Illinois General Assembly - Full Text of SB0828
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Full Text of SB0828  102nd General Assembly

SB0828ham001 102ND GENERAL ASSEMBLY

Rep. La Shawn K. Ford

Filed: 5/29/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 828

2    AMENDMENT NO. ______. Amend Senate Bill 828 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Election Code is amended by adding Section
51-18 and by changing Sections 3-5 and 19A-20 as follows:
 
6    (10 ILCS 5/1-18 new)
7    Sec. 1-18. Post-conviction voting.
8    (a) As used in this Section, "correctional institution"
9means any place used to house persons under State supervision,
10including, but not limited to, State, federal, or juvenile
11facilities, adult transition centers, halfway houses, and
12other reentry or rehabilitation programs.
13    (b) A person convicted of a felony, or otherwise under
14sentence in a correctional institution or jail, shall have his
15or her right to vote restored and shall be eligible to vote not
16later than 14 days following his or her conviction or not later

 

 

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1than 5 days before the first primary, general, consolidated,
2or special election immediately following his or her
3conviction, whichever is earlier. Persons under any form of
4State supervision who are disqualified from voting shall have
5their right to vote restored under this Section, including,
6but not limited to, persons incarcerated in State, federal, or
7juvenile facilities; persons on probation or parole; persons
8on work release; persons on furlough; persons released on
9electronic monitoring; persons housed in adult transition
10centers, halfway houses, or other reentry or rehabilitation
11programs; and persons owing court fines or fees. Persons may
12not be denied the right to vote because of a past criminal
13conviction.
14    (c) Each election authority shall collaborate with the
15correctional institution to facilitate an opportunity for
16voting by mail for voters eligible to vote in that election
17jurisdiction who are incarcerated in the correctional
18institution.
19    (d) Any person completing a voter registration application
20or submitting a change of address shall be notified of the
21option to receive a vote by mail ballot. Upon request of the
22elector, the registration shall serve as an application to
23receive an official vote by mail ballot and the individual
24need not complete an application. An elector who is a resident
25of a location covered by Section 203 of the federal Voting
26Rights Act of 1965 or local language access requirements must

 

 

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1be offered a voter registration application in a covered
2language and must be able to request a vote by mail ballot in
3the covered language. Upon processing the registration, the
4election authority shall provide the individual with an
5official ballot.
6    (e) All requirements of the federal Voting Rights Act of
71965, including Sections 203 and 208, State and local language
8access requirements, and the federal Americans with
9Disabilities Act and State and local disability access
10requirements shall apply to this Section. The correctional
11institution shall make available voter registration
12applications, vote by mail ballot applications, vote by mail
13ballots, and other election materials in the languages
14provided by the State Board of Elections and local election
15authorities.
16    (f) The correctional institution shall make available to a
17person in its custody resource materials current to an
18election, maintained by the State Board of Elections,
19containing detailed information regarding the voting rights of
20a person with a criminal conviction in the following formats:
21(1) in print; (2) on the correctional institution's website;
22and (3) in a visible location on the premises of each
23correctional institution where notices are customarily posted.
24The correctional institution shall provide resource materials
25to a person in its custody upon intake and release of the
26person on parole, mandatory supervised release, final

 

 

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1discharge, or pardon from the correctional institution.
2    (g) Compliance with this Section shall be monitored by a
3report published annually by the State Board of Elections, in
4coordination with correctional institutions, containing data,
5including numbers of voter registrations, vote by mail ballot
6applications, vote by mail ballots completed, ballots
7completed, voter education packets delivered, number and
8location of ballot drop boxes established, number and location
9of temporary polling places established, and other factors.
10    (h) A person who has left the place of the person's
11residence as part of the person's confinement in a
12correctional institution and who has not established another
13residence for voter registration purposes may not be
14considered to have changed or lost residence. The person may
15register to vote at the address of the place the person's
16residence was located before the person's confinement in a
17correctional institution.
 
18    (10 ILCS 5/3-5)  (from Ch. 46, par. 3-5)
19    Sec. 3-5. No person who has been legally convicted, in
20this or another state or in any federal court, of any crime,
21and is serving a sentence of confinement in any penal
22institution, or who has been convicted under any Section of
23this Code and is serving a sentence of confinement in any penal
24institution, shall vote, offer to vote, attempt to vote or be
25permitted to vote at any election until his release from

 

 

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1confinement.
2    Confinement for purposes of this Section shall include any
3person convicted and imprisoned but granted a furlough as
4provided by Section 3-11-1 of the Unified Code of Corrections,
5or admitted to a work release program as provided by Section
63-13-2 of the Unified Code of Corrections. Confinement shall
7not include any person convicted and imprisoned but released
8on parole.
9    Confinement or detention in a jail pending acquittal or
10conviction of a crime is not a disqualification for voting.
11(Source: P.A. 100-863, eff. 8-14-18.)
 
12    (10 ILCS 5/19A-20)
13    Sec. 19A-20. Temporary branch polling places.
14    (a) In addition to permanent polling places for early
15voting, the election authority may establish temporary branch
16polling places for early voting.
17    (b) The provisions of subsection (b) of Section 19A-15 do
18not apply to a temporary polling place. Voting at a temporary
19branch polling place may be conducted on any one or more days
20and during any hours within the period for early voting by
21personal appearance that are determined by the election
22authority.
23    (c) The schedules for conducting voting do not need to be
24uniform among the temporary branch polling places.
25    (d) The legal rights and remedies which inure to the owner

 

 

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1or lessor of private property are not impaired or otherwise
2affected by the leasing of the property for use as a temporary
3branch polling place for early voting, except to the extent
4necessary to conduct early voting at that location.
5    (e) In a county with a population of 3,000,000 or more, the
6election authority in the county shall establish a temporary
7branch polling place under this Section in the county jail.
8Only a resident of a county who is in custody at the county
9jail and who has not been convicted of the offense for which
10the resident is in custody is eligible to vote at a temporary
11branch polling place established under this subsection. The
12temporary branch polling place established under this
13subsection shall allow a voter to vote in the same elections
14that the voter would be entitled to vote in where the voter
15resides. To the maximum extent feasible, voting booths or
16screens shall be provided to ensure the privacy of the voter.
17    All provisions of this Code applicable to pollwatchers
18shall apply to a temporary branch polling place under this
19subsection (e), subject to approval from the election
20authority and the county jail, except that nonpartisan
21pollwatchers shall be limited to one per division within the
22jail instead of one per precinct. A county that establishes a
23temporary branch polling place inside a county jail in
24accordance with this subsection (e) shall adhere to all
25requirements of this subsection (e). All requirements of the
26federal Voting Rights Act of 1965 and Sections 203 and 208 of

 

 

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1the federal Americans with Disabilities Act shall apply to
2this subsection (e).
3(Source: P.A. 101-442, eff. 1-1-20.)
 
4    Section 10. The Unified Code of Corrections is amended by
5changing Sections 3-14-1 and 5-5-5 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
18discharged from the Department, provide him or her with any
19documents necessary after discharge.
20    (a-2) The Department of Corrections may establish and
21maintain, in any institution it administers, revolving funds
22to be known as "Travel and Allowances Revolving Funds". These
23revolving funds shall be used for advancing travel and expense
24allowances to committed, paroled, and discharged prisoners.

 

 

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1The moneys paid into such revolving funds shall be from
2appropriations to the Department for Committed, Paroled, and
3Discharged Prisoners.
4    (a-3) (Blank). Upon release of a person who is eligible to
5vote on parole, mandatory release, final discharge, or pardon,
6the Department shall provide the person with a form that
7informs him or her that his or her voting rights have been
8restored and a voter registration application. The Department
9shall have available voter registration applications in the
10languages provided by the Illinois State Board of Elections.
11The form that informs the person that his or her rights have
12been restored shall include the following information:
13        (1) All voting rights are restored upon release from
14    the Department's custody.
15        (2) A person who is eligible to vote must register in
16    order to be able to vote.
17    The Department of Corrections shall confirm that the
18person received the voter registration application and has
19been informed that his or her voting rights have been
20restored.
21    (a-4) (a-3) Prior to release of a person on parole,
22mandatory supervised release, final discharge, or pardon, the
23Department shall screen every person for Medicaid eligibility.
24Officials of the correctional institution or facility where
25the committed person is assigned shall assist an eligible
26person to complete a Medicaid application to ensure that the

 

 

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1person begins receiving benefits as soon as possible after his
2or her release. The application must include the eligible
3person's address associated with his or her residence upon
4release from the facility. If the residence is temporary, the
5eligible person must notify the Department of Human Services
6of his or her change in address upon transition to permanent
7housing.
8    (b) (Blank).
9    (c) Except as otherwise provided in this Code, the
10Department shall establish procedures to provide written
11notification of any release of any person who has been
12convicted of a felony to the State's Attorney and sheriff of
13the county from which the offender was committed, and the
14State's Attorney and sheriff of the county into which the
15offender is to be paroled or released. Except as otherwise
16provided in this Code, the Department shall establish
17procedures to provide written notification to the proper law
18enforcement agency for any municipality of any release of any
19person who has been convicted of a felony if the arrest of the
20offender or the commission of the offense took place in the
21municipality, if the offender is to be paroled or released
22into the municipality, or if the offender resided in the
23municipality at the time of the commission of the offense. If a
24person convicted of a felony who is in the custody of the
25Department of Corrections or on parole or mandatory supervised
26release informs the Department that he or she has resided,

 

 

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

 

 

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

 

 

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

 

 

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1Department shall complete a verification form, prescribed by
2the Secretary of State, and shall provide that verification
3form to the released person.
4    (f) Forty-five days prior to the scheduled discharge of a
5person committed to the custody of the Department of
6Corrections, the Department shall give the person who is
7otherwise uninsured an opportunity to apply for health care
8coverage including medical assistance under Article V of the
9Illinois Public Aid Code in accordance with subsection (b) of
10Section 1-8.5 of the Illinois Public Aid Code, and the
11Department of Corrections shall provide assistance with
12completion of the application for health care coverage
13including medical assistance. The Department may adopt rules
14to implement this Section.
15(Source: P.A. 101-351, eff. 1-1-20; 101-442, eff. 1-1-20;
16revised 9-9-19.)
 
17    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)
18    Sec. 5-5-5. Loss and restoration of rights.
19    (a) Conviction and disposition shall not entail the loss
20by the defendant of any civil rights, except under this
21Section and Sections 29-6 and 29-10 of The Election Code, as
22now or hereafter amended.
23    (b) A person convicted of a felony shall be ineligible to
24hold an office created by the Constitution of this State until
25the completion of his sentence.

 

 

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1    (c) (Blank). A person sentenced to imprisonment shall lose
2his right to vote until released from imprisonment.
3    (d) On completion of sentence of imprisonment or upon
4discharge from probation, conditional discharge or periodic
5imprisonment, or at any time thereafter, all license rights
6and privileges granted under the authority of this State which
7have been revoked or suspended because of conviction of an
8offense shall be restored unless the authority having
9jurisdiction of such license rights finds after investigation
10and hearing that restoration is not in the public interest.
11This paragraph (d) shall not apply to the suspension or
12revocation of a license to operate a motor vehicle under the
13Illinois Vehicle Code.
14    (e) Upon a person's discharge from incarceration or
15parole, or upon a person's discharge from probation or at any
16time thereafter, the committing court may enter an order
17certifying that the sentence has been satisfactorily completed
18when the court believes it would assist in the rehabilitation
19of the person and be consistent with the public welfare. Such
20order may be entered upon the motion of the defendant or the
21State or upon the court's own motion.
22    (f) Upon entry of the order, the court shall issue to the
23person in whose favor the order has been entered a certificate
24stating that his behavior after conviction has warranted the
25issuance of the order.
26    (g) This Section shall not affect the right of a defendant

 

 

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1to collaterally attack his conviction or to rely on it in bar
2of subsequent proceedings for the same offense.
3    (h) No application for any license specified in subsection
4(i) of this Section granted under the authority of this State
5shall be denied by reason of an eligible offender who has
6obtained a certificate of relief from disabilities, as defined
7in Article 5.5 of this Chapter, having been previously
8convicted of one or more criminal offenses, or by reason of a
9finding of lack of "good moral character" when the finding is
10based upon the fact that the applicant has previously been
11convicted of one or more criminal offenses, unless:
12        (1) there is a direct relationship between one or more
13    of the previous criminal offenses and the specific license
14    sought; or
15        (2) the issuance of the license would involve an
16    unreasonable risk to property or to the safety or welfare
17    of specific individuals or the general public.
18    In making such a determination, the licensing agency shall
19consider the following factors:
20        (1) the public policy of this State, as expressed in
21    Article 5.5 of this Chapter, to encourage the licensure
22    and employment of persons previously convicted of one or
23    more criminal offenses;
24        (2) the specific duties and responsibilities
25    necessarily related to the license being sought;
26        (3) the bearing, if any, the criminal offenses or

 

 

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1    offenses for which the person was previously convicted
2    will have on his or her fitness or ability to perform one
3    or more such duties and responsibilities;
4        (4) the time which has elapsed since the occurrence of
5    the criminal offense or offenses;
6        (5) the age of the person at the time of occurrence of
7    the criminal offense or offenses;
8        (6) the seriousness of the offense or offenses;
9        (7) any information produced by the person or produced
10    on his or her behalf in regard to his or her rehabilitation
11    and good conduct, including a certificate of relief from
12    disabilities issued to the applicant, which certificate
13    shall create a presumption of rehabilitation in regard to
14    the offense or offenses specified in the certificate; and
15        (8) the legitimate interest of the licensing agency in
16    protecting property, and the safety and welfare of
17    specific individuals or the general public.
18    (i) A certificate of relief from disabilities shall be
19issued only for a license or certification issued under the
20following Acts:
21        (1) the Animal Welfare Act; except that a certificate
22    of relief from disabilities may not be granted to provide
23    for the issuance or restoration of a license under the
24    Animal Welfare Act for any person convicted of violating
25    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
26    Care for Animals Act or Section 26-5 or 48-1 of the

 

 

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1    Criminal Code of 1961 or the Criminal Code of 2012;
2        (2) the Illinois Athletic Trainers Practice Act;
3        (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
4    and Nail Technology Act of 1985;
5        (4) the Boiler and Pressure Vessel Repairer Regulation
6    Act;
7        (5) the Boxing and Full-contact Martial Arts Act;
8        (6) the Illinois Certified Shorthand Reporters Act of
9    1984;
10        (7) the Illinois Farm Labor Contractor Certification
11    Act;
12        (8) the Registered Interior Designers Act;
13        (9) the Illinois Professional Land Surveyor Act of
14    1989;
15        (10) the Illinois Landscape Architecture Act of 1989;
16        (11) the Marriage and Family Therapy Licensing Act;
17        (12) the Private Employment Agency Act;
18        (13) the Professional Counselor and Clinical
19    Professional Counselor Licensing and Practice Act;
20        (14) the Real Estate License Act of 2000;
21        (15) the Illinois Roofing Industry Licensing Act;
22        (16) the Professional Engineering Practice Act of
23    1989;
24        (17) the Water Well and Pump Installation Contractor's
25    License Act;
26        (18) the Electrologist Licensing Act;

 

 

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1        (19) the Auction License Act;
2        (20) the Illinois Architecture Practice Act of 1989;
3        (21) the Dietitian Nutritionist Practice Act;
4        (22) the Environmental Health Practitioner Licensing
5    Act;
6        (23) the Funeral Directors and Embalmers Licensing
7    Code;
8        (24) (blank);
9        (25) the Professional Geologist Licensing Act;
10        (26) the Illinois Public Accounting Act; and
11        (27) the Structural Engineering Practice Act of 1989.
12(Source: P.A. 100-534, eff. 9-22-17; 100-920, eff. 8-17-18.)
 
13    Section 99. Effective date. This Act takes effect July 1,
142022.".