Illinois General Assembly - Full Text of HB3653
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Full Text of HB3653  101st General Assembly

HB3653 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3653

 

Introduced , by Rep. Curtis J. Tarver II

 

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

    Amends the Unified Code of Corrections. Provides that 45 days prior to the scheduled discharge of a person committed to the custody of the Department of Corrections, the Department shall give the person: (1) information about voter registration and may distribute information prepared by the State Board of Elections and may enter into an interagency contract with the State Board of Elections to participate in the automatic voter registration program and be a designated automatic voter registration agency under the Election Code; and (2) information about registering to vote upon discharge from the correctional institution or facility if the person upon discharge would be homeless. Defines "homeless".


LRB101 05541 RLC 50557 b

 

 

A BILL FOR

 

HB3653LRB101 05541 RLC 50557 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 3-14-1 as follows:
 
6    (730 ILCS 5/3-14-1)  (from Ch. 38, par. 1003-14-1)
7    Sec. 3-14-1. Release from the institution.
8    (a) Upon release of a person on parole, mandatory release,
9final discharge or pardon the Department shall return all
10property held for him, provide him with suitable clothing and
11procure necessary transportation for him to his designated
12place of residence and employment. It may provide such person
13with a grant of money for travel and expenses which may be paid
14in installments. The amount of the money grant shall be
15determined by the Department.
16    (a-1) The Department shall, before a wrongfully imprisoned
17person, as defined in Section 3-1-2 of this Code, is discharged
18from the Department, provide him or her with any documents
19necessary after discharge.
20    (a-2) The Department of Corrections may establish and
21maintain, in any institution it administers, revolving funds to
22be known as "Travel and Allowances Revolving Funds". These
23revolving funds shall be used for advancing travel and expense

 

 

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

 

 

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1of that information to the public housing agency that owns,
2manages, operates, or leases the housing facility. The written
3notification shall, when possible, be given at least 14 days
4before release of the person from custody, or as soon
5thereafter as possible. The written notification shall be
6provided electronically if the State's Attorney, sheriff,
7proper law enforcement agency, or public housing agency has
8provided the Department with an accurate and up to date email
9address.
10    (c-1) (Blank).
11    (c-2) The Department shall establish procedures to provide
12notice to the Department of State Police of the release or
13discharge of persons convicted of violations of the
14Methamphetamine Control and Community Protection Act or a
15violation of the Methamphetamine Precursor Control Act. The
16Department of State Police shall make this information
17available to local, State, or federal law enforcement agencies
18upon request.
19    (c-5) If a person on parole or mandatory supervised release
20becomes a resident of a facility licensed or regulated by the
21Department of Public Health, the Illinois Department of Public
22Aid, or the Illinois Department of Human Services, the
23Department of Corrections shall provide copies of the following
24information to the appropriate licensing or regulating
25Department and the licensed or regulated facility where the
26person becomes a resident:

 

 

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1        (1) The mittimus and any pre-sentence investigation
2    reports.
3        (2) The social evaluation prepared pursuant to Section
4    3-8-2.
5        (3) Any pre-release evaluation conducted pursuant to
6    subsection (j) of Section 3-6-2.
7        (4) Reports of disciplinary infractions and
8    dispositions.
9        (5) Any parole plan, including orders issued by the
10    Prisoner Review Board, and any violation reports and
11    dispositions.
12        (6) The name and contact information for the assigned
13    parole agent and parole supervisor.
14    This information shall be provided within 3 days of the
15person becoming a resident of the facility.
16    (c-10) If a person on parole or mandatory supervised
17release becomes a resident of a facility licensed or regulated
18by the Department of Public Health, the Illinois Department of
19Public Aid, or the Illinois Department of Human Services, the
20Department of Corrections shall provide written notification
21of such residence to the following:
22        (1) The Prisoner Review Board.
23        (2) The chief of police and sheriff in the municipality
24    and county in which the licensed facility is located.
25    The notification shall be provided within 3 days of the
26person becoming a resident of the facility.

 

 

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1    (d) Upon the release of a committed person on parole,
2mandatory supervised release, final discharge or pardon, the
3Department shall provide such person with information
4concerning programs and services of the Illinois Department of
5Public Health to ascertain whether such person has been exposed
6to the human immunodeficiency virus (HIV) or any identified
7causative agent of Acquired Immunodeficiency Syndrome (AIDS).
8    (e) Upon the release of a committed person on parole,
9mandatory supervised release, final discharge, pardon, or who
10has been wrongfully imprisoned, the Department shall verify the
11released person's full name, date of birth, and social security
12number. If verification is made by the Department by obtaining
13a certified copy of the released person's birth certificate and
14the released person's social security card or other documents
15authorized by the Secretary, the Department shall provide the
16birth certificate and social security card or other documents
17authorized by the Secretary to the released person. If
18verification by the Department is done by means other than
19obtaining a certified copy of the released person's birth
20certificate and the released person's social security card or
21other documents authorized by the Secretary, the Department
22shall complete a verification form, prescribed by the Secretary
23of State, and shall provide that verification form to the
24released person.
25    (f) Forty-five days prior to the scheduled discharge of a
26person committed to the custody of the Department of

 

 

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1Corrections, the Department shall give the person:
2        (1) who is otherwise uninsured an opportunity to apply
3    for health care coverage including medical assistance
4    under Article V of the Illinois Public Aid Code in
5    accordance with subsection (b) of Section 1-8.5 of the
6    Illinois Public Aid Code, and the Department of Corrections
7    shall provide assistance with completion of the
8    application for health care coverage including medical
9    assistance;
10        (2) information informing the person that Section 2 of
11    Article III of the Illinois Constitution provides that the
12    right to vote of a person convicted of a felony shall be
13    restored not later than the completion of the person's
14    sentence and informing the person about voter registration
15    and shall distribute information prepared by the State
16    Board of Elections about voter registration. The
17    Department of Corrections may enter into an interagency
18    contract with the State Board of Elections to participate
19    in the automatic voter registration program and be a
20    designated automatic voter registration agency under
21    Section 1A-16.2 of the Election Code; and
22        (3) information about registering to vote upon
23    discharge from the correctional institution or facility if
24    the person upon discharge would be homeless. In this
25    paragraph (3), "homeless" means that the person has a
26    nontraditional residence, including, but not limited to, a

 

 

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1    shelter, day shelter, park bench, street corner, or space
2    under a bridge.
3    The Department may adopt rules to implement this Section.
4(Source: P.A. 98-267, eff. 1-1-14; 99-415, eff. 8-20-15;
599-907, eff. 7-1-17.)