Full Text of HB3653 101st General Assembly
HB3653eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing 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, | 9 | | final
discharge or pardon the Department shall return all | 10 | | property held for
him, provide him with suitable clothing and | 11 | | procure necessary
transportation for him to his designated | 12 | | place of residence and
employment. It may provide such person | 13 | | with a grant of money for travel and
expenses which may be paid | 14 | | in installments. The amount of the money grant
shall be | 15 | | determined by the Department.
| 16 | | (a-1) The Department shall, before a wrongfully imprisoned | 17 | | person, as defined in Section 3-1-2 of this Code, is discharged | 18 | | from the Department, provide him or her with any documents | 19 | | necessary after discharge. | 20 | | (a-2) The Department of Corrections may establish and | 21 | | maintain, in any institution
it administers, revolving funds to | 22 | | be known as "Travel and Allowances Revolving
Funds". These | 23 | | revolving funds shall be used for advancing travel and expense
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| 1 | | allowances to committed, paroled, and discharged prisoners. | 2 | | The moneys
paid into such revolving funds shall be from | 3 | | appropriations to the Department
for Committed, Paroled, and | 4 | | Discharged Prisoners.
| 5 | | (b) (Blank).
| 6 | | (c) Except as otherwise provided in this Code, the | 7 | | Department shall
establish procedures to provide written | 8 | | notification of any release of any
person who has been | 9 | | convicted of a felony to the State's Attorney
and sheriff of | 10 | | the county from which the offender was committed, and the
| 11 | | State's Attorney and sheriff of the county into which the | 12 | | offender is to be
paroled or released. Except as otherwise | 13 | | provided in this Code, the
Department shall establish | 14 | | procedures to provide written notification to
the proper law | 15 | | enforcement agency for any municipality of any release of any
| 16 | | person who has been convicted of a felony if the arrest of the | 17 | | offender or the
commission of the offense took place in the | 18 | | municipality, if the offender is to
be paroled or released into | 19 | | the municipality, or if the offender resided in the
| 20 | | municipality at the time of the commission of the offense. If a | 21 | | person
convicted of a felony who is in the custody of the | 22 | | Department of Corrections or
on parole or mandatory supervised | 23 | | release informs the Department that he or she
has resided, | 24 | | resides, or will
reside at an address that is a housing | 25 | | facility owned, managed,
operated, or leased by a public | 26 | | housing agency, the Department must send
written notification |
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| 1 | | of that information to the public housing agency that
owns, | 2 | | manages, operates, or leases the housing facility. The written
| 3 | | notification shall, when possible, be given at least 14 days | 4 | | before release of
the person from custody, or as soon | 5 | | thereafter as possible. The written notification shall be | 6 | | provided electronically if the State's Attorney, sheriff, | 7 | | proper law enforcement agency, or public housing agency has | 8 | | provided the Department with an accurate and up to date email | 9 | | address.
| 10 | | (c-1) (Blank). | 11 | | (c-2) The Department shall establish procedures to provide | 12 | | notice to the Department of State Police of the release or | 13 | | discharge of persons convicted of violations of the | 14 | | Methamphetamine Control and Community
Protection Act or a | 15 | | violation of the Methamphetamine Precursor Control Act. The | 16 | | Department of State Police shall make this information | 17 | | available to local, State, or federal law enforcement agencies | 18 | | upon request. | 19 | | (c-5) If a person on parole or mandatory supervised release | 20 | | becomes a resident of a facility licensed or regulated by the | 21 | | Department of Public Health, the Illinois Department of Public | 22 | | Aid, or the Illinois Department of Human Services, the | 23 | | Department of Corrections shall provide copies of the following | 24 | | information to the appropriate licensing or regulating | 25 | | Department and the licensed or regulated facility where the | 26 | | person 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 | 15 | | person becoming a resident of the facility.
| 16 | | (c-10) If a person on parole or mandatory supervised | 17 | | release becomes a resident of a facility licensed or regulated | 18 | | by the Department of Public Health, the Illinois Department of | 19 | | Public Aid, or the Illinois Department of Human Services, the | 20 | | Department of Corrections shall provide written notification | 21 | | of 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 | 26 | | person becoming a resident of the facility.
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| 1 | | (d) Upon the release of a committed person on parole, | 2 | | mandatory
supervised release, final discharge or pardon, the | 3 | | Department shall provide
such person with information | 4 | | concerning programs and services of the
Illinois Department of | 5 | | Public Health to ascertain whether such person has
been exposed | 6 | | to the human immunodeficiency virus (HIV) or any identified
| 7 | | causative agent of Acquired Immunodeficiency Syndrome (AIDS).
| 8 | | (e) Upon the release of a committed person on parole, | 9 | | mandatory supervised
release, final discharge, pardon, or who | 10 | | has been wrongfully imprisoned, the Department shall verify the | 11 | | released person's full name, date of birth, and social security | 12 | | number. If verification is made by the Department by obtaining | 13 | | a certified copy of the released person's birth certificate and | 14 | | the released person's social security card or other documents | 15 | | authorized by the Secretary, the Department shall provide the | 16 | | birth certificate and social security card or other documents | 17 | | authorized by the Secretary to the released person. If | 18 | | verification by the Department is done by means other than | 19 | | obtaining a certified copy of the released person's birth | 20 | | certificate and the released person's social security card or | 21 | | other documents authorized by the Secretary, the Department | 22 | | shall complete a verification form, prescribed by the Secretary | 23 | | of State, and shall provide that verification form to the | 24 | | released person.
| 25 | | (f) Forty-five days prior to the scheduled discharge of a | 26 | | person committed to the custody of the Department of |
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| 1 | | Corrections, 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; | 5 | | 99-907, eff. 7-1-17 .)
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