(730 ILCS 5/3-13-4) (from Ch. 38, par. 1003-13-4) Sec. 3-13-4. Rules and sanctions.) (a) The Department shall establish rules governing release status and shall provide written copies of such rules to both the committed person on work or day release and to the employer or other person responsible for the individual. Such employer or other responsible person shall agree to abide by such rules, notify the Department of any violation thereof by the individual on release status, and notify the Department of the discharge of the person from work or other programs. (b) If a committed person violates any rule, the Department may impose sanctions appropriate to the violation. The Department shall provide sanctions for unauthorized absences which shall include prosecution for escape under Section 3-6-4. (c) An order certified by the Director, Assistant Director, or the Supervisor of the Apprehension Unit, or a person duly designated by him or her, with the seal of the Department of Corrections attached and directed to all sheriffs, coroners, police officers, or to any particular persons named in the order shall be sufficient warrant for the officer or person named therein to arrest and deliver the violator to the proper correctional official. Such order shall be executed the same as criminal processes. In the event that a work-releasee is arrested for another crime, the sheriff or police officer shall hold the releasee in custody until he notifies the nearest Office of Field Services or any of the above-named persons designated in this Section to certify the particular process or warrant. (d) Not less than 3 days prior to any person being placed in a work release facility, the Department of Corrections shall provide to the State's Attorney and Sheriff of the county in which the work release center is located, relevant identifying information concerning the person to be placed in the work release facility. Such information shall include, but not be limited to, such identifying information as name, age, physical description, photograph, the offense, and the sentence for which the person is serving time in the Department of Corrections, and like information. The Department of Corrections shall, in addition, give written notice not less than 3 days prior to the placement to the State's Attorney of the county from which the offender was originally sentenced. The notification requirements of this subsection (d) may be electronic notification for individuals required to be housed outside the penitentiary system pursuant to subsection (a) of Section 5-8-6. (e) For those individuals required to be housed outside the penitentiary system as outlined in subsection (a) of Section 5-8-6, the Department as soon as reasonably practicable shall provide the State's Attorney and Sheriff of the county in which the work release center is located, relevant identifying information concerning the person to be placed in the work release facility. Such information shall include, but is not limited to, such identifying information as name, age, physical description, photograph, the offense, and the sentence for which the person is serving time in the custody of the Department of Corrections, and similar information. The Department of Corrections shall, in addition, give electronic notice as soon as reasonably practicable to the State's Attorney of the county from which the individual was originally sentenced. (Source: P.A. 103-358, eff. 1-1-24 .) |
(730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
Sec. 3-14-1. Release from the institution.
(a) Upon release of a person on parole, mandatory release, final
discharge, or pardon, the Department shall return all property held for
him, provide him with suitable clothing and procure necessary
transportation for him to his designated place of residence and
employment. It may provide such person with a grant of money for travel and
expenses which may be paid in installments. The amount of the money grant
shall be determined by the Department.
(a-1) The Department shall, before a wrongfully imprisoned person, as defined in Section 3-1-2 of this Code, is discharged from the Department, provide him or her with any documents necessary after discharge. (a-2) The Department of Corrections may establish and maintain, in any institution
it administers, revolving funds to be known as "Travel and Allowances Revolving
Funds". These revolving funds shall be used for advancing travel and expense
allowances to committed, paroled, and discharged prisoners. The moneys
paid into such revolving funds shall be from appropriations to the Department
for Committed, Paroled, and Discharged Prisoners.
(a-3) Upon release of a person who is eligible to vote on parole, mandatory release, final discharge, or pardon, the Department shall provide the person with a form that informs him or her that his or her voting rights have been restored and a voter registration application. The Department shall have available voter registration applications in the languages provided by the Illinois State Board of Elections. The form that informs the person that his or her rights have been restored shall include the following information: (1) All voting rights are restored upon release from |
| the Department's custody.
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(2) A person who is eligible to vote must register in
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| order to be able to vote.
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The Department of Corrections shall confirm that the person received the voter registration application and has been informed that his or her voting rights have been restored.
(a-4) Prior to release of a person on parole, mandatory supervised release, final discharge, or pardon, the Department shall screen every person for Medicaid eligibility. Officials of the correctional institution or facility where the committed person is assigned shall assist an eligible person to complete a Medicaid application to ensure that the person begins receiving benefits as soon as possible after his or her release. The application must include the eligible person's address associated with his or her residence upon release from the facility. If the residence is temporary, the eligible person must notify the Department of Human Services of his or her change in address upon transition to permanent housing.
(b) (Blank).
(c) Except as otherwise provided in this Code, the Department shall
establish procedures to provide written notification of any release of any
person who has been convicted of a felony to the State's Attorney
and sheriff of the county from which the offender was committed, and the
State's Attorney and sheriff of the county into which the offender is to be
paroled or released. Except as otherwise provided in this Code, the
Department shall establish procedures to provide written notification to
the proper law enforcement agency for any municipality of any release of any
person who has been convicted of a felony if the arrest of the offender or the
commission of the offense took place in the municipality, if the offender is to
be paroled or released into the municipality, or if the offender resided in the
municipality at the time of the commission of the offense. If a person
convicted of a felony who is in the custody of the Department of Corrections or
on parole or mandatory supervised release informs the Department that he or she
has resided, resides, or will
reside at an address that is a housing facility owned, managed,
operated, or leased by a public housing agency, the Department must send
written notification of that information to the public housing agency that
owns, manages, operates, or leases the housing facility. The written
notification shall, when possible, be given at least 14 days before release of
the person from custody, or as soon thereafter as possible. The written notification shall be provided electronically if the State's Attorney, sheriff, proper law enforcement agency, or public housing agency has provided the Department with an accurate and up to date email address.
(c-1) (Blank).
(c-2) The Department shall establish procedures to provide notice to the Illinois State Police of the release or discharge of persons convicted of violations of the Methamphetamine Control and Community
Protection Act or a violation of the Methamphetamine Precursor Control Act. The Illinois State Police shall make this information available to local, State, or federal law enforcement agencies upon request.
(c-5) If a person on parole or mandatory supervised release becomes a resident of a facility licensed or regulated by the Department of Public Health, the Illinois Department of Public Aid, or the Illinois Department of Human Services, the Department of Corrections shall provide copies of the following information to the appropriate licensing or regulating Department and the licensed or regulated facility where the person becomes a resident:
(1) The mittimus and any pre-sentence investigation
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(2) The social evaluation prepared pursuant to
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(3) Any pre-release evaluation conducted pursuant to
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| subsection (j) of Section 3-6-2.
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(4) Reports of disciplinary infractions and
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(5) Any parole plan, including orders issued by the
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| Prisoner Review Board, and any violation reports and dispositions.
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(6) The name and contact information for the assigned
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| parole agent and parole supervisor.
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This information shall be provided within 3 days of the person becoming a resident of the facility.
(c-10) If a person on parole or mandatory supervised release becomes a resident of a facility licensed or regulated by the Department of Public Health, the Illinois Department of Public Aid, or the Illinois Department of Human Services, the Department of Corrections shall provide written notification of such residence to the following:
(1) The Prisoner Review Board.
(2) The chief of police and sheriff in the
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| municipality and county in which the licensed facility is located.
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The notification shall be provided within 3 days of the person becoming a resident of the facility.
(d) Upon the release of a committed person on parole, mandatory
supervised release, final discharge, or pardon, the Department shall provide
such person with information concerning programs and services of the
Illinois Department of Public Health to ascertain whether such person has
been exposed to the human immunodeficiency virus (HIV) or any identified
causative agent of Acquired Immunodeficiency Syndrome (AIDS).
(e) Upon the release of a committed person on parole, mandatory supervised
release, final discharge, pardon, or who has been wrongfully imprisoned, the Department shall verify the released person's full name, date of birth, and social security number. If verification is made by the Department by obtaining a certified copy of the released person's birth certificate and the released person's social security card or other documents authorized by the Secretary, the Department shall provide the birth certificate and social security card or other documents authorized by the Secretary to the released person. If verification by the Department is done by means other than obtaining a certified copy of the released person's birth certificate and the released person's social security card or other documents authorized by the Secretary, the Department shall complete a verification form, prescribed by the Secretary of State, and shall provide that verification form to the released person.
(f) Forty-five 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) who is otherwise uninsured an opportunity to
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| apply for health care coverage including medical assistance under Article V of the Illinois Public Aid Code in accordance with subsection (b) of Section 1-8.5 of the Illinois Public Aid Code, and the Department of Corrections shall provide assistance with completion of the application for health care coverage including medical assistance;
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(2) information about obtaining a standard Illinois
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| Identification Card or a limited-term Illinois Identification Card under Section 4 of the Illinois Identification Card Act if the person has not been issued an Illinois Identification Card under subsection (a-20) of Section 4 of the Illinois Identification Card Act;
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(3) information about voter registration and may
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| distribute information prepared by the State Board of Elections. The Department of Corrections 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 Section 1A-16.2 of the Election Code;
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(4) information about job listings upon discharge
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| from the correctional institution or facility;
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(5) information about available housing upon
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| discharge from the correctional institution or facility;
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(6) a directory of elected State officials and of
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| officials elected in the county and municipality, if any, in which the committed person intends to reside upon discharge from the correctional institution or facility; and
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(7) any other information that the Department of
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| Corrections deems necessary to provide the committed person in order for the committed person to reenter the community and avoid recidivism.
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(g) Sixty days before the scheduled discharge of a person committed to the custody of the Department or upon receipt of the person's certified birth certificate and social security card as set forth in subsection (d) of Section 3-8-1 of this Act, whichever occurs later, the Department shall transmit an application for an Identification Card to the Secretary of State, in accordance with subsection (a-20) of Section 4 of the Illinois Identification Card Act.
The Department may adopt rules to implement this Section.
(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-606, eff. 1-1-22; 102-813, eff. 5-13-22; 103-345, eff. 1-1-24 .)
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(730 ILCS 5/3-14-2) (from Ch. 38, par. 1003-14-2)
Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
Release and Release by Statute.
(a) The Department shall retain custody of all persons placed on
parole or mandatory supervised release or released pursuant to Section
3-3-10 of this Code and shall supervise such persons during
their parole or release period in accord with the conditions set by the
Prisoner Review Board. When setting conditions, the Prisoner Review Board shall make an individualized assessment as to what conditions are appropriate based on the risk and needs assessment, program participation and completion, assignment history while incarcerated, and behavior history during the period of the incarceration and involve only such deprivations of liberty or property as are reasonably necessary to protect the public from the person's conduct in the underlying conviction or violation. In determining conditions, the Prisoner Review Board shall also consider the reasonableness of imposing additional conditions on the person and the extent to which the conditions impact the person's work, education, community service, financial, and family caregiving obligations. Such conditions shall include referral to an
alcohol or drug abuse treatment program, as appropriate, if such person has
previously been identified as having an alcohol or drug abuse problem.
Such conditions may include that the person use an approved electronic
monitoring device subject to Article 8A of Chapter V.
(b) The Department shall assign personnel to assist persons eligible
for parole in preparing a parole plan. Such Department personnel shall
make a report of their efforts and findings to the Prisoner Review
Board prior to its consideration of the case of such eligible person.
(c) A copy of the conditions of his parole or release shall be
signed by the parolee or releasee and given to him and to his
supervising officer who shall report on his progress under the rules and
regulations of the Prisoner Review Board. The supervising officer
shall report violations to the Prisoner Review Board and shall have
the full power of peace officers in the arrest and retaking of any
parolees or releasees or the officer may request the Department to issue
a warrant for the arrest of any parolee or releasee who has allegedly
violated his parole or release conditions. (c-1) The supervising officer shall request the Department to issue a parole violation warrant, and the Department shall issue a parole violation warrant, under the following circumstances: (1) if the parolee or releasee commits an act that |
| constitutes a felony using a firearm or knife,
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(2) if applicable, fails to comply with the
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| requirements of the Sex Offender Registration Act,
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(3) if the parolee or releasee is charged with:
(A) a felony offense of domestic battery under
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| Section 12-3.2 of the Criminal Code of 1961 or the Criminal Code of 2012,
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(B) aggravated domestic battery under Section
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| 12-3.3 of the Criminal Code of 1961 or the Criminal Code of 2012,
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(C) stalking under Section 12-7.3 of the Criminal
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| Code of 1961 or the Criminal Code of 2012,
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(D) aggravated stalking under Section 12-7.4 of
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| the Criminal Code of 1961 or the Criminal Code of 2012,
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(E) violation of an order of protection under
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| Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, or
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(F) any offense that would require registration
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| as a sex offender under the Sex Offender Registration Act, or
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(4) if the parolee or releasee is on parole or
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| mandatory supervised release for a murder, a Class X felony or a Class 1 felony violation of the Criminal Code of 1961 or the Criminal Code of 2012, or any felony that requires registration as a sex offender under the Sex Offender Registration Act and commits an act that constitutes first degree murder, a Class X felony, a Class 1 felony, a Class 2 felony, or a Class 3 felony.
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A
sheriff or other peace officer may detain an alleged parole or release
violator until a warrant for his return to the Department can be issued.
The parolee or releasee may be delivered to any secure place until he can
be transported to the Department. The officer or the Department shall file a violation report with notice of charges with the Prisoner Review Board.
(d) The supervising officer shall regularly advise and consult with
the parolee or releasee, assist him in adjusting to community life,
inform him of the restoration of his rights on successful completion of
sentence under Section 5-5-5, and provide the parolee or releasee with an electronic copy of the Department of Corrections system of graduated responses as set forth under subparagraph (D) of paragraph (1) of subsection (b) of Section 10 of the Illinois Crime Reduction Act of 2009 and any sanctions matrix based on that system. If the parolee or releasee has been convicted of a sex offense as defined in the Sex Offender
Management Board Act, the supervising officer shall periodically, but not less than once a month, verify that the parolee or releasee is in compliance with paragraph (7.6) of subsection (a) of Section 3-3-7.
(d-1) At least once every 6 months, the supervising officer of a parolee or releasee shall review the case of the parolee or releasee to assess the parolee's or releasee's progress and suitability for early discharge under subsection (b) of Section 3-3-8 and provide a recommendation for either early discharge or the continuation of parole or mandatory supervised release as previously ordered. The recommendation and the rationale for the recommendation shall be noted in the Department's case management system. Within 30 days of receiving the supervising officer's recommendation, the Department shall provide a copy of the final recommendation, in writing or electronically, to the Prisoner Review Board and to the parolee or releasee. If an early discharge recommendation was not provided, the supervising officer shall share the list of steps or requirements that the person must complete or meet to be granted an early discharge recommendation at a subsequent review under agency guidelines. The Department shall develop guidelines and policies to support the regular review of parolees and releasees for early discharge consideration and the timely notification of the Prisoner Review Board when early discharge is recommended.
(d-2) Supervising officers shall schedule meetings, which are required under paragraph (3) of subsection (a) of Section 3-3-7 as a condition of parole or mandatory supervised release, at such times and locations that take into consideration the medical needs, caregiving obligations, and work schedule of a parolee or releasee.
(d-3) To comply with the provisions of subsection (d-2), in lieu of requiring the parolee or releasee to appear in person for the required reporting or meetings, supervising officers may utilize technology, including cellular and other electronic communication devices or platforms, that allows for communication between the supervised individual and the supervising officer.
(e) Supervising officers shall receive specialized training in the
special needs of female releasees or parolees including the family
reunification process.
(f) The supervising officer shall keep such records as the
Prisoner Review Board or Department may require. All records shall be
entered in the master file of the individual.
(Source: P.A. 103-271, eff. 1-1-24 .)
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