methamphetamine Control and Community Protection Act or a
6violation of the Methamphetamine Precursor Control Act. The
7Department of State Police shall make this information
8available to local, State, or federal law enforcement agencies
9upon request.
10    (c-5) If a person on parole or mandatory supervised release
11becomes a resident of a facility licensed or regulated by the
12Department of Public Health, the Illinois Department of Public
13Aid, or the Illinois Department of Human Services, the
14Department of Corrections shall provide copies of the following
15information to the appropriate licensing or regulating
16Department and the licensed or regulated facility where the
17person becomes a resident:
18        (1) The mittimus and any pre-sentence investigation
19    reports.
20        (2) The social evaluation prepared pursuant to Section
21    3-8-2.
22        (3) Any pre-release evaluation conducted pursuant to
23    subsection (j) of Section 3-6-2.
24        (4) Reports of disciplinary infractions and
25    dispositions.
26        (5) Any parole plan, including orders issued by the

 

 

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

 

 

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1has been wrongfully imprisoned, the Department shall verify the
2released person's full name, date of birth, and social security
3number, and provide that information to the Secretary of State
4for the purpose of issuing standard Illinois Identification
5Cards to released eligible individuals under Section 4 of the
6Illinois Identification Card Act. The Department shall also
7report annually to the Governor and the General Assembly the
8percentage of persons released from custody without a valid
9standard Illinois Identification Card provide the person who
10has met the criteria established by the Department with an
11identification card identifying the person as being on parole,
12mandatory supervised release, final discharge, pardon, or
13wrongfully imprisoned, as the case may be. The Department, in
14consultation with the Office of the Secretary of State, shall
15prescribe the form of the identification card, which may be
16similar to the form of the standard Illinois Identification
17Card. The Department shall inform the committed person that he
18or she may present the identification card to the Office of the
19Secretary of State upon application for a standard Illinois
20Identification Card in accordance with the Illinois
21Identification Card Act. The Department shall require the
22committed person to pay a $1 fee for the identification card.
23    For purposes of a committed person receiving an
24identification card issued by the Department under this
25subsection, the Department shall establish criteria that the
26committed person must meet before the card is issued. It is the

 

 

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1sole responsibility of the committed person requesting the
2identification card issued by the Department to meet the
3established criteria. The person's failure to meet the criteria
4is sufficient reason to deny the committed person the
5identification card. An identification card issued by the
6Department under this subsection shall be valid for a period of
7time not to exceed 30 calendar days from the date the card is
8issued. The Department shall not be held civilly or criminally
9liable to anyone because of any act of any person utilizing a
10card issued by the Department under this subsection.
11    The Department shall adopt rules governing the issuance of
12identification cards to committed persons being released on
13parole, mandatory supervised release, final discharge, or
14pardon.
15    (f) Forty-five days prior to the scheduled discharge of a
16person committed to the custody of the Department of
17Corrections, the Department shall give the person who is
18otherwise uninsured an opportunity to apply for health care
19coverage including medical assistance under Article V of the
20Illinois Public Aid Code in accordance with subsection (b) of
21Section 1-8.5 of the Illinois Public Aid Code, and the
22Department of Corrections shall provide assistance with
23completion of the application for health care coverage
24including medical assistance. The Department may adopt rules to
25implement this Section.
26(Source: P.A. 98-267, eff. 1-1-14; 99-415, eff. 8-20-15.)