IL
Illinois House Bill HB4745

Illinois 2023-2024 Regular Session

Illinois House Bill HB4745 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4745 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1 Amends the Unified Code of Corrections. Provides that on or after the effective date of the amendatory Act, the Department of Corrections and the Department of Juvenile Justice shall establish procedures to ensure that a committed person convicted of: (1) a sex offense, (2) first degree murder, or (3) second degree murder is discharged from custody within the municipality, or if the committed person was residing in an unincorporated area, the county where the committed person was residing immediately before his or her conviction for the sex offense or murder offense for which the committed person is serving a sentence in the Department of Corrections or the Department of Juvenile Justice. Effective immediately. LRB103 37675 RLC 67802 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4745 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1 730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1 Amends the Unified Code of Corrections. Provides that on or after the effective date of the amendatory Act, the Department of Corrections and the Department of Juvenile Justice shall establish procedures to ensure that a committed person convicted of: (1) a sex offense, (2) first degree murder, or (3) second degree murder is discharged from custody within the municipality, or if the committed person was residing in an unincorporated area, the county where the committed person was residing immediately before his or her conviction for the sex offense or murder offense for which the committed person is serving a sentence in the Department of Corrections or the Department of Juvenile Justice. Effective immediately. LRB103 37675 RLC 67802 b LRB103 37675 RLC 67802 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4745 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
33 730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1 730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1
44 730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1
55 Amends the Unified Code of Corrections. Provides that on or after the effective date of the amendatory Act, the Department of Corrections and the Department of Juvenile Justice shall establish procedures to ensure that a committed person convicted of: (1) a sex offense, (2) first degree murder, or (3) second degree murder is discharged from custody within the municipality, or if the committed person was residing in an unincorporated area, the county where the committed person was residing immediately before his or her conviction for the sex offense or murder offense for which the committed person is serving a sentence in the Department of Corrections or the Department of Juvenile Justice. Effective immediately.
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1111 1 AN ACT concerning criminal law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Unified Code of Corrections is amended by
1515 5 changing Section 3-14-1 as follows:
1616 6 (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
1717 7 Sec. 3-14-1. Release from the institution.
1818 8 (a) Upon release of a person on parole, mandatory release,
1919 9 final discharge, or pardon, the Department shall return all
2020 10 property held for him, provide him with suitable clothing and
2121 11 procure necessary transportation for him to his designated
2222 12 place of residence and employment. It may provide such person
2323 13 with a grant of money for travel and expenses which may be paid
2424 14 in installments. The amount of the money grant shall be
2525 15 determined by the Department.
2626 16 (a-1) The Department shall, before a wrongfully imprisoned
2727 17 person, as defined in Section 3-1-2 of this Code, is
2828 18 discharged from the Department, provide him or her with any
2929 19 documents necessary after discharge.
3030 20 (a-2) The Department of Corrections may establish and
3131 21 maintain, in any institution it administers, revolving funds
3232 22 to be known as "Travel and Allowances Revolving Funds". These
3333 23 revolving funds shall be used for advancing travel and expense
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4745 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
3838 730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1 730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1
3939 730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1
4040 Amends the Unified Code of Corrections. Provides that on or after the effective date of the amendatory Act, the Department of Corrections and the Department of Juvenile Justice shall establish procedures to ensure that a committed person convicted of: (1) a sex offense, (2) first degree murder, or (3) second degree murder is discharged from custody within the municipality, or if the committed person was residing in an unincorporated area, the county where the committed person was residing immediately before his or her conviction for the sex offense or murder offense for which the committed person is serving a sentence in the Department of Corrections or the Department of Juvenile Justice. Effective immediately.
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6868 1 allowances to committed, paroled, and discharged prisoners.
6969 2 The moneys paid into such revolving funds shall be from
7070 3 appropriations to the Department for Committed, Paroled, and
7171 4 Discharged Prisoners.
7272 5 (a-3) Upon release of a person who is eligible to vote on
7373 6 parole, mandatory release, final discharge, or pardon, the
7474 7 Department shall provide the person with a form that informs
7575 8 him or her that his or her voting rights have been restored and
7676 9 a voter registration application. The Department shall have
7777 10 available voter registration applications in the languages
7878 11 provided by the Illinois State Board of Elections. The form
7979 12 that informs the person that his or her rights have been
8080 13 restored shall include the following information:
8181 14 (1) All voting rights are restored upon release from
8282 15 the Department's custody.
8383 16 (2) A person who is eligible to vote must register in
8484 17 order to be able to vote.
8585 18 The Department of Corrections shall confirm that the
8686 19 person received the voter registration application and has
8787 20 been informed that his or her voting rights have been
8888 21 restored.
8989 22 (a-4) Prior to release of a person on parole, mandatory
9090 23 supervised release, final discharge, or pardon, the Department
9191 24 shall screen every person for Medicaid eligibility. Officials
9292 25 of the correctional institution or facility where the
9393 26 committed person is assigned shall assist an eligible person
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104104 1 to complete a Medicaid application to ensure that the person
105105 2 begins receiving benefits as soon as possible after his or her
106106 3 release. The application must include the eligible person's
107107 4 address associated with his or her residence upon release from
108108 5 the facility. If the residence is temporary, the eligible
109109 6 person must notify the Department of Human Services of his or
110110 7 her change in address upon transition to permanent housing.
111111 8 (a-5) On or after the effective date of this amendatory
112112 9 Act of the 103rd General Assembly, the Department of
113113 10 Corrections and the Department of Juvenile Justice shall
114114 11 establish procedures to ensure that a committed person
115115 12 convicted of: (1) a sex offense, as defined in Section 2 of the
116116 13 Sex Offender Registration Act, (2) first degree murder, as
117117 14 defined in Section 9-1 of the Criminal Code of 2012, or (3)
118118 15 second degree murder, as defined in Section 9-2 of the
119119 16 Criminal Code of 2012, is discharged from custody within the
120120 17 municipality, or if the committed person was residing in an
121121 18 unincorporated area, the county where the committed person was
122122 19 residing immediately before his or her conviction for the sex
123123 20 offense or murder offense for which the committed person is
124124 21 serving a sentence in the Department of Corrections or the
125125 22 Department of Juvenile Justice.
126126 23 (b) (Blank).
127127 24 (c) Except as otherwise provided in this Code, the
128128 25 Department shall establish procedures to provide written
129129 26 notification of any release of any person who has been
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140140 1 convicted of a felony to the State's Attorney and sheriff of
141141 2 the county from which the offender was committed, and the
142142 3 State's Attorney and sheriff of the county into which the
143143 4 offender is to be paroled or released. Except as otherwise
144144 5 provided in this Code, the Department shall establish
145145 6 procedures to provide written notification to the proper law
146146 7 enforcement agency for any municipality of any release of any
147147 8 person who has been convicted of a felony if the arrest of the
148148 9 offender or the commission of the offense took place in the
149149 10 municipality, if the offender is to be paroled or released
150150 11 into the municipality, or if the offender resided in the
151151 12 municipality at the time of the commission of the offense. If a
152152 13 person convicted of a felony who is in the custody of the
153153 14 Department of Corrections or on parole or mandatory supervised
154154 15 release informs the Department that he or she has resided,
155155 16 resides, or will reside at an address that is a housing
156156 17 facility owned, managed, operated, or leased by a public
157157 18 housing agency, the Department must send written notification
158158 19 of that information to the public housing agency that owns,
159159 20 manages, operates, or leases the housing facility. The written
160160 21 notification shall, when possible, be given at least 14 days
161161 22 before release of the person from custody, or as soon
162162 23 thereafter as possible. The written notification shall be
163163 24 provided electronically if the State's Attorney, sheriff,
164164 25 proper law enforcement agency, or public housing agency has
165165 26 provided the Department with an accurate and up to date email
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176176 1 address.
177177 2 (c-1) (Blank).
178178 3 (c-2) The Department shall establish procedures to provide
179179 4 notice to the Illinois State Police of the release or
180180 5 discharge of persons convicted of violations of the
181181 6 Methamphetamine Control and Community Protection Act or a
182182 7 violation of the Methamphetamine Precursor Control Act. The
183183 8 Illinois State Police shall make this information available to
184184 9 local, State, or federal law enforcement agencies upon
185185 10 request.
186186 11 (c-5) If a person on parole or mandatory supervised
187187 12 release becomes a resident of a facility licensed or regulated
188188 13 by the Department of Public Health, the Illinois Department of
189189 14 Public Aid, or the Illinois Department of Human Services, the
190190 15 Department of Corrections shall provide copies of the
191191 16 following information to the appropriate licensing or
192192 17 regulating Department and the licensed or regulated facility
193193 18 where the person becomes a resident:
194194 19 (1) The mittimus and any pre-sentence investigation
195195 20 reports.
196196 21 (2) The social evaluation prepared pursuant to Section
197197 22 3-8-2.
198198 23 (3) Any pre-release evaluation conducted pursuant to
199199 24 subsection (j) of Section 3-6-2.
200200 25 (4) Reports of disciplinary infractions and
201201 26 dispositions.
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212212 1 (5) Any parole plan, including orders issued by the
213213 2 Prisoner Review Board, and any violation reports and
214214 3 dispositions.
215215 4 (6) The name and contact information for the assigned
216216 5 parole agent and parole supervisor.
217217 6 This information shall be provided within 3 days of the
218218 7 person becoming a resident of the facility.
219219 8 (c-10) If a person on parole or mandatory supervised
220220 9 release becomes a resident of a facility licensed or regulated
221221 10 by the Department of Public Health, the Illinois Department of
222222 11 Public Aid, or the Illinois Department of Human Services, the
223223 12 Department of Corrections shall provide written notification
224224 13 of such residence to the following:
225225 14 (1) The Prisoner Review Board.
226226 15 (2) The chief of police and sheriff in the
227227 16 municipality and county in which the licensed facility is
228228 17 located.
229229 18 The notification shall be provided within 3 days of the
230230 19 person becoming a resident of the facility.
231231 20 (d) Upon the release of a committed person on parole,
232232 21 mandatory supervised release, final discharge, or pardon, the
233233 22 Department shall provide such person with information
234234 23 concerning programs and services of the Illinois Department of
235235 24 Public Health to ascertain whether such person has been
236236 25 exposed to the human immunodeficiency virus (HIV) or any
237237 26 identified causative agent of Acquired Immunodeficiency
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248248 1 Syndrome (AIDS).
249249 2 (e) Upon the release of a committed person on parole,
250250 3 mandatory supervised release, final discharge, pardon, or who
251251 4 has been wrongfully imprisoned, the Department shall verify
252252 5 the released person's full name, date of birth, and social
253253 6 security number. If verification is made by the Department by
254254 7 obtaining a certified copy of the released person's birth
255255 8 certificate and the released person's social security card or
256256 9 other documents authorized by the Secretary, the Department
257257 10 shall provide the birth certificate and social security card
258258 11 or other documents authorized by the Secretary to the released
259259 12 person. If verification by the Department is done by means
260260 13 other than obtaining a certified copy of the released person's
261261 14 birth certificate and the released person's social security
262262 15 card or other documents authorized by the Secretary, the
263263 16 Department shall complete a verification form, prescribed by
264264 17 the Secretary of State, and shall provide that verification
265265 18 form to the released person.
266266 19 (f) Forty-five days prior to the scheduled discharge of a
267267 20 person committed to the custody of the Department of
268268 21 Corrections, the Department shall give the person:
269269 22 (1) who is otherwise uninsured an opportunity to apply
270270 23 for health care coverage including medical assistance
271271 24 under Article V of the Illinois Public Aid Code in
272272 25 accordance with subsection (b) of Section 1-8.5 of the
273273 26 Illinois Public Aid Code, and the Department of
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284284 1 Corrections shall provide assistance with completion of
285285 2 the application for health care coverage including medical
286286 3 assistance;
287287 4 (2) information about obtaining a standard Illinois
288288 5 Identification Card or a limited-term Illinois
289289 6 Identification Card under Section 4 of the Illinois
290290 7 Identification Card Act if the person has not been issued
291291 8 an Illinois Identification Card under subsection (a-20) of
292292 9 Section 4 of the Illinois Identification Card Act;
293293 10 (3) information about voter registration and may
294294 11 distribute information prepared by the State Board of
295295 12 Elections. The Department of Corrections may enter into an
296296 13 interagency contract with the State Board of Elections to
297297 14 participate in the automatic voter registration program
298298 15 and be a designated automatic voter registration agency
299299 16 under Section 1A-16.2 of the Election Code;
300300 17 (4) information about job listings upon discharge from
301301 18 the correctional institution or facility;
302302 19 (5) information about available housing upon discharge
303303 20 from the correctional institution or facility;
304304 21 (6) a directory of elected State officials and of
305305 22 officials elected in the county and municipality, if any,
306306 23 in which the committed person intends to reside upon
307307 24 discharge from the correctional institution or facility;
308308 25 and
309309 26 (7) any other information that the Department of
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320320 1 Corrections deems necessary to provide the committed
321321 2 person in order for the committed person to reenter the
322322 3 community and avoid recidivism.
323323 4 (g) Sixty days before the scheduled discharge of a person
324324 5 committed to the custody of the Department or upon receipt of
325325 6 the person's certified birth certificate and social security
326326 7 card as set forth in subsection (d) of Section 3-8-1 of this
327327 8 Act, whichever occurs later, the Department shall transmit an
328328 9 application for an Identification Card to the Secretary of
329329 10 State, in accordance with subsection (a-20) of Section 4 of
330330 11 the Illinois Identification Card Act.
331331 12 The Department may adopt rules to implement this Section.
332332 13 (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
333333 14 102-606, eff. 1-1-22; 102-813, eff. 5-13-22; 103-345, eff.
334334 15 1-1-24.)
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