Illinois 2023-2024 Regular Session

Illinois House Bill HB0989 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0989 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: 5 ILCS 100/5-45.35 new10 ILCS 5/1-22 new10 ILCS 5/1-23 new10 ILCS 5/3-5 from Ch. 46, par. 3-510 ILCS 5/19-2.510 ILCS 5/19A-20 730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1 730 ILCS 5/5-5-5 from Ch. 38, par. 1005-5-5 Amends the Election Code. Provides that a person convicted of a felony or otherwise under sentence in a correctional institution or jail shall have his or her right to vote restored and shall be eligible to vote not later than 14 days following his or her conviction. In provisions concerning temporary branch polling places at county jails, provides that a voter entitled to vote in another county, other than the county in which the jail is located, shall be allowed to vote only by mail. Provides that a correctional institution shall make available to a person in its custody current election resource material from the State Board of Elections and current election resource material that is requested by a person in custody and received at the correctional institution from a local election authority in response to the request. Creates the Post-Conviction Task Force to strengthen and improve provisions that restore the right to vote to a person convicted of a felony or otherwise under sentence in a correctional institution or jail. Makes other changes. Amends the Unified Code of Corrections to make conforming changes. Effective June 1, 2023. LRB103 03473 AWJ 48479 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0989 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: 5 ILCS 100/5-45.35 new10 ILCS 5/1-22 new10 ILCS 5/1-23 new10 ILCS 5/3-5 from Ch. 46, par. 3-510 ILCS 5/19-2.510 ILCS 5/19A-20 730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1 730 ILCS 5/5-5-5 from Ch. 38, par. 1005-5-5 5 ILCS 100/5-45.35 new 10 ILCS 5/1-22 new 10 ILCS 5/1-23 new 10 ILCS 5/3-5 from Ch. 46, par. 3-5 10 ILCS 5/19-2.5 10 ILCS 5/19A-20 730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1 730 ILCS 5/5-5-5 from Ch. 38, par. 1005-5-5 Amends the Election Code. Provides that a person convicted of a felony or otherwise under sentence in a correctional institution or jail shall have his or her right to vote restored and shall be eligible to vote not later than 14 days following his or her conviction. In provisions concerning temporary branch polling places at county jails, provides that a voter entitled to vote in another county, other than the county in which the jail is located, shall be allowed to vote only by mail. Provides that a correctional institution shall make available to a person in its custody current election resource material from the State Board of Elections and current election resource material that is requested by a person in custody and received at the correctional institution from a local election authority in response to the request. Creates the Post-Conviction Task Force to strengthen and improve provisions that restore the right to vote to a person convicted of a felony or otherwise under sentence in a correctional institution or jail. Makes other changes. Amends the Unified Code of Corrections to make conforming changes. Effective June 1, 2023. LRB103 03473 AWJ 48479 b LRB103 03473 AWJ 48479 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0989 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
3	3	5 ILCS 100/5-45.35 new10 ILCS 5/1-22 new10 ILCS 5/1-23 new10 ILCS 5/3-5 from Ch. 46, par. 3-510 ILCS 5/19-2.510 ILCS 5/19A-20 730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1 730 ILCS 5/5-5-5 from Ch. 38, par. 1005-5-5 5 ILCS 100/5-45.35 new 10 ILCS 5/1-22 new 10 ILCS 5/1-23 new 10 ILCS 5/3-5 from Ch. 46, par. 3-5 10 ILCS 5/19-2.5 10 ILCS 5/19A-20 730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1 730 ILCS 5/5-5-5 from Ch. 38, par. 1005-5-5
4	4	5 ILCS 100/5-45.35 new
5	5	10 ILCS 5/1-22 new
6	6	10 ILCS 5/1-23 new
7	7	10 ILCS 5/3-5 from Ch. 46, par. 3-5
8	8	10 ILCS 5/19-2.5
9	9	10 ILCS 5/19A-20
10	10	730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1
11	11	730 ILCS 5/5-5-5 from Ch. 38, par. 1005-5-5
12	12	Amends the Election Code. Provides that a person convicted of a felony or otherwise under sentence in a correctional institution or jail shall have his or her right to vote restored and shall be eligible to vote not later than 14 days following his or her conviction. In provisions concerning temporary branch polling places at county jails, provides that a voter entitled to vote in another county, other than the county in which the jail is located, shall be allowed to vote only by mail. Provides that a correctional institution shall make available to a person in its custody current election resource material from the State Board of Elections and current election resource material that is requested by a person in custody and received at the correctional institution from a local election authority in response to the request. Creates the Post-Conviction Task Force to strengthen and improve provisions that restore the right to vote to a person convicted of a felony or otherwise under sentence in a correctional institution or jail. Makes other changes. Amends the Unified Code of Corrections to make conforming changes. Effective June 1, 2023.
13	13	LRB103 03473 AWJ 48479 b LRB103 03473 AWJ 48479 b
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15	15	A BILL FOR
16	16	HB0989LRB103 03473 AWJ 48479 b HB0989 LRB103 03473 AWJ 48479 b
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18	18	1 AN ACT concerning elections.
19	19	2 Be it enacted by the People of the State of Illinois,
20	20	3 represented in the General Assembly:
21	21	4 Section 5. The Illinois Administrative Procedure Act is
22	22	5 amended by adding Section 5-45.35 as follows:
23	23	6 (5 ILCS 100/5-45.35 new)
24	24	7 Sec. 5-45.35. Emergency rulemaking. To provide for the
25	25	8 expeditious and timely implementation of the changes made to
26	26	9 the Election Code and the Unified Code of Corrections by this
27	27	10 amendatory Act of the 102nd General Assembly, emergency rules
28	28	11 implementing those changes may be adopted in accordance with
29	29	12 Section 5-45 by the State Board of Elections, except that the
30	30	13 24-month limitation on the adoption of emergency rules and the
31	31	14 provisions of Sections 5-115 and 5-125 do not apply to rules
32	32	15 adopted under this Section. The adoption of emergency rules
33	33	16 authorized by Section 5-45 and this Section is deemed to be
34	34	17 necessary for the public interest, safety, and welfare.
35	35	18 This Section is repealed one year after the effective date
36	36	19 of this amendatory Act of the 103rd General Assembly.
37	37	20 Section 10. The Election Code is amended by changing
38	38	21 Sections 3-5, 19-2.5, and 19A-20 and by adding Sections 1-22
39	39	22 and 1-23 as follows:
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43	43	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0989 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
44	44	5 ILCS 100/5-45.35 new10 ILCS 5/1-22 new10 ILCS 5/1-23 new10 ILCS 5/3-5 from Ch. 46, par. 3-510 ILCS 5/19-2.510 ILCS 5/19A-20 730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1 730 ILCS 5/5-5-5 from Ch. 38, par. 1005-5-5 5 ILCS 100/5-45.35 new 10 ILCS 5/1-22 new 10 ILCS 5/1-23 new 10 ILCS 5/3-5 from Ch. 46, par. 3-5 10 ILCS 5/19-2.5 10 ILCS 5/19A-20 730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1 730 ILCS 5/5-5-5 from Ch. 38, par. 1005-5-5
45	45	5 ILCS 100/5-45.35 new
46	46	10 ILCS 5/1-22 new
47	47	10 ILCS 5/1-23 new
48	48	10 ILCS 5/3-5 from Ch. 46, par. 3-5
49	49	10 ILCS 5/19-2.5
50	50	10 ILCS 5/19A-20
51	51	730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1
52	52	730 ILCS 5/5-5-5 from Ch. 38, par. 1005-5-5
53	53	Amends the Election Code. Provides that a person convicted of a felony or otherwise under sentence in a correctional institution or jail shall have his or her right to vote restored and shall be eligible to vote not later than 14 days following his or her conviction. In provisions concerning temporary branch polling places at county jails, provides that a voter entitled to vote in another county, other than the county in which the jail is located, shall be allowed to vote only by mail. Provides that a correctional institution shall make available to a person in its custody current election resource material from the State Board of Elections and current election resource material that is requested by a person in custody and received at the correctional institution from a local election authority in response to the request. Creates the Post-Conviction Task Force to strengthen and improve provisions that restore the right to vote to a person convicted of a felony or otherwise under sentence in a correctional institution or jail. Makes other changes. Amends the Unified Code of Corrections to make conforming changes. Effective June 1, 2023.
54	54	LRB103 03473 AWJ 48479 b LRB103 03473 AWJ 48479 b
55	55	LRB103 03473 AWJ 48479 b
56	56	A BILL FOR
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62	62	5 ILCS 100/5-45.35 new
63	63	10 ILCS 5/1-22 new
64	64	10 ILCS 5/1-23 new
65	65	10 ILCS 5/3-5 from Ch. 46, par. 3-5
66	66	10 ILCS 5/19-2.5
67	67	10 ILCS 5/19A-20
68	68	730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1
69	69	730 ILCS 5/5-5-5 from Ch. 38, par. 1005-5-5
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88	88	1 (10 ILCS 5/1-22 new)
89	89	2 Sec. 1-22. Post-conviction voting.
90	90	3 (a) As used in this Section, "correctional institution"
91	91	4 means any place used to house persons under state supervision
92	92	5 or custody, including, but not limited to, state, federal, or
93	93	6 juvenile facilities, adult transition centers, halfway houses,
94	94	7 and other reentry or rehabilitation programs.
95	95	8 (b) A person convicted of a felony, or otherwise under
96	96	9 sentence in a correctional institution or jail, shall have his
97	97	10 or her right to vote restored and shall be eligible to vote not
98	98	11 later than 14 days following his or her conviction. Persons
99	99	12 under any form of state supervision or custody who are
100	100	13 disqualified from voting shall have their right to vote
101	101	14 restored under this Section, including, but not limited to:
102	102	15 persons incarcerated in State, federal, or juvenile
103	103	16 facilities; persons on probation or parole; persons on
104	104	17 mandatory supervised release; persons on work release; persons
105	105	18 on furlough; persons released on electronic monitoring;
106	106	19 persons housed in adult transition centers, halfway houses, or
107	107	20 other reentry or rehabilitation programs; and persons owing
108	108	21 court fines or fees. Persons may not be denied the right to
109	109	22 vote because of a past criminal conviction.
110	110	23 (c) Each local election authority shall coordinate with
111	111	24 the correctional institution, Illinois Department of
112	112	25 Corrections, and other correctional agencies incarcerating
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123	123	1 eligible voters to facilitate voting by mail for those voters
124	124	2 eligible to vote in that election jurisdiction who are
125	125	3 incarcerated in the correctional institution.
126	126	4 (d) All requirements of the federal Voting Rights Act of
127	127	5 1965, including Sections 203 and 208, State and local language
128	128	6 access requirements, and the federal Americans with
129	129	7 Disabilities Act and State and local disability access
130	130	8 requirements shall also apply to voting under this Section.
131	131	9 The correctional institution shall make available to persons
132	132	10 in its custody voter registration applications, vote by mail
133	133	11 ballot applications, vote by mail ballots received at the
134	134	12 institution from the local election authority, and other
135	135	13 election materials in the languages provided by the State
136	136	14 Board of Elections and local election authorities.
137	137	15 (e) The correctional institution shall make available to a
138	138	16 person in its custody current election resource material,
139	139	17 maintained by the State Board of Elections, containing
140	140	18 detailed information regarding the voting rights of a person
141	141	19 with a criminal conviction in the following formats: (1) in
142	142	20 print; (2) on the correctional institution's website; and (3)
143	143	21 in a visible location on the premises of each correctional
144	144	22 institution where notices are customarily posted. The
145	145	23 correctional institution shall also make available to a person
146	146	24 in its custody current election resource material from a local
147	147	25 election authority that is requested by that person in its
148	148	26 custody and received at the correctional institution from the
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159	159	1 local election authority in response to that person's request.
160	160	2 The correctional institution shall provide resource materials
161	161	3 to a person in its custody upon intake and release of the
162	162	4 person on parole, mandatory supervised release, final
163	163	5 discharge, or pardon from the correctional institution.
164	164	6 (f) By December 31, 2023 and by December 31 of each year
165	165	7 thereafter, the State Board of Elections, in coordination and
166	166	8 cooperation with correctional institutions and local election
167	167	9 authorities, shall prepare a report containing data concerning
168	168	10 compliance with this Section, including the number of voter
169	169	11 registrations, vote by mail ballot applications, vote by mail
170	170	12 ballots completed, and voter education packets delivered.
171	171	13 (g) A person who has left the person's residence as part of
172	172	14 the person's confinement in a correctional institution and who
173	173	15 has not established another residence for voter registration
174	174	16 purposes may not be considered to have changed or lost
175	175	17 residence. The person may register to vote at the address of
176	176	18 the person's last place of residence before the person's
177	177	19 confinement in a correctional institution.
178	178	20 (h) The provisions of this Section shall apply to all
179	179	21 elections beginning with the general election in 2024.
180	180	22 (i) The State Board of Elections may adopt rules,
181	181	23 including emergency rules, to implement the provisions of this
182	182	24 Section.
183	183	25 (10 ILCS 5/1-23 new)
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194	194	1 Sec. 1-23. Post-Conviction Task Force.
195	195	2 (a) The Post-Conviction Task Force is created to
196	196	3 strengthen and improve implementation of the provisions of
197	197	4 Section 1-22 that restore the right to vote to a person
198	198	5 convicted of a felony, or otherwise under sentence in a
199	199	6 correctional institution or jail, and to provide voting access
200	200	7 while under sentence in a correctional institution or jail.
201	201	8 (b) The members of the Task Force shall be as follows:
202	202	9 (1) the Chair of the State Board of Elections, or the
203	203	10 Chair's designee, who shall serve as Chair of the Task
204	204	11 Force;
205	205	12 (2) the Director of Corrections, or the Director's
206	206	13 designee;
207	207	14 (3) the Secretary of State, or the Secretary of
208	208	15 State's designee;
209	209	16 (4) a representative from a statewide organization
210	210	17 that represents county clerks, appointed by the chair of
211	211	18 the State Board of Elections;
212	212	19 (5) a representative from 2 separate Illinois
213	213	20 organizations advocating against voter
214	214	21 disenfranchisement, with one representative appointed by
215	215	22 the President of the Senate and one representative
216	216	23 appointed by the Speaker of the House of Representatives;
217	217	24 and
218	218	25 (6) 4 members from the General Assembly, with one
219	219	26 member appointed by the President of the Senate, one
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230	230	1 member appointed by the Senate Minority Leader, one member
231	231	2 appointed by the Speaker of the House of Representatives,
232	232	3 and one member appointed by the House Minority Leader.
233	233	4 (c) The State Board of Elections shall provide
234	234	5 administrative and other support to the Task Force.
235	235	6 (d) On or before July 1, 2023, the Task Force members shall
236	236	7 be appointed. On or before September 1, 2023, the Task Force
237	237	8 shall prepare a status report that summarizes its work and
238	238	9 makes recommendations on the implementation of provisions
239	239	10 restoring voting rights to a person convicted of a felony or
240	240	11 otherwise under sentence in a correctional institution or jail
241	241	12 and providing access to vote while under sentence in a
242	242	13 correctional institution or jail. On or before January 1,
243	243	14 2024, the Task Force shall prepare a comprehensive report that
244	244	15 summarizes its work and the implementation and administration
245	245	16 of the 2024 general election. The report shall include
246	246	17 recommendations for strengthening and improving implementation
247	247	18 of restoring voting rights to a person convicted of a felony or
248	248	19 otherwise under sentence in a correctional institution or jail
249	249	20 and providing access to vote while under sentence in a
250	250	21 correctional institution.
251	251	22 (e) The Task Force is dissolved and this Section is
252	252	23 repealed on January 1, 2026.
253	253	24 (10 ILCS 5/3-5) (from Ch. 46, par. 3-5)
254	254	25 Sec. 3-5. Confinement or detention in a jail. No person
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265	265	1 who has been legally convicted, in this or another state or in
266	266	2 any federal court, of any crime, and is serving a sentence of
267	267	3 confinement in any penal institution, or who has been
268	268	4 convicted under any Section of this Code and is serving a
269	269	5 sentence of confinement in any penal institution, shall vote,
270	270	6 offer to vote, attempt to vote or be permitted to vote at any
271	271	7 election until his release from confinement.
272	272	8 Confinement for purposes of this Section shall include any
273	273	9 person convicted and imprisoned but granted a furlough as
274	274	10 provided by Section 3-11-1 of the Unified Code of Corrections,
275	275	11 or admitted to a work release program as provided by Section
276	276	12 3-13-2 of the Unified Code of Corrections. Confinement shall
277	277	13 not include any person convicted and imprisoned but released
278	278	14 on parole.
279	279	15 Confinement or detention in a jail pending acquittal or
280	280	16 conviction of a crime is not a disqualification for voting.
281	281	17 (Source: P.A. 100-863, eff. 8-14-18.)
282	282	18 (10 ILCS 5/19-2.5)
283	283	19 Sec. 19-2.5. Notice for vote by mail ballot.
284	284	20 (a) An election authority shall notify all qualified
285	285	21 voters, not more than 90 days nor less than 45 days before a
286	286	22 general or consolidated election, of the option for permanent
287	287	23 vote by mail status using the following notice and including
288	288	24 the application for permanent vote by mail status in
289	289	25 subsection (b) of Section 19-3:
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300	300	1 "You may apply to permanently be placed on vote by mail
301	301	2 status using the attached application.".
302	302	3 (b) A person completing a voter registration application
303	303	4 or submitting a change of address shall be notified of the
304	304	5 option to receive a vote by mail ballot. Upon request of the
305	305	6 person, the voter registration application or change of
306	306	7 address form shall serve as an application to receive an
307	307	8 official vote by mail ballot, and the individual need not
308	308	9 complete a separate vote by mail application. An elector who
309	309	10 is a resident of a location covered by Section 203 of the
310	310	11 federal Voting Rights Act of 1965 or local language access
311	311	12 requirements must be offered a voter registration application
312	312	13 in a language of the applicable minority group and must be able
313	313	14 to request a vote by mail ballot in the language of the
314	314	15 applicable minority group. Upon processing the voter
315	315	16 registration application and accepting the application without
316	316	17 rejection, the election authority shall provide the individual
317	317	18 with an official vote by mail ballot for the next occurring
318	318	19 election.
319	319	20 (Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21.)
320	320	21 (10 ILCS 5/19A-20)
321	321	22 Sec. 19A-20. Temporary branch polling places.
322	322	23 (a) In addition to permanent polling places for early
323	323	24 voting, the election authority may establish temporary branch
324	324	25 polling places for early voting.
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335	335	1 (b) The provisions of subsection (b) of Section 19A-15 do
336	336	2 not apply to a temporary polling place. Voting at a temporary
337	337	3 branch polling place may be conducted on any one or more days
338	338	4 and during any hours within the period for early voting by
339	339	5 personal appearance that are determined by the election
340	340	6 authority.
341	341	7 (c) The schedules for conducting voting do not need to be
342	342	8 uniform among the temporary branch polling places.
343	343	9 (d) The legal rights and remedies which inure to the owner
344	344	10 or lessor of private property are not impaired or otherwise
345	345	11 affected by the leasing of the property for use as a temporary
346	346	12 branch polling place for early voting, except to the extent
347	347	13 necessary to conduct early voting at that location.
348	348	14 (e) In a county with a population of:
349	349	15 (1) 3,000,000 or more, the election authority in the
350	350	16 county shall establish a temporary branch polling place
351	351	17 under this Section in the county jail. Only a resident of a
352	352	18 county who is in custody at the county jail and who has not
353	353	19 been convicted of the offense for which the resident is in
354	354	20 custody is eligible to vote at a temporary branch polling
355	355	21 place established under this paragraph (1). The temporary
356	356	22 branch polling place established under this paragraph (1)
357	357	23 shall allow a voter to vote in the same elections that the
358	358	24 voter would be entitled to vote in where the voter
359	359	25 resides, except that a voter entitled to vote in another
360	360	26 county, other than the county in which the jail is
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371	371	1 located, shall be allowed to vote only by mail. To the
372	372	2 maximum extent feasible, voting booths or screens shall be
373	373	3 provided to ensure the privacy of the voter.
374	374	4 (2) less than 3,000,000, the sheriff may establish a
375	375	5 temporary branch polling place at the county jail. Only a
376	376	6 resident of a county who is in custody at the county jail
377	377	7 and who has not been convicted of the offense for which the
378	378	8 resident is in custody is eligible to vote at a temporary
379	379	9 branch polling place established under this paragraph (2).
380	380	10 A temporary branch polling place established under this
381	381	11 paragraph (2) shall allow a voter to vote in the same
382	382	12 elections that the voter would be entitled to vote in
383	383	13 where the voter resides, except that a voter entitled to
384	384	14 vote in another county, other than the county in which the
385	385	15 jail is located, shall be allowed to vote only by mail. To
386	386	16 the maximum extent feasible, voting booths or screens
387	387	17 shall be provided to ensure the privacy of the voter.
388	388	18 All provisions of this Code applicable to pollwatchers
389	389	19 shall apply to a temporary branch polling place under this
390	390	20 subsection (e), subject to approval from the election
391	391	21 authority and the county jail, except that nonpartisan
392	392	22 pollwatchers shall be limited to one per division within the
393	393	23 jail instead of one per precinct. A county that establishes a
394	394	24 temporary branch polling place inside a county jail in
395	395	25 accordance with this subsection (e) shall adhere to all
396	396	26 requirements of this subsection (e). All requirements of the
397	397
398	398
399	399
400	400
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403	403
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406	406	HB0989 - 11 - LRB103 03473 AWJ 48479 b
407	407	1 federal Voting Rights Act of 1965 and Sections 203 and 208 of
408	408	2 the federal Americans with Disabilities Act shall apply to
409	409	3 this subsection (e).
410	410	4 (Source: P.A. 101-442, eff. 1-1-20; 102-15, eff. 6-17-21.)
411	411	5 Section 15. The Unified Code of Corrections is amended by
412	412	6 changing Sections 3-14-1 and 5-5-5 as follows:
413	413	7 (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
414	414	8 Sec. 3-14-1. Release from the institution.
415	415	9 (a) Upon release of a person on parole, mandatory release,
416	416	10 final discharge, or pardon, the Department shall return all
417	417	11 property held for him, provide him with suitable clothing and
418	418	12 procure necessary transportation for him to his designated
419	419	13 place of residence and employment. It may provide such person
420	420	14 with a grant of money for travel and expenses which may be paid
421	421	15 in installments. The amount of the money grant shall be
422	422	16 determined by the Department.
423	423	17 (a-1) The Department shall, before a wrongfully imprisoned
424	424	18 person, as defined in Section 3-1-2 of this Code, is
425	425	19 discharged from the Department, provide him or her with any
426	426	20 documents necessary after discharge.
427	427	21 (a-2) The Department of Corrections may establish and
428	428	22 maintain, in any institution it administers, revolving funds
429	429	23 to be known as "Travel and Allowances Revolving Funds". These
430	430	24 revolving funds shall be used for advancing travel and expense
431	431
432	432
433	433
434	434
435	435
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437	437
438	438
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440	440	HB0989 - 12 - LRB103 03473 AWJ 48479 b
441	441	1 allowances to committed, paroled, and discharged prisoners.
442	442	2 The moneys paid into such revolving funds shall be from
443	443	3 appropriations to the Department for Committed, Paroled, and
444	444	4 Discharged Prisoners.
445	445	5 (a-3) (Blank). Upon release of a person who is eligible to
446	446	6 vote on parole, mandatory release, final discharge, or pardon,
447	447	7 the Department shall provide the person with a form that
448	448	8 informs him or her that his or her voting rights have been
449	449	9 restored and a voter registration application. The Department
450	450	10 shall have available voter registration applications in the
451	451	11 languages provided by the Illinois State Board of Elections.
452	452	12 The form that informs the person that his or her rights have
453	453	13 been restored shall include the following information:
454	454	14 (1) All voting rights are restored upon release from
455	455	15 the Department's custody.
456	456	16 (2) A person who is eligible to vote must register in
457	457	17 order to be able to vote.
458	458	18 The Department of Corrections shall confirm that the
459	459	19 person received the voter registration application and has
460	460	20 been informed that his or her voting rights have been
461	461	21 restored.
462	462	22 (a-4) Prior to release of a person on parole, mandatory
463	463	23 supervised release, final discharge, or pardon, the Department
464	464	24 shall screen every person for Medicaid eligibility. Officials
465	465	25 of the correctional institution or facility where the
466	466	26 committed person is assigned shall assist an eligible person
467	467
468	468
469	469
470	470
471	471
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473	473
474	474
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476	476	HB0989 - 13 - LRB103 03473 AWJ 48479 b
477	477	1 to complete a Medicaid application to ensure that the person
478	478	2 begins receiving benefits as soon as possible after his or her
479	479	3 release. The application must include the eligible person's
480	480	4 address associated with his or her residence upon release from
481	481	5 the facility. If the residence is temporary, the eligible
482	482	6 person must notify the Department of Human Services of his or
483	483	7 her change in address upon transition to permanent housing.
484	484	8 (b) (Blank).
485	485	9 (c) Except as otherwise provided in this Code, the
486	486	10 Department shall establish procedures to provide written
487	487	11 notification of any release of any person who has been
488	488	12 convicted of a felony to the State's Attorney and sheriff of
489	489	13 the county from which the offender was committed, and the
490	490	14 State's Attorney and sheriff of the county into which the
491	491	15 offender is to be paroled or released. Except as otherwise
492	492	16 provided in this Code, the Department shall establish
493	493	17 procedures to provide written notification to the proper law
494	494	18 enforcement agency for any municipality of any release of any
495	495	19 person who has been convicted of a felony if the arrest of the
496	496	20 offender or the commission of the offense took place in the
497	497	21 municipality, if the offender is to be paroled or released
498	498	22 into the municipality, or if the offender resided in the
499	499	23 municipality at the time of the commission of the offense. If a
500	500	24 person convicted of a felony who is in the custody of the
501	501	25 Department of Corrections or on parole or mandatory supervised
502	502	26 release informs the Department that he or she has resided,
503	503
504	504
505	505
506	506
507	507
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509	509
510	510
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512	512	HB0989 - 14 - LRB103 03473 AWJ 48479 b
513	513	1 resides, or will reside at an address that is a housing
514	514	2 facility owned, managed, operated, or leased by a public
515	515	3 housing agency, the Department must send written notification
516	516	4 of that information to the public housing agency that owns,
517	517	5 manages, operates, or leases the housing facility. The written
518	518	6 notification shall, when possible, be given at least 14 days
519	519	7 before release of the person from custody, or as soon
520	520	8 thereafter as possible. The written notification shall be
521	521	9 provided electronically if the State's Attorney, sheriff,
522	522	10 proper law enforcement agency, or public housing agency has
523	523	11 provided the Department with an accurate and up to date email
524	524	12 address.
525	525	13 (c-1) (Blank).
526	526	14 (c-2) The Department shall establish procedures to provide
527	527	15 notice to the Illinois State Police of the release or
528	528	16 discharge of persons convicted of violations of the
529	529	17 Methamphetamine Control and Community Protection Act or a
530	530	18 violation of the Methamphetamine Precursor Control Act. The
531	531	19 Illinois State Police shall make this information available to
532	532	20 local, State, or federal law enforcement agencies upon
533	533	21 request.
534	534	22 (c-5) If a person on parole or mandatory supervised
535	535	23 release becomes a resident of a facility licensed or regulated
536	536	24 by the Department of Public Health, the Illinois Department of
537	537	25 Public Aid, or the Illinois Department of Human Services, the
538	538	26 Department of Corrections shall provide copies of the
539	539
540	540
541	541
542	542
543	543
544	544	HB0989 - 14 - LRB103 03473 AWJ 48479 b
545	545
546	546
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548	548	HB0989 - 15 - LRB103 03473 AWJ 48479 b
549	549	1 following information to the appropriate licensing or
550	550	2 regulating Department and the licensed or regulated facility
551	551	3 where the person becomes a resident:
552	552	4 (1) The mittimus and any pre-sentence investigation
553	553	5 reports.
554	554	6 (2) The social evaluation prepared pursuant to Section
555	555	7 3-8-2.
556	556	8 (3) Any pre-release evaluation conducted pursuant to
557	557	9 subsection (j) of Section 3-6-2.
558	558	10 (4) Reports of disciplinary infractions and
559	559	11 dispositions.
560	560	12 (5) Any parole plan, including orders issued by the
561	561	13 Prisoner Review Board, and any violation reports and
562	562	14 dispositions.
563	563	15 (6) The name and contact information for the assigned
564	564	16 parole agent and parole supervisor.
565	565	17 This information shall be provided within 3 days of the
566	566	18 person becoming a resident of the facility.
567	567	19 (c-10) If a person on parole or mandatory supervised
568	568	20 release becomes a resident of a facility licensed or regulated
569	569	21 by the Department of Public Health, the Illinois Department of
570	570	22 Public Aid, or the Illinois Department of Human Services, the
571	571	23 Department of Corrections shall provide written notification
572	572	24 of such residence to the following:
573	573	25 (1) The Prisoner Review Board.
574	574	26 (2) The chief of police and sheriff in the
575	575
576	576
577	577
578	578
579	579
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581	581
582	582
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584	584	HB0989 - 16 - LRB103 03473 AWJ 48479 b
585	585	1 municipality and county in which the licensed facility is
586	586	2 located.
587	587	3 The notification shall be provided within 3 days of the
588	588	4 person becoming a resident of the facility.
589	589	5 (d) Upon the release of a committed person on parole,
590	590	6 mandatory supervised release, final discharge, or pardon, the
591	591	7 Department shall provide such person with information
592	592	8 concerning programs and services of the Illinois Department of
593	593	9 Public Health to ascertain whether such person has been
594	594	10 exposed to the human immunodeficiency virus (HIV) or any
595	595	11 identified causative agent of Acquired Immunodeficiency
596	596	12 Syndrome (AIDS).
597	597	13 (e) Upon the release of a committed person on parole,
598	598	14 mandatory supervised release, final discharge, pardon, or who
599	599	15 has been wrongfully imprisoned, the Department shall verify
600	600	16 the released person's full name, date of birth, and social
601	601	17 security number. If verification is made by the Department by
602	602	18 obtaining a certified copy of the released person's birth
603	603	19 certificate and the released person's social security card or
604	604	20 other documents authorized by the Secretary, the Department
605	605	21 shall provide the birth certificate and social security card
606	606	22 or other documents authorized by the Secretary to the released
607	607	23 person. If verification by the Department is done by means
608	608	24 other than obtaining a certified copy of the released person's
609	609	25 birth certificate and the released person's social security
610	610	26 card or other documents authorized by the Secretary, the
611	611
612	612
613	613
614	614
615	615
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617	617
618	618
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621	621	1 Department shall complete a verification form, prescribed by
622	622	2 the Secretary of State, and shall provide that verification
623	623	3 form to the released person.
624	624	4 (f) Forty-five days prior to the scheduled discharge of a
625	625	5 person committed to the custody of the Department of
626	626	6 Corrections, the Department shall give the person:
627	627	7 (1) who is otherwise uninsured an opportunity to apply
628	628	8 for health care coverage including medical assistance
629	629	9 under Article V of the Illinois Public Aid Code in
630	630	10 accordance with subsection (b) of Section 1-8.5 of the
631	631	11 Illinois Public Aid Code, and the Department of
632	632	12 Corrections shall provide assistance with completion of
633	633	13 the application for health care coverage including medical
634	634	14 assistance;
635	635	15 (2) information about obtaining a standard Illinois
636	636	16 Identification Card or a limited-term Illinois
637	637	17 Identification Card under Section 4 of the Illinois
638	638	18 Identification Card Act;
639	639	19 (3) information about voter registration and may
640	640	20 distribute information prepared by the State Board of
641	641	21 Elections. The Department of Corrections may enter into an
642	642	22 interagency contract with the State Board of Elections to
643	643	23 participate in the automatic voter registration program
644	644	24 and be a designated automatic voter registration agency
645	645	25 under Section 1A-16.2 of the Election Code;
646	646	26 (4) information about job listings upon discharge from
647	647
648	648
649	649
650	650
651	651
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653	653
654	654
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657	657	1 the correctional institution or facility;
658	658	2 (5) information about available housing upon discharge
659	659	3 from the correctional institution or facility;
660	660	4 (6) a directory of elected State officials and of
661	661	5 officials elected in the county and municipality, if any,
662	662	6 in which the committed person intends to reside upon
663	663	7 discharge from the correctional institution or facility;
664	664	8 and
665	665	9 (7) any other information that the Department of
666	666	10 Corrections deems necessary to provide the committed
667	667	11 person in order for the committed person to reenter the
668	668	12 community and avoid recidivism.
669	669	13 The Department may adopt rules to implement this Section.
670	670	14 (Source: P.A. 101-351, eff. 1-1-20; 101-442, eff. 1-1-20;
671	671	15 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-606, eff.
672	672	16 1-1-22; 102-813, eff. 5-13-22.)
673	673	17 (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
674	674	18 Sec. 5-5-5. Loss and restoration of rights.
675	675	19 (a) Conviction and disposition shall not entail the loss
676	676	20 by the defendant of any civil rights, except under this
677	677	21 Section and Sections 29-6 and 29-10 of The Election Code, as
678	678	22 now or hereafter amended.
679	679	23 (b) A person convicted of a felony shall be ineligible to
680	680	24 hold an office created by the Constitution of this State until
681	681	25 the completion of his sentence.
682	682
683	683
684	684
685	685
686	686
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688	688
689	689
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691	691	HB0989 - 19 - LRB103 03473 AWJ 48479 b
692	692	1 (c) A person convicted of a felony or otherwise under
693	693	2 sentence in a correctional institution or jail shall have his
694	694	3 or her right to vote restored not later than 14 days following
695	695	4 his or her conviction sentenced to imprisonment shall lose his
696	696	5 right to vote until released from imprisonment.
697	697	6 (d) On completion of sentence of imprisonment or upon
698	698	7 discharge from probation, conditional discharge or periodic
699	699	8 imprisonment, or at any time thereafter, all license rights
700	700	9 and privileges granted under the authority of this State which
701	701	10 have been revoked or suspended because of conviction of an
702	702	11 offense shall be restored unless the authority having
703	703	12 jurisdiction of such license rights finds after investigation
704	704	13 and hearing that restoration is not in the public interest.
705	705	14 This paragraph (d) shall not apply to the suspension or
706	706	15 revocation of a license to operate a motor vehicle under the
707	707	16 Illinois Vehicle Code.
708	708	17 (e) Upon a person's discharge from incarceration or
709	709	18 parole, or upon a person's discharge from probation or at any
710	710	19 time thereafter, the committing court may enter an order
711	711	20 certifying that the sentence has been satisfactorily completed
712	712	21 when the court believes it would assist in the rehabilitation
713	713	22 of the person and be consistent with the public welfare. Such
714	714	23 order may be entered upon the motion of the defendant or the
715	715	24 State or upon the court's own motion.
716	716	25 (f) Upon entry of the order, the court shall issue to the
717	717	26 person in whose favor the order has been entered a certificate
718	718
719	719
720	720
721	721
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723	723	HB0989 - 19 - LRB103 03473 AWJ 48479 b
724	724
725	725
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728	728	1 stating that his behavior after conviction has warranted the
729	729	2 issuance of the order.
730	730	3 (g) This Section shall not affect the right of a defendant
731	731	4 to collaterally attack his conviction or to rely on it in bar
732	732	5 of subsequent proceedings for the same offense.
733	733	6 (h) No application for any license specified in subsection
734	734	7 (i) of this Section granted under the authority of this State
735	735	8 shall be denied by reason of an eligible offender who has
736	736	9 obtained a certificate of relief from disabilities, as defined
737	737	10 in Article 5.5 of this Chapter, having been previously
738	738	11 convicted of one or more criminal offenses, or by reason of a
739	739	12 finding of lack of "good moral character" when the finding is
740	740	13 based upon the fact that the applicant has previously been
741	741	14 convicted of one or more criminal offenses, unless:
742	742	15 (1) there is a direct relationship between one or more
743	743	16 of the previous criminal offenses and the specific license
744	744	17 sought; or
745	745	18 (2) the issuance of the license would involve an
746	746	19 unreasonable risk to property or to the safety or welfare
747	747	20 of specific individuals or the general public.
748	748	21 In making such a determination, the licensing agency shall
749	749	22 consider the following factors:
750	750	23 (1) the public policy of this State, as expressed in
751	751	24 Article 5.5 of this Chapter, to encourage the licensure
752	752	25 and employment of persons previously convicted of one or
753	753	26 more criminal offenses;
754	754
755	755
756	756
757	757
758	758
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760	760
761	761
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763	763	HB0989 - 21 - LRB103 03473 AWJ 48479 b
764	764	1 (2) the specific duties and responsibilities
765	765	2 necessarily related to the license being sought;
766	766	3 (3) the bearing, if any, the criminal offenses or
767	767	4 offenses for which the person was previously convicted
768	768	5 will have on his or her fitness or ability to perform one
769	769	6 or more such duties and responsibilities;
770	770	7 (4) the time which has elapsed since the occurrence of
771	771	8 the criminal offense or offenses;
772	772	9 (5) the age of the person at the time of occurrence of
773	773	10 the criminal offense or offenses;
774	774	11 (6) the seriousness of the offense or offenses;
775	775	12 (7) any information produced by the person or produced
776	776	13 on his or her behalf in regard to his or her rehabilitation
777	777	14 and good conduct, including a certificate of relief from
778	778	15 disabilities issued to the applicant, which certificate
779	779	16 shall create a presumption of rehabilitation in regard to
780	780	17 the offense or offenses specified in the certificate; and
781	781	18 (8) the legitimate interest of the licensing agency in
782	782	19 protecting property, and the safety and welfare of
783	783	20 specific individuals or the general public.
784	784	21 (i) A certificate of relief from disabilities shall be
785	785	22 issued only for a license or certification issued under the
786	786	23 following Acts:
787	787	24 (1) the Animal Welfare Act; except that a certificate
788	788	25 of relief from disabilities may not be granted to provide
789	789	26 for the issuance or restoration of a license under the
790	790
791	791
792	792
793	793
794	794
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796	796
797	797
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799	799	HB0989 - 22 - LRB103 03473 AWJ 48479 b
800	800	1 Animal Welfare Act for any person convicted of violating
801	801	2 Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
802	802	3 Care for Animals Act or Section 26-5 or 48-1 of the
803	803	4 Criminal Code of 1961 or the Criminal Code of 2012;
804	804	5 (2) the Illinois Athletic Trainers Practice Act;
805	805	6 (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
806	806	7 and Nail Technology Act of 1985;
807	807	8 (4) the Boiler and Pressure Vessel Repairer Regulation
808	808	9 Act;
809	809	10 (5) the Boxing and Full-contact Martial Arts Act;
810	810	11 (6) the Illinois Certified Shorthand Reporters Act of
811	811	12 1984;
812	812	13 (7) the Illinois Farm Labor Contractor Certification
813	813	14 Act;
814	814	15 (8) the Registered Interior Designers Act;
815	815	16 (9) the Illinois Professional Land Surveyor Act of
816	816	17 1989;
817	817	18 (10) the Landscape Architecture Registration Act;
818	818	19 (11) the Marriage and Family Therapy Licensing Act;
819	819	20 (12) the Private Employment Agency Act;
820	820	21 (13) the Professional Counselor and Clinical
821	821	22 Professional Counselor Licensing and Practice Act;
822	822	23 (14) the Real Estate License Act of 2000;
823	823	24 (15) the Illinois Roofing Industry Licensing Act;
824	824	25 (16) the Professional Engineering Practice Act of
825	825	26 1989;
826	826
827	827
828	828
829	829
830	830
831	831	HB0989 - 22 - LRB103 03473 AWJ 48479 b
832	832
833	833
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835	835	HB0989 - 23 - LRB103 03473 AWJ 48479 b
836	836	1 (17) the Water Well and Pump Installation Contractor's
837	837	2 License Act;
838	838	3 (18) the Electrologist Licensing Act;
839	839	4 (19) the Auction License Act;
840	840	5 (20) the Illinois Architecture Practice Act of 1989;
841	841	6 (21) the Dietitian Nutritionist Practice Act;
842	842	7 (22) the Environmental Health Practitioner Licensing
843	843	8 Act;
844	844	9 (23) the Funeral Directors and Embalmers Licensing
845	845	10 Code;
846	846	11 (24) (blank);
847	847	12 (25) the Professional Geologist Licensing Act;
848	848	13 (26) the Illinois Public Accounting Act; and
849	849	14 (27) the Structural Engineering Practice Act of 1989.
850	850	15 (Source: P.A. 102-284, eff. 8-6-21.)
851	851
852	852
853	853
854	854
855	855
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