SB3368 EngrossedLRB099 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 Sections 4 and 12 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, or who applies for a standard Illinois Identification
12Card upon release as a committed person on parole, mandatory
13supervised release, aftercare release, final discharge, or
14pardon from the Department of Corrections or Department of
15Juvenile Justice by submitting an identification card issued by
16the Department of Corrections or Department of Juvenile Justice
17under Section 3-14-1 or Section 3-2.5-70 of the Unified Code of
18Corrections, together with the prescribed fees. No
19identification card shall be issued to any person who holds a
20valid foreign state identification card, license, or permit
21unless the person first surrenders to the Secretary of State
22the valid foreign state identification card, license, or
23permit. The card shall be prepared and supplied by the

 

 

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1Secretary of State and shall include a photograph and signature
2or mark of the applicant. However, the Secretary of State may
3provide by rule for the issuance of Illinois Identification
4Cards without photographs if the applicant has a bona fide
5religious objection to being photographed or to the display of
6his or her photograph. The Illinois Identification Card may be
7used for identification purposes in any lawful situation only
8by the person to whom it was issued. As used in this Act,
9"photograph" means any color photograph or digitally produced
10and captured image of an applicant for an identification card.
11As used in this Act, "signature" means the name of a person as
12written by that person and captured in a manner acceptable to
13the Secretary of State.
14    (a-5) If an applicant for an identification card has a
15current driver's license or instruction permit issued by the
16Secretary of State, the Secretary may require the applicant to
17utilize the same residence address and name on the
18identification card, driver's license, and instruction permit
19records maintained by the Secretary. The Secretary may
20promulgate rules to implement this provision.
21    (a-10) If the applicant is a judicial officer as defined in
22Section 1-10 of the Judicial Privacy Act or a peace officer,
23the applicant may elect to have his or her office or work
24address listed on the card instead of the applicant's residence
25or mailing address. The Secretary may promulgate rules to
26implement this provision. For the purposes of this subsection

 

 

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1(a-10), "peace officer" means any person who by virtue of his
2or her office or public employment is vested by law with a duty
3to maintain public order or to make arrests for a violation of
4any penal statute of this State, whether that duty extends to
5all violations or is limited to specific violations.
6    (a-15) The Secretary of State may provide for an expedited
7process for the issuance of an Illinois Identification Card.
8The Secretary shall charge an additional fee for the expedited
9issuance of an Illinois Identification Card, to be set by rule,
10not to exceed $75. All fees collected by the Secretary for
11expedited Illinois Identification Card service shall be
12deposited into the Secretary of State Special Services Fund.
13The Secretary may adopt rules regarding the eligibility,
14process, and fee for an expedited Illinois Identification Card.
15If the Secretary of State determines that the volume of
16expedited identification card requests received on a given day
17exceeds the ability of the Secretary to process those requests
18in an expedited manner, the Secretary may decline to provide
19expedited services, and the additional fee for the expedited
20service shall be refunded to the applicant.
21    (a-20) The Secretary of State shall issue a standard
22Illinois Identification Card to a committed person upon release
23on parole, mandatory supervised release, aftercare release,
24final discharge, or pardon from the Department of Corrections
25or Department of Juvenile Justice, if the released person
26presents a certified copy of his or her birth certificate,

 

 

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1social security card, and 2 documents proving his or her
2Illinois residence address. Documents proving residence
3address may include any official document of the Department of
4Corrections or the Department of Juvenile Justice showing the
5released person's address after release and a Secretary of
6State prescribed certificate of residency form, which may be
7executed by Department of Corrections or Department of Juvenile
8Justice personnel.
9    (a-25) The Secretary of State shall issue a limited-term
10Illinois Identification Card valid for 90 days to a committed
11person upon release on parole, mandatory supervised release,
12aftercare release, final discharge, or pardon from the
13Department of Corrections or Department of Juvenile Justice, if
14the released person is unable to present a certified copy of
15his or her birth certificate and social security card, but does
16present a Secretary of State prescribed verification form
17completed by the Department of Corrections or Department of
18Juvenile Justice, verifying the released person's date of birth
19and social security number and 2 documents proving his or her
20Illinois residence address. The verification form must have
21been completed no more than 30 days prior to the date of
22application for the Illinois Identification Card. Documents
23proving residence address shall include any official document
24of the Department of Corrections or the Department of Juvenile
25Justice showing the person's address after release and a
26Secretary of State prescribed certificate of residency, which

 

 

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1may be executed by Department of Corrections or Department of
2Juvenile Justice personnel.
3    Prior to the expiration of the 90-day period of the
4limited-term Illinois Identification Card, if the released
5person submits to the Secretary of State a certified copy of
6his or her birth certificate and his or her social security
7card, a standard Illinois Identification Card shall be issued.
8A limited-term Illinois Identification Card may not be renewed.
9    (b) The Secretary of State shall issue a special Illinois
10Identification Card, which shall be known as an Illinois Person
11with a Disability Identification Card, to any natural person
12who is a resident of the State of Illinois, who is a person
13with a disability as defined in Section 4A of this Act, who
14applies for such card, or renewal thereof. No Illinois Person
15with a Disability Identification Card shall be issued to any
16person who holds a valid foreign state identification card,
17license, or permit unless the person first surrenders to the
18Secretary of State the valid foreign state identification card,
19license, or permit. The Secretary of State shall charge no fee
20to issue such card. The card shall be prepared and supplied by
21the Secretary of State, and shall include a photograph and
22signature or mark of the applicant, a designation indicating
23that the card is an Illinois Person with a Disability
24Identification Card, and shall include a comprehensible
25designation of the type and classification of the applicant's
26disability as set out in Section 4A of this Act. However, the

 

 

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1Secretary of State may provide by rule for the issuance of
2Illinois Person with a Disability Identification Cards without
3photographs if the applicant has a bona fide religious
4objection to being photographed or to the display of his or her
5photograph. If the applicant so requests, the card shall
6include a description of the applicant's disability and any
7information about the applicant's disability or medical
8history which the Secretary determines would be helpful to the
9applicant in securing emergency medical care. If a mark is used
10in lieu of a signature, such mark shall be affixed to the card
11in the presence of two witnesses who attest to the authenticity
12of the mark. The Illinois Person with a Disability
13Identification Card may be used for identification purposes in
14any lawful situation by the person to whom it was issued.
15    The Illinois Person with a Disability Identification Card
16may be used as adequate documentation of disability in lieu of
17a physician's determination of disability, a determination of
18disability from a physician assistant, a determination of
19disability from an advanced practice nurse, or any other
20documentation of disability whenever any State law requires
21that a person with a disability provide such documentation of
22disability, however an Illinois Person with a Disability
23Identification Card shall not qualify the cardholder to
24participate in any program or to receive any benefit which is
25not available to all persons with like disabilities.
26Notwithstanding any other provisions of law, an Illinois Person

 

 

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

 

 

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

 

 

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1separated under honorable conditions.
2    (d) The Secretary of State may issue a Senior Citizen
3discount card, to any natural person who is a resident of the
4State of Illinois who is 60 years of age or older and who
5applies for such a card or renewal thereof. The Secretary of
6State shall charge no fee to issue such card. The card shall be
7issued in every county and applications shall be made available
8at, but not limited to, nutrition sites, senior citizen centers
9and Area Agencies on Aging. The applicant, upon receipt of such
10card and prior to its use for any purpose, shall have affixed
11thereon in the space provided therefor his signature or mark.
12    (e) The Secretary of State, in his or her discretion, may
13designate on each Illinois Identification Card or Illinois
14Person with a Disability Identification Card a space where the
15card holder may place a sticker or decal, issued by the
16Secretary of State, of uniform size as the Secretary may
17specify, that shall indicate in appropriate language that the
18card holder has renewed his or her Illinois Identification Card
19or Illinois Person with a Disability Identification Card.
20(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
2198-558, eff. 1-1-14; 98-756, eff. 7-16-14; 99-143, eff.
227-27-15; 99-173, eff. 7-29-15; 99-305, eff. 1-1-16; revised
2310-14-15.)
 
24    (15 ILCS 335/12)  (from Ch. 124, par. 32)
25    Sec. 12. Fees concerning Standard Illinois Identification

 

 

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1Cards. The fees required under this Act for standard Illinois
2Identification Cards must accompany any application provided
3for in this Act, and the Secretary shall collect such fees as
4follows:
5    a. Original card...............................$20
6    b. Renewal card................................20
7    c. Corrected card..............................10
8    d. Duplicate card..............................20
9    e. Certified copy with seal ...................5
10    f. Search .....................................2
11    g. Applicant 65 years of age or over ..........No Fee
12    h. (Blank) ....................................
13    i. Individual living in Veterans
14        Home or Hospital ...........................No Fee
15    j. Original card under 18 years of age..........$10
16    k. Renewal card under 18 years of age...........$10
17    l. Corrected card under 18 years of age.........$5
18    m. Duplicate card under 18 years of age.........$10
19    n. Homeless person..............................No Fee
20    o. Duplicate card issued to an active-duty
21        member of the United States Armed Forces, the
22        member's spouse, or dependent children
23        living with the member......................No Fee
24    p. Original card issued to a committed
25        person upon release on parole,
26        mandatory supervised release,

 

 

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1        aftercare release, final
2        discharge, or pardon from the
3        Department of Corrections or
4        Department of Juvenile Justice..............No Fee
5    q. Limited-term Illinois Identification
6        Card issued to a committed person
7        upon release on parole, mandatory
8        supervised release, aftercare
9        release, final discharge, or pardon
10        from the Department of
11        Corrections or Department of
12        Juvenile Justice............................ No Fee
13    All fees collected under this Act shall be paid into the
14Road Fund of the State treasury, except that the following
15amounts shall be paid into the General Revenue Fund: (i) 80% of
16the fee for an original, renewal, or duplicate Illinois
17Identification Card issued on or after January 1, 2005; and
18(ii) 80% of the fee for a corrected Illinois Identification
19Card issued on or after January 1, 2005.
20    An individual, who resides in a veterans home or veterans
21hospital operated by the state or federal government, who makes
22an application for an Illinois Identification Card to be issued
23at no fee, must submit, along with the application, an
24affirmation by the applicant on a form provided by the
25Secretary of State, that such person resides in a veterans home
26or veterans hospital operated by the state or federal

 

 

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1government.
2    The application of a homeless individual for an Illinois
3Identification Card to be issued at no fee must be accompanied
4by an affirmation by a qualified person, as defined in Section
54C of this Act, on a form provided by the Secretary of State,
6that the applicant is currently homeless as defined in Section
71A of this Act.
8    The fee for any duplicate identification card shall be
9waived for any person who presents the Secretary of State's
10Office with a police report showing that his or her
11identification card was stolen.
12    The fee for any duplicate identification card shall be
13waived for any person age 60 or older whose identification card
14has been lost or stolen.
15    As used in this Section, "active-duty member of the United
16States Armed Forces" means a member of the Armed Services or
17Reserve Forces of the United States or a member of the Illinois
18National Guard who is called to active duty pursuant to an
19executive order of the President of the United States, an act
20of the Congress of the United States, or an order of the
21Governor.
22(Source: P.A. 96-183, eff. 7-1-10; 96-1231, eff. 7-23-10;
2397-333, eff. 8-12-11; 97-1064, eff. 1-1-13.)
 
24    Section 10. The Unified Code of Corrections is amended by
25changing Sections 3-2.5-75 and 3-14-1 as follows:
 

 

 

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

 

 

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1Department shall provide that youth with information
2concerning programs and services of the Department of Public
3Health to ascertain whether that youth has been exposed to the
4human immunodeficiency virus (HIV) or any identified causative
5agent of Acquired Immunodeficiency Syndrome (AIDS).
6    (e) Upon the release of a youth on aftercare or who has
7been wrongfully imprisoned, the Department shall verify the
8youth's full name, date of birth, and social security number.
9If verification is made by the Department by obtaining a
10certified copy of the youth's birth certificate and the youth's
11social security card, the Department shall provide the birth
12certificate and social security card to the youth. If
13verification is done by means other than obtaining a certified
14copy of the youth's birth certificate and the youth's social
15security card, the Department shall complete a verification
16form, prescribed by the Secretary of State and shall provide
17that verification form to the youth. provide the youth who has
18met the criteria established by the Department with an
19identification card identifying the youth as being on aftercare
20or wrongfully imprisoned, as the case may be. The Department,
21in consultation with the Office of the Secretary of State,
22shall prescribe the form of the identification card, which may
23be similar to the form of the standard Illinois Identification
24Card. The Department shall inform the youth that he or she may
25present the identification card to the Office of the Secretary
26of State upon application for a standard Illinois

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1a certified copy of the released person's birth certificate and
2the released person's social security card, the Department
3shall provide the birth certificate and social security card to
4the released person. If verification by the Department is done
5by means other than obtaining a certified copy of the released
6person's birth certificate and the released person's social
7security card, the Department shall complete a verification
8form, prescribed by the Secretary of State, and shall provide
9that verification form to the released person. provide the
10person who has met the criteria established by the Department
11with an identification card identifying the person as being on
12parole, mandatory supervised release, final discharge, pardon,
13or wrongfully imprisoned, as the case may be. The Department,
14in consultation with the Office of the Secretary of State,
15shall prescribe the form of the identification card, which may
16be similar 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.)
 

 

 

SB3368 Engrossed- 22 -LRB099 20789 RLC 45471 b

1    Section 99. Effective date. This Act takes effect July 1,
22017.