SB3368sam002 99TH GENERAL ASSEMBLY

Sen. Karen McConnaughay

Filed: 4/8/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3368

2    AMENDMENT NO. ______. Amend Senate Bill 3368 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1under Section 3-14-1 or Section 3-2.5-70 of the Unified Code of
2Corrections, together with the prescribed fees. No
3identification card shall be issued to any person who holds a
4valid foreign state identification card, license, or permit
5unless the person first surrenders to the Secretary of State
6the valid foreign state identification card, license, or
7permit. The card shall be prepared and supplied by the
8Secretary of State and shall include a photograph and signature
9or mark of the applicant. However, the Secretary of State may
10provide by rule for the issuance of Illinois Identification
11Cards without photographs if the applicant has a bona fide
12religious objection to being photographed or to the display of
13his or her photograph. The Illinois Identification Card may be
14used for identification purposes in any lawful situation only
15by the person to whom it was issued. As used in this Act,
16"photograph" means any color photograph or digitally produced
17and captured image of an applicant for an identification card.
18As used in this Act, "signature" means the name of a person as
19written by that person and captured in a manner acceptable to
20the Secretary of State.
21    (a-5) If an applicant for an identification card has a
22current driver's license or instruction permit issued by the
23Secretary of State, the Secretary may require the applicant to
24utilize the same residence address and name on the
25identification card, driver's license, and instruction permit
26records maintained by the Secretary. The Secretary may

 

 

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

 

 

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1service shall be refunded to the applicant.
2    (a-20) The Secretary of State shall issue a standard
3Illinois Identification Card to a committed person upon release
4on parole, mandatory supervised release, aftercare release,
5final discharge, or pardon from the Department of Corrections
6or Department of Juvenile Justice, if the released person
7presents a certified copy of his or her birth certificate,
8social security card, and 2 documents proving his or her
9Illinois residence address. Documents proving residence
10address may include any official document of the Department of
11Corrections or the Department of Juvenile Justice showing the
12released person's address after release and a Secretary of
13State prescribed certificate of residency form, which may be
14executed by Department of Corrections or Department of Juvenile
15Justice personnel.
16    (a-25) The Secretary of State shall issue a limited-term
17Illinois Identification Card valid for 90 days to a committed
18person upon release on parole, mandatory supervised release,
19aftercare release, final discharge, or pardon from the
20Department of Corrections or Department of Juvenile Justice, if
21the released person is unable to present a certified copy of
22his or her birth certificate and social security card, but does
23present a Secretary of State prescribed verification form
24completed by the Department of Corrections or Department of
25Juvenile Justice, verifying the released person's date of birth
26and social security number and 2 documents proving his or her

 

 

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1Illinois residence address. The verification form must have
2been completed no more than 30 days prior to the date of
3application for the Illinois Identification Card. Documents
4proving residence address shall include any official document
5of the Department of Corrections or the Department of Juvenile
6Justice showing the person's address after release and a
7Secretary of State prescribed certificate of residency, which
8may be executed by Department of Corrections or Department of
9Juvenile Justice personnel.
10    Prior to the expiration of the 90-day period of the
11limited-term Illinois Identification Card, if the released
12person submits to the Secretary of State a certified copy of
13his or her birth certificate and his or her social security
14card, a standard Illinois Identification Card shall be issued.
15A limited-term Illinois Identification Card may not be renewed.
16    (b) The Secretary of State shall issue a special Illinois
17Identification Card, which shall be known as an Illinois Person
18with a Disability Identification Card, to any natural person
19who is a resident of the State of Illinois, who is a person
20with a disability as defined in Section 4A of this Act, who
21applies for such card, or renewal thereof. No Illinois Person
22with a Disability Identification Card shall be issued to any
23person who holds a valid foreign state identification card,
24license, or permit unless the person first surrenders to the
25Secretary of State the valid foreign state identification card,
26license, or permit. The Secretary of State shall charge no fee

 

 

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

 

 

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

 

 

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

 

 

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1unrelated to the purpose of the identification card.
2    (c-5) Beginning on or before July 1, 2015, the Secretary of
3State shall designate a space on each original or renewal
4identification card where, at the request of the applicant, the
5word "veteran" shall be placed. The veteran designation shall
6be available to a person identified as a veteran under
7subsection (b) of Section 5 of this Act who was discharged or
8separated under honorable conditions.
9    (d) The Secretary of State may issue a Senior Citizen
10discount card, to any natural person who is a resident of the
11State of Illinois who is 60 years of age or older and who
12applies for such a card or renewal thereof. The Secretary of
13State shall charge no fee to issue such card. The card shall be
14issued in every county and applications shall be made available
15at, but not limited to, nutrition sites, senior citizen centers
16and Area Agencies on Aging. The applicant, upon receipt of such
17card and prior to its use for any purpose, shall have affixed
18thereon in the space provided therefor his signature or mark.
19    (e) The Secretary of State, in his or her discretion, may
20designate on each Illinois Identification Card or Illinois
21Person with a Disability Identification Card a space where the
22card holder may place a sticker or decal, issued by the
23Secretary of State, of uniform size as the Secretary may
24specify, that shall indicate in appropriate language that the
25card holder has renewed his or her Illinois Identification Card
26or Illinois Person with a Disability Identification Card.

 

 

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1(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
298-558, eff. 1-1-14; 98-756, eff. 7-16-14; 99-143, eff.
37-27-15; 99-173, eff. 7-29-15; 99-305, eff. 1-1-16; revised
410-14-15.)
 
5    (15 ILCS 335/12)  (from Ch. 124, par. 32)
6    Sec. 12. Fees concerning Standard Illinois Identification
7Cards. The fees required under this Act for standard Illinois
8Identification Cards must accompany any application provided
9for in this Act, and the Secretary shall collect such fees as
10follows:
11    a. Original card...............................$20
12    b. Renewal card................................20
13    c. Corrected card..............................10
14    d. Duplicate card..............................20
15    e. Certified copy with seal ...................5
16    f. Search .....................................2
17    g. Applicant 65 years of age or over ..........No Fee
18    h. (Blank) ....................................
19    i. Individual living in Veterans
20        Home or Hospital ...........................No Fee
21    j. Original card under 18 years of age..........$10
22    k. Renewal card under 18 years of age...........$10
23    l. Corrected card under 18 years of age.........$5
24    m. Duplicate card under 18 years of age.........$10
25    n. Homeless person..............................No Fee

 

 

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1    o. Duplicate card issued to an active-duty
2        member of the United States Armed Forces, the
3        member's spouse, or dependent children
4        living with the member......................No Fee
5    p. Original card issued to a committed
6        person upon release on parole,
7        mandatory supervised release,
8        aftercare release, final
9        discharge, or pardon from the
10        Department of Corrections or
11        Department of Juvenile Justice..............No Fee
12    q. Limited-term Illinois Identification
13        card issued to a committed person
14        upon release on parole, mandatory
15        supervised release, aftercare
16        release, final discharge, or pardon
17        from the Department of
18        Corrections or Department of
19        Juvenile Justice............................ No Fee
20    All fees collected under this Act shall be paid into the
21Road Fund of the State treasury, except that the following
22amounts shall be paid into the General Revenue Fund: (i) 80% of
23the fee for an original, renewal, or duplicate Illinois
24Identification Card issued on or after January 1, 2005; and
25(ii) 80% of the fee for a corrected Illinois Identification
26Card issued on or after January 1, 2005.

 

 

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1    An individual, who resides in a veterans home or veterans
2hospital operated by the state or federal government, who makes
3an application for an Illinois Identification Card to be issued
4at no fee, must submit, along with the application, an
5affirmation by the applicant on a form provided by the
6Secretary of State, that such person resides in a veterans home
7or veterans hospital operated by the state or federal
8government.
9    The application of a homeless individual for an Illinois
10Identification Card to be issued at no fee must be accompanied
11by an affirmation by a qualified person, as defined in Section
124C of this Act, on a form provided by the Secretary of State,
13that the applicant is currently homeless as defined in Section
141A of this Act.
15    The fee for any duplicate identification card shall be
16waived for any person who presents the Secretary of State's
17Office with a police report showing that his or her
18identification card was stolen.
19    The fee for any duplicate identification card shall be
20waived for any person age 60 or older whose identification card
21has been lost or stolen.
22    As used in this Section, "active-duty member of the United
23States Armed Forces" means a member of the Armed Services or
24Reserve Forces of the United States or a member of the Illinois
25National Guard who is called to active duty pursuant to an
26executive order of the President of the United States, an act

 

 

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1of the Congress of the United States, or an order of the
2Governor.
3(Source: P.A. 96-183, eff. 7-1-10; 96-1231, eff. 7-23-10;
497-333, eff. 8-12-11; 97-1064, eff. 1-1-13.)
 
5    Section 10. The Unified Code of Corrections is amended by
6changing Sections 3-2.5-75 and 3-14-1 as follows:
 
7    (730 ILCS 5/3-2.5-75)
8    Sec. 3-2.5-75. Release from Department of Juvenile
9Justice.
10    (a) Upon release of a youth on aftercare, the Department
11shall return all property held for the youth, provide the youth
12with suitable clothing, and procure necessary transportation
13for the youth to his or her designated place of residence and
14employment. It may provide the youth with a grant of money for
15travel and expenses which may be paid in installments. The
16amount of the money grant shall be determined by the
17Department.
18    (b) Before a wrongfully imprisoned person, as defined in
19Section 3-1-2 of this Code, is discharged from the Department,
20the Department shall provide him or her with any documents
21necessary after discharge, including an identification card
22under subsection (e) of this Section.
23    (c) The Department of Juvenile Justice may establish and
24maintain, in any institution it administers, revolving funds to

 

 

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1be known as "Travel and Allowances Revolving Funds". These
2revolving funds shall be used for advancing travel and expense
3allowances to committed, released, and discharged youth. The
4moneys paid into these revolving funds shall be from
5appropriations to the Department for committed, released, and
6discharged prisoners.
7    (d) Upon the release of a youth on aftercare, the
8Department shall provide that youth with information
9concerning programs and services of the Department of Public
10Health to ascertain whether that youth has been exposed to the
11human immunodeficiency virus (HIV) or any identified causative
12agent of Acquired Immunodeficiency Syndrome (AIDS).
13    (e) Upon the release of a youth on aftercare or who has
14been wrongfully imprisoned, the Department shall verify the
15youth's full name, date of birth, and social security number.
16If verification is made by the Department by obtaining a
17certified copy of the youth's birth certificate and the youth's
18social security card, the Department shall provide the birth
19certificate and social security card to the youth. If
20verification is done by means other than obtaining a certified
21copy of the youth's birth certificate and the youth's social
22security card, the Department shall complete a verification
23form, prescribed by the Secretary of State and shall provide
24that verification form to the youth. provide the youth who has
25met the criteria established by the Department with an
26identification card identifying the youth as being on aftercare

 

 

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1or wrongfully imprisoned, as the case may be. The Department,
2in consultation with the Office of the Secretary of State,
3shall prescribe the form of the identification card, which may
4be similar to the form of the standard Illinois Identification
5Card. The Department shall inform the youth that he or she may
6present the identification card to the Office of the Secretary
7of State upon application for a standard Illinois
8Identification Card in accordance with the Illinois
9Identification Card Act. The Department shall require the youth
10to pay a $1 fee for the identification card.
11    For purposes of a youth receiving an identification card
12issued by the Department under this subsection, the Department
13shall establish criteria that the youth must meet before the
14card is issued. It is the sole responsibility of the youth
15requesting the identification card issued by the Department to
16meet the established criteria. The youth's failure to meet the
17criteria is sufficient reason to deny the youth the
18identification card. An identification card issued by the
19Department under this subsection shall be valid for a period of
20time not to exceed 30 calendar days from the date the card is
21issued. The Department shall not be held civilly or criminally
22liable to anyone because of any act of any person utilizing a
23card issued by the Department under this subsection.
24    The Department shall adopt rules governing the issuance of
25identification cards to youth being released on aftercare or
26pardon.

 

 

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1(Source: P.A. 98-558, eff. 1-1-14; 98-685, eff. 1-1-15.)
 
2    (730 ILCS 5/3-14-1)  (from Ch. 38, par. 1003-14-1)
3    Sec. 3-14-1. Release from the Institution.
4    (a) Upon release of a person on parole, mandatory release,
5final discharge or pardon the Department shall return all
6property held for him, provide him with suitable clothing and
7procure necessary transportation for him to his designated
8place of residence and employment. It may provide such person
9with a grant of money for travel and expenses which may be paid
10in installments. The amount of the money grant shall be
11determined by the Department.
12    (a-1) The Department shall, before a wrongfully imprisoned
13person, as defined in Section 3-1-2 of this Code, is discharged
14from the Department, provide him or her with any documents
15necessary after discharge, including an identification card
16under subsection (e) of this Section.
17    (a-2) The Department of Corrections 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, paroled, and discharged prisoners.
22The moneys paid into such revolving funds shall be from
23appropriations to the Department for Committed, Paroled, and
24Discharged Prisoners.
25    (b) (Blank).

 

 

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

 

 

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1provided electronically if the State's Attorney, sheriff,
2proper law enforcement agency, or public housing agency has
3provided the Department with an accurate and up to date email
4address.
5    (c-1) (Blank).
6    (c-2) The Department shall establish procedures to provide
7notice to the Department of State Police of the release or
8discharge of persons convicted of violations of the
9Methamphetamine Control and Community Protection Act or a
10violation of the Methamphetamine Precursor Control Act. The
11Department of State Police shall make this information
12available to local, State, or federal law enforcement agencies
13upon request.
14    (c-5) If a person on parole or mandatory supervised release
15becomes a resident of a facility licensed or regulated by the
16Department of Public Health, the Illinois Department of Public
17Aid, or the Illinois Department of Human Services, the
18Department of Corrections shall provide copies of the following
19information to the appropriate licensing or regulating
20Department and the licensed or regulated facility where the
21person becomes a resident:
22        (1) The mittimus and any pre-sentence investigation
23    reports.
24        (2) The social evaluation prepared pursuant to Section
25    3-8-2.
26        (3) Any pre-release evaluation conducted pursuant to

 

 

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

 

 

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1to the human immunodeficiency virus (HIV) or any identified
2causative agent of Acquired Immunodeficiency Syndrome (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 the
6released person's full name, date of birth, and social security
7number. If verification is made by the Department by obtaining
8a certified copy of the released person's birth certificate and
9the released person's social security card, the Department
10shall provide the birth certificate and social security card to
11the released person. If verification by the Department is done
12by means other than obtaining a certified copy of the released
13person's birth certificate and the released person's social
14security card, the Department shall complete a verification
15form, prescribed by the Secretary of State, and shall provide
16that verification form to the released person. provide the
17person who has met the criteria established by the Department
18with an identification card identifying the person as being on
19parole, mandatory supervised release, final discharge, pardon,
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 committed person that he
25or she may present the identification card to the Office of the
26Secretary of 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
3committed person to pay a $1 fee for the identification card.
4    For purposes of a committed person receiving an
5identification card issued by the Department under this
6subsection, the Department shall establish criteria that the
7committed person must meet before the card is issued. It is the
8sole responsibility of the committed person requesting the
9identification card issued by the Department to meet the
10established criteria. The person's failure to meet the criteria
11is sufficient reason to deny the committed person the
12identification card. An identification card issued by the
13Department under this subsection shall be valid for a period of
14time not to exceed 30 calendar days from the date the card is
15issued. The Department shall not be held civilly or criminally
16liable to anyone because of any act of any person utilizing a
17card issued by the Department under this subsection.
18    The Department shall adopt rules governing the issuance of
19identification cards to committed persons being released on
20parole, mandatory supervised release, final discharge, or
21pardon.
22    (f) Forty-five days prior to the scheduled discharge of a
23person committed to the custody of the Department of
24Corrections, the Department shall give the person who is
25otherwise uninsured an opportunity to apply for health care
26coverage including medical assistance under Article V of the

 

 

09900SB3368sam002- 22 -LRB099 20789 RLC 47207 a

1Illinois Public Aid Code in accordance with subsection (b) of
2Section 1-8.5 of the Illinois Public Aid Code, and the
3Department of Corrections shall provide assistance with
4completion of the application for health care coverage
5including medical assistance. The Department may adopt rules to
6implement this Section.
7(Source: P.A. 98-267, eff. 1-1-14; 99-415, eff. 8-20-15.)
 
8    Section 99. Effective date. This Act takes effect July 1,
92017.".