Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1483 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1483 Introduced 2/7/2023, by Sen. Mike Simmons SYNOPSIS AS INTRODUCED: 10 ILCS 5/1-23 new10 ILCS 5/3-5 from Ch. 46, par. 3-510 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 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 or not later than 5 days before the first election following the person's confinement (rather than prohibiting a person who has been convicted of any crime and is serving a sentence of confinement from voting until his or her release from confinement). Requires the election authority to collaborate with a correctional institution to facilitate an opportunity for voting by mail for eligible electors to vote in that election jurisdiction who are incarcerated in the correctional institution. Provides that all requirements of the federal Voting Rights Act of 1965 and other federal, State, and local laws regarding language access and disability access apply to the provisions. Requires the correctional institution to make available to persons in custody resource materials relating to an election. Requires the State Board of Elections in coordination with correctional institutions to annually report certain data regarding compliance with the provisions. Makes conforming changes throughout the Code and in the Unified Code of Corrections. Effective July 1, 2024. LRB103 27023 BMS 53390 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1483 Introduced 2/7/2023, by Sen. Mike Simmons SYNOPSIS AS INTRODUCED: 10 ILCS 5/1-23 new10 ILCS 5/3-5 from Ch. 46, par. 3-510 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 10 ILCS 5/1-23 new 10 ILCS 5/3-5 from Ch. 46, par. 3-5 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 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 or not later than 5 days before the first election following the person's confinement (rather than prohibiting a person who has been convicted of any crime and is serving a sentence of confinement from voting until his or her release from confinement). Requires the election authority to collaborate with a correctional institution to facilitate an opportunity for voting by mail for eligible electors to vote in that election jurisdiction who are incarcerated in the correctional institution. Provides that all requirements of the federal Voting Rights Act of 1965 and other federal, State, and local laws regarding language access and disability access apply to the provisions. Requires the correctional institution to make available to persons in custody resource materials relating to an election. Requires the State Board of Elections in coordination with correctional institutions to annually report certain data regarding compliance with the provisions. Makes conforming changes throughout the Code and in the Unified Code of Corrections. Effective July 1, 2024. LRB103 27023 BMS 53390 b LRB103 27023 BMS 53390 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1483 Introduced 2/7/2023, by Sen. Mike Simmons SYNOPSIS AS INTRODUCED:
33 10 ILCS 5/1-23 new10 ILCS 5/3-5 from Ch. 46, par. 3-510 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 10 ILCS 5/1-23 new 10 ILCS 5/3-5 from Ch. 46, par. 3-5 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
44 10 ILCS 5/1-23 new
55 10 ILCS 5/3-5 from Ch. 46, par. 3-5
66 10 ILCS 5/19A-20
77 730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1
88 730 ILCS 5/5-5-5 from Ch. 38, par. 1005-5-5
99 Amends the Election Code. Provides that a person convicted of a felony or otherwise under sentence in a correctional institution 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 or not later than 5 days before the first election following the person's confinement (rather than prohibiting a person who has been convicted of any crime and is serving a sentence of confinement from voting until his or her release from confinement). Requires the election authority to collaborate with a correctional institution to facilitate an opportunity for voting by mail for eligible electors to vote in that election jurisdiction who are incarcerated in the correctional institution. Provides that all requirements of the federal Voting Rights Act of 1965 and other federal, State, and local laws regarding language access and disability access apply to the provisions. Requires the correctional institution to make available to persons in custody resource materials relating to an election. Requires the State Board of Elections in coordination with correctional institutions to annually report certain data regarding compliance with the provisions. Makes conforming changes throughout the Code and in the Unified Code of Corrections. Effective July 1, 2024.
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1515 1 AN ACT concerning elections.
1616 2 Be it enacted by the People of the State of Illinois,
1717 3 represented in the General Assembly:
1818 4 Section 5. The Election Code is amended by adding Section
1919 5 1-23 and by changing Sections 3-5 and 19A-20 as follows:
2020 6 (10 ILCS 5/1-23 new)
2121 7 Sec. 1-23. Post-conviction voting.
2222 8 (a) As used in this Section, "correctional institution"
2323 9 means any place used to house persons under State supervision,
2424 10 including, but not limited to, State, federal, or juvenile
2525 11 facilities, adult transition centers, halfway houses, and
2626 12 other reentry or rehabilitation programs.
2727 13 (b) A person convicted of a felony, or otherwise under
2828 14 sentence in a correctional institution or jail, shall have his
2929 15 or her right to vote restored and shall be eligible to vote not
3030 16 later than 14 days following his or her conviction or not later
3131 17 than 5 days before the first primary, general, consolidated,
3232 18 or special election immediately following his or her
3333 19 conviction, whichever is earlier. Persons under any form of
3434 20 State supervision who are disqualified from voting shall have
3535 21 their right to vote restored under this Section, including,
3636 22 but not limited to, persons incarcerated in State, federal, or
3737 23 juvenile facilities; persons on probation or parole; persons
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4141 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1483 Introduced 2/7/2023, by Sen. Mike Simmons SYNOPSIS AS INTRODUCED:
4242 10 ILCS 5/1-23 new10 ILCS 5/3-5 from Ch. 46, par. 3-510 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 10 ILCS 5/1-23 new 10 ILCS 5/3-5 from Ch. 46, par. 3-5 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
4343 10 ILCS 5/1-23 new
4444 10 ILCS 5/3-5 from Ch. 46, par. 3-5
4545 10 ILCS 5/19A-20
4646 730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1
4747 730 ILCS 5/5-5-5 from Ch. 38, par. 1005-5-5
4848 Amends the Election Code. Provides that a person convicted of a felony or otherwise under sentence in a correctional institution 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 or not later than 5 days before the first election following the person's confinement (rather than prohibiting a person who has been convicted of any crime and is serving a sentence of confinement from voting until his or her release from confinement). Requires the election authority to collaborate with a correctional institution to facilitate an opportunity for voting by mail for eligible electors to vote in that election jurisdiction who are incarcerated in the correctional institution. Provides that all requirements of the federal Voting Rights Act of 1965 and other federal, State, and local laws regarding language access and disability access apply to the provisions. Requires the correctional institution to make available to persons in custody resource materials relating to an election. Requires the State Board of Elections in coordination with correctional institutions to annually report certain data regarding compliance with the provisions. Makes conforming changes throughout the Code and in the Unified Code of Corrections. Effective July 1, 2024.
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6060 730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1
6161 730 ILCS 5/5-5-5 from Ch. 38, par. 1005-5-5
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8080 1 on work release; persons on furlough; persons released on
8181 2 electronic monitoring; persons housed in adult transition
8282 3 centers, halfway houses, or other reentry or rehabilitation
8383 4 programs; and persons owing court fines or fees. Persons may
8484 5 not be denied the right to vote because of a past criminal
8585 6 conviction.
8686 7 (c) Each election authority shall collaborate with the
8787 8 correctional institution to facilitate an opportunity for
8888 9 voting by mail for voters eligible to vote in that election
8989 10 jurisdiction who are incarcerated in the correctional
9090 11 institution.
9191 12 (d) Any person completing a voter registration application
9292 13 or submitting a change of address shall be notified of the
9393 14 option to receive a vote by mail ballot. Upon request of the
9494 15 elector, the registration shall serve as an application to
9595 16 receive an official vote by mail ballot and the individual
9696 17 need not complete an application. An elector who is a resident
9797 18 of a location covered by Section 203 of the federal Voting
9898 19 Rights Act of 1965 or local language access requirements must
9999 20 be offered a voter registration application in a covered
100100 21 language and must be able to request a vote by mail ballot in
101101 22 the covered language. Upon processing the registration, the
102102 23 election authority shall provide the individual with an
103103 24 official ballot.
104104 25 (e) All requirements of the federal Voting Rights Act of
105105 26 1965, including Sections 203 and 208, State and local language
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116116 1 access requirements, and the federal Americans with
117117 2 Disabilities Act and State and local disability access
118118 3 requirements shall apply to this Section. The correctional
119119 4 institution shall make available voter registration
120120 5 applications, vote by mail ballot applications, vote by mail
121121 6 ballots, and other election materials in the languages
122122 7 provided by the State Board of Elections and local election
123123 8 authorities.
124124 9 (f) The correctional institution shall make available to a
125125 10 person in its custody resource materials current to an
126126 11 election, maintained by the State Board of Elections,
127127 12 containing detailed information regarding the voting rights of
128128 13 a person with a criminal conviction in the following formats:
129129 14 (1) in print; (2) on the correctional institution's website;
130130 15 and (3) in a visible location on the premises of each
131131 16 correctional institution where notices are customarily posted.
132132 17 The correctional institution shall provide resource materials
133133 18 to a person in its custody upon intake and release of the
134134 19 person on parole, mandatory supervised release, final
135135 20 discharge, or pardon from the correctional institution.
136136 21 (g) Compliance with this Section shall be monitored by a
137137 22 report published annually by the State Board of Elections, in
138138 23 coordination with correctional institutions, containing data,
139139 24 including numbers of voter registrations, vote by mail ballot
140140 25 applications, vote by mail ballots completed, ballots
141141 26 completed, voter education packets delivered, number and
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152152 1 location of ballot drop boxes established, number and location
153153 2 of temporary polling places established, and other factors.
154154 3 (h) A person who has left the place of the person's
155155 4 residence as part of the person's confinement in a
156156 5 correctional institution and who has not established another
157157 6 residence for voter registration purposes may not be
158158 7 considered to have changed or lost residence. The person may
159159 8 register to vote at the address of the place the person's
160160 9 residence was located before the person's confinement in a
161161 10 correctional institution.
162162 11 (10 ILCS 5/3-5) (from Ch. 46, par. 3-5)
163163 12 Sec. 3-5. No person who has been legally convicted, in
164164 13 this or another state or in any federal court, of any crime,
165165 14 and is serving a sentence of confinement in any penal
166166 15 institution, or who has been convicted under any Section of
167167 16 this Code and is serving a sentence of confinement in any penal
168168 17 institution, shall vote, offer to vote, attempt to vote or be
169169 18 permitted to vote at any election until his release from
170170 19 confinement.
171171 20 Confinement for purposes of this Section shall include any
172172 21 person convicted and imprisoned but granted a furlough as
173173 22 provided by Section 3-11-1 of the Unified Code of Corrections,
174174 23 or admitted to a work release program as provided by Section
175175 24 3-13-2 of the Unified Code of Corrections. Confinement shall
176176 25 not include any person convicted and imprisoned but released
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187187 1 on parole.
188188 2 Confinement or detention in a jail pending acquittal or
189189 3 conviction of a crime is not a disqualification for voting.
190190 4 (Source: P.A. 100-863, eff. 8-14-18.)
191191 5 (10 ILCS 5/19A-20)
192192 6 Sec. 19A-20. Temporary branch polling places.
193193 7 (a) In addition to permanent polling places for early
194194 8 voting, the election authority may establish temporary branch
195195 9 polling places for early voting.
196196 10 (b) The provisions of subsection (b) of Section 19A-15 do
197197 11 not apply to a temporary polling place. Voting at a temporary
198198 12 branch polling place may be conducted on any one or more days
199199 13 and during any hours within the period for early voting by
200200 14 personal appearance that are determined by the election
201201 15 authority.
202202 16 (c) The schedules for conducting voting do not need to be
203203 17 uniform among the temporary branch polling places.
204204 18 (d) The legal rights and remedies which inure to the owner
205205 19 or lessor of private property are not impaired or otherwise
206206 20 affected by the leasing of the property for use as a temporary
207207 21 branch polling place for early voting, except to the extent
208208 22 necessary to conduct early voting at that location.
209209 23 (e) In a county with a population of:
210210 24 (1) 3,000,000 or more, the election authority in the
211211 25 county shall establish a temporary branch polling place
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222222 1 under this Section in the county jail. Only a resident of a
223223 2 county who is in custody at the county jail and who has not
224224 3 been convicted of the offense for which the resident is in
225225 4 custody is eligible to vote at a temporary branch polling
226226 5 place established under this paragraph (1). The temporary
227227 6 branch polling place established under this paragraph (1)
228228 7 shall allow a voter to vote in the same elections that the
229229 8 voter would be entitled to vote in where the voter
230230 9 resides. To the maximum extent feasible, voting booths or
231231 10 screens shall be provided to ensure the privacy of the
232232 11 voter.
233233 12 (2) less than 3,000,000, the sheriff may establish a
234234 13 temporary branch polling place at the county jail. Only a
235235 14 resident of a county who is in custody at the county jail
236236 15 and who has not been convicted of the offense for which the
237237 16 resident is in custody is eligible to vote at a temporary
238238 17 branch polling place established under this paragraph (2).
239239 18 A temporary branch polling place established under this
240240 19 paragraph (2) shall allow a voter to vote in the same
241241 20 elections that the voter would be entitled to vote in
242242 21 where the voter resides. To the maximum extent feasible,
243243 22 voting booths or screens shall be provided to ensure the
244244 23 privacy of the voter.
245245 24 All provisions of this Code applicable to pollwatchers
246246 25 shall apply to a temporary branch polling place under this
247247 26 subsection (e), subject to approval from the election
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258258 1 authority and the county jail, except that nonpartisan
259259 2 pollwatchers shall be limited to one per division within the
260260 3 jail instead of one per precinct. A county that establishes a
261261 4 temporary branch polling place inside a county jail in
262262 5 accordance with this subsection (e) shall adhere to all
263263 6 requirements of this subsection (e). All requirements of the
264264 7 federal Voting Rights Act of 1965 and Sections 203 and 208 of
265265 8 the federal Americans with Disabilities Act shall apply to
266266 9 this subsection (e).
267267 10 (Source: P.A. 101-442, eff. 1-1-20; 102-15, eff. 6-17-21.)
268268 11 Section 10. The Unified Code of Corrections is amended by
269269 12 changing Sections 3-14-1 and 5-5-5 as follows:
270270 13 (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
271271 14 Sec. 3-14-1. Release from the institution.
272272 15 (a) Upon release of a person on parole, mandatory release,
273273 16 final discharge, or pardon, the Department shall return all
274274 17 property held for him, provide him with suitable clothing and
275275 18 procure necessary transportation for him to his designated
276276 19 place of residence and employment. It may provide such person
277277 20 with a grant of money for travel and expenses which may be paid
278278 21 in installments. The amount of the money grant shall be
279279 22 determined by the Department.
280280 23 (a-1) The Department shall, before a wrongfully imprisoned
281281 24 person, as defined in Section 3-1-2 of this Code, is
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292292 1 discharged from the Department, provide him or her with any
293293 2 documents necessary after discharge.
294294 3 (a-2) The Department of Corrections may establish and
295295 4 maintain, in any institution it administers, revolving funds
296296 5 to be known as "Travel and Allowances Revolving Funds". These
297297 6 revolving funds shall be used for advancing travel and expense
298298 7 allowances to committed, paroled, and discharged prisoners.
299299 8 The moneys paid into such revolving funds shall be from
300300 9 appropriations to the Department for Committed, Paroled, and
301301 10 Discharged Prisoners.
302302 11 (a-3) (Blank). Upon release of a person who is eligible to
303303 12 vote on parole, mandatory release, final discharge, or pardon,
304304 13 the Department shall provide the person with a form that
305305 14 informs him or her that his or her voting rights have been
306306 15 restored and a voter registration application. The Department
307307 16 shall have available voter registration applications in the
308308 17 languages provided by the Illinois State Board of Elections.
309309 18 The form that informs the person that his or her rights have
310310 19 been restored shall include the following information:
311311 20 (1) All voting rights are restored upon release from
312312 21 the Department's custody.
313313 22 (2) A person who is eligible to vote must register in
314314 23 order to be able to vote.
315315 24 The Department of Corrections shall confirm that the
316316 25 person received the voter registration application and has
317317 26 been informed that his or her voting rights have been
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328328 1 restored.
329329 2 (a-4) Prior to release of a person on parole, mandatory
330330 3 supervised release, final discharge, or pardon, the Department
331331 4 shall screen every person for Medicaid eligibility. Officials
332332 5 of the correctional institution or facility where the
333333 6 committed person is assigned shall assist an eligible person
334334 7 to complete a Medicaid application to ensure that the person
335335 8 begins receiving benefits as soon as possible after his or her
336336 9 release. The application must include the eligible person's
337337 10 address associated with his or her residence upon release from
338338 11 the facility. If the residence is temporary, the eligible
339339 12 person must notify the Department of Human Services of his or
340340 13 her change in address upon transition to permanent housing.
341341 14 (b) (Blank).
342342 15 (c) Except as otherwise provided in this Code, the
343343 16 Department shall establish procedures to provide written
344344 17 notification of any release of any person who has been
345345 18 convicted of a felony to the State's Attorney and sheriff of
346346 19 the county from which the offender was committed, and the
347347 20 State's Attorney and sheriff of the county into which the
348348 21 offender is to be paroled or released. Except as otherwise
349349 22 provided in this Code, the Department shall establish
350350 23 procedures to provide written notification to the proper law
351351 24 enforcement agency for any municipality of any release of any
352352 25 person who has been convicted of a felony if the arrest of the
353353 26 offender or the commission of the offense took place in the
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364364 1 municipality, if the offender is to be paroled or released
365365 2 into the municipality, or if the offender resided in the
366366 3 municipality at the time of the commission of the offense. If a
367367 4 person convicted of a felony who is in the custody of the
368368 5 Department of Corrections or on parole or mandatory supervised
369369 6 release informs the Department that he or she has resided,
370370 7 resides, or will reside at an address that is a housing
371371 8 facility owned, managed, operated, or leased by a public
372372 9 housing agency, the Department must send written notification
373373 10 of that information to the public housing agency that owns,
374374 11 manages, operates, or leases the housing facility. The written
375375 12 notification shall, when possible, be given at least 14 days
376376 13 before release of the person from custody, or as soon
377377 14 thereafter as possible. The written notification shall be
378378 15 provided electronically if the State's Attorney, sheriff,
379379 16 proper law enforcement agency, or public housing agency has
380380 17 provided the Department with an accurate and up to date email
381381 18 address.
382382 19 (c-1) (Blank).
383383 20 (c-2) The Department shall establish procedures to provide
384384 21 notice to the Illinois State Police of the release or
385385 22 discharge of persons convicted of violations of the
386386 23 Methamphetamine Control and Community Protection Act or a
387387 24 violation of the Methamphetamine Precursor Control Act. The
388388 25 Illinois State Police shall make this information available to
389389 26 local, State, or federal law enforcement agencies upon
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400400 1 request.
401401 2 (c-5) If a person on parole or mandatory supervised
402402 3 release becomes a resident of a facility licensed or regulated
403403 4 by the Department of Public Health, the Illinois Department of
404404 5 Public Aid, or the Illinois Department of Human Services, the
405405 6 Department of Corrections shall provide copies of the
406406 7 following information to the appropriate licensing or
407407 8 regulating Department and the licensed or regulated facility
408408 9 where the person becomes a resident:
409409 10 (1) The mittimus and any pre-sentence investigation
410410 11 reports.
411411 12 (2) The social evaluation prepared pursuant to Section
412412 13 3-8-2.
413413 14 (3) Any pre-release evaluation conducted pursuant to
414414 15 subsection (j) of Section 3-6-2.
415415 16 (4) Reports of disciplinary infractions and
416416 17 dispositions.
417417 18 (5) Any parole plan, including orders issued by the
418418 19 Prisoner Review Board, and any violation reports and
419419 20 dispositions.
420420 21 (6) The name and contact information for the assigned
421421 22 parole agent and parole supervisor.
422422 23 This information shall be provided within 3 days of the
423423 24 person becoming a resident of the facility.
424424 25 (c-10) If a person on parole or mandatory supervised
425425 26 release becomes a resident of a facility licensed or regulated
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436436 1 by the Department of Public Health, the Illinois Department of
437437 2 Public Aid, or the Illinois Department of Human Services, the
438438 3 Department of Corrections shall provide written notification
439439 4 of such residence to the following:
440440 5 (1) The Prisoner Review Board.
441441 6 (2) The chief of police and sheriff in the
442442 7 municipality and county in which the licensed facility is
443443 8 located.
444444 9 The notification shall be provided within 3 days of the
445445 10 person becoming a resident of the facility.
446446 11 (d) Upon the release of a committed person on parole,
447447 12 mandatory supervised release, final discharge, or pardon, the
448448 13 Department shall provide such person with information
449449 14 concerning programs and services of the Illinois Department of
450450 15 Public Health to ascertain whether such person has been
451451 16 exposed to the human immunodeficiency virus (HIV) or any
452452 17 identified causative agent of Acquired Immunodeficiency
453453 18 Syndrome (AIDS).
454454 19 (e) Upon the release of a committed person on parole,
455455 20 mandatory supervised release, final discharge, pardon, or who
456456 21 has been wrongfully imprisoned, the Department shall verify
457457 22 the released person's full name, date of birth, and social
458458 23 security number. If verification is made by the Department by
459459 24 obtaining a certified copy of the released person's birth
460460 25 certificate and the released person's social security card or
461461 26 other documents authorized by the Secretary, the Department
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472472 1 shall provide the birth certificate and social security card
473473 2 or other documents authorized by the Secretary to the released
474474 3 person. If verification by the Department is done by means
475475 4 other than obtaining a certified copy of the released person's
476476 5 birth certificate and the released person's social security
477477 6 card or other documents authorized by the Secretary, the
478478 7 Department shall complete a verification form, prescribed by
479479 8 the Secretary of State, and shall provide that verification
480480 9 form to the released person.
481481 10 (f) Forty-five days prior to the scheduled discharge of a
482482 11 person committed to the custody of the Department of
483483 12 Corrections, the Department shall give the person:
484484 13 (1) who is otherwise uninsured an opportunity to apply
485485 14 for health care coverage including medical assistance
486486 15 under Article V of the Illinois Public Aid Code in
487487 16 accordance with subsection (b) of Section 1-8.5 of the
488488 17 Illinois Public Aid Code, and the Department of
489489 18 Corrections shall provide assistance with completion of
490490 19 the application for health care coverage including medical
491491 20 assistance;
492492 21 (2) information about obtaining a standard Illinois
493493 22 Identification Card or a limited-term Illinois
494494 23 Identification Card under Section 4 of the Illinois
495495 24 Identification Card Act;
496496 25 (3) information about voter registration and may
497497 26 distribute information prepared by the State Board of
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508508 1 Elections. The Department of Corrections may enter into an
509509 2 interagency contract with the State Board of Elections to
510510 3 participate in the automatic voter registration program
511511 4 and be a designated automatic voter registration agency
512512 5 under Section 1A-16.2 of the Election Code;
513513 6 (4) information about job listings upon discharge from
514514 7 the correctional institution or facility;
515515 8 (5) information about available housing upon discharge
516516 9 from the correctional institution or facility;
517517 10 (6) a directory of elected State officials and of
518518 11 officials elected in the county and municipality, if any,
519519 12 in which the committed person intends to reside upon
520520 13 discharge from the correctional institution or facility;
521521 14 and
522522 15 (7) any other information that the Department of
523523 16 Corrections deems necessary to provide the committed
524524 17 person in order for the committed person to reenter the
525525 18 community and avoid recidivism.
526526 19 The Department may adopt rules to implement this Section.
527527 20 (Source: P.A. 101-351, eff. 1-1-20; 101-442, eff. 1-1-20;
528528 21 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-606, eff.
529529 22 1-1-22; 102-813, eff. 5-13-22.)
530530 23 (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
531531 24 Sec. 5-5-5. Loss and restoration of rights.
532532 25 (a) Conviction and disposition shall not entail the loss
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543543 1 by the defendant of any civil rights, except under this
544544 2 Section and Sections 29-6 and 29-10 of The Election Code, as
545545 3 now or hereafter amended.
546546 4 (b) A person convicted of a felony shall be ineligible to
547547 5 hold an office created by the Constitution of this State until
548548 6 the completion of his sentence.
549549 7 (c) (Blank). A person sentenced to imprisonment shall lose
550550 8 his right to vote until released from imprisonment.
551551 9 (d) On completion of sentence of imprisonment or upon
552552 10 discharge from probation, conditional discharge or periodic
553553 11 imprisonment, or at any time thereafter, all license rights
554554 12 and privileges granted under the authority of this State which
555555 13 have been revoked or suspended because of conviction of an
556556 14 offense shall be restored unless the authority having
557557 15 jurisdiction of such license rights finds after investigation
558558 16 and hearing that restoration is not in the public interest.
559559 17 This paragraph (d) shall not apply to the suspension or
560560 18 revocation of a license to operate a motor vehicle under the
561561 19 Illinois Vehicle Code.
562562 20 (e) Upon a person's discharge from incarceration or
563563 21 parole, or upon a person's discharge from probation or at any
564564 22 time thereafter, the committing court may enter an order
565565 23 certifying that the sentence has been satisfactorily completed
566566 24 when the court believes it would assist in the rehabilitation
567567 25 of the person and be consistent with the public welfare. Such
568568 26 order may be entered upon the motion of the defendant or the
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579579 1 State or upon the court's own motion.
580580 2 (f) Upon entry of the order, the court shall issue to the
581581 3 person in whose favor the order has been entered a certificate
582582 4 stating that his behavior after conviction has warranted the
583583 5 issuance of the order.
584584 6 (g) This Section shall not affect the right of a defendant
585585 7 to collaterally attack his conviction or to rely on it in bar
586586 8 of subsequent proceedings for the same offense.
587587 9 (h) No application for any license specified in subsection
588588 10 (i) of this Section granted under the authority of this State
589589 11 shall be denied by reason of an eligible offender who has
590590 12 obtained a certificate of relief from disabilities, as defined
591591 13 in Article 5.5 of this Chapter, having been previously
592592 14 convicted of one or more criminal offenses, or by reason of a
593593 15 finding of lack of "good moral character" when the finding is
594594 16 based upon the fact that the applicant has previously been
595595 17 convicted of one or more criminal offenses, unless:
596596 18 (1) there is a direct relationship between one or more
597597 19 of the previous criminal offenses and the specific license
598598 20 sought; or
599599 21 (2) the issuance of the license would involve an
600600 22 unreasonable risk to property or to the safety or welfare
601601 23 of specific individuals or the general public.
602602 24 In making such a determination, the licensing agency shall
603603 25 consider the following factors:
604604 26 (1) the public policy of this State, as expressed in
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615615 1 Article 5.5 of this Chapter, to encourage the licensure
616616 2 and employment of persons previously convicted of one or
617617 3 more criminal offenses;
618618 4 (2) the specific duties and responsibilities
619619 5 necessarily related to the license being sought;
620620 6 (3) the bearing, if any, the criminal offenses or
621621 7 offenses for which the person was previously convicted
622622 8 will have on his or her fitness or ability to perform one
623623 9 or more such duties and responsibilities;
624624 10 (4) the time which has elapsed since the occurrence of
625625 11 the criminal offense or offenses;
626626 12 (5) the age of the person at the time of occurrence of
627627 13 the criminal offense or offenses;
628628 14 (6) the seriousness of the offense or offenses;
629629 15 (7) any information produced by the person or produced
630630 16 on his or her behalf in regard to his or her rehabilitation
631631 17 and good conduct, including a certificate of relief from
632632 18 disabilities issued to the applicant, which certificate
633633 19 shall create a presumption of rehabilitation in regard to
634634 20 the offense or offenses specified in the certificate; and
635635 21 (8) the legitimate interest of the licensing agency in
636636 22 protecting property, and the safety and welfare of
637637 23 specific individuals or the general public.
638638 24 (i) A certificate of relief from disabilities shall be
639639 25 issued only for a license or certification issued under the
640640 26 following Acts:
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651651 1 (1) the Animal Welfare Act; except that a certificate
652652 2 of relief from disabilities may not be granted to provide
653653 3 for the issuance or restoration of a license under the
654654 4 Animal Welfare Act for any person convicted of violating
655655 5 Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
656656 6 Care for Animals Act or Section 26-5 or 48-1 of the
657657 7 Criminal Code of 1961 or the Criminal Code of 2012;
658658 8 (2) the Illinois Athletic Trainers Practice Act;
659659 9 (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
660660 10 and Nail Technology Act of 1985;
661661 11 (4) the Boiler and Pressure Vessel Repairer Regulation
662662 12 Act;
663663 13 (5) the Boxing and Full-contact Martial Arts Act;
664664 14 (6) the Illinois Certified Shorthand Reporters Act of
665665 15 1984;
666666 16 (7) the Illinois Farm Labor Contractor Certification
667667 17 Act;
668668 18 (8) the Registered Interior Designers Act;
669669 19 (9) the Illinois Professional Land Surveyor Act of
670670 20 1989;
671671 21 (10) the Landscape Architecture Registration Act;
672672 22 (11) the Marriage and Family Therapy Licensing Act;
673673 23 (12) the Private Employment Agency Act;
674674 24 (13) the Professional Counselor and Clinical
675675 25 Professional Counselor Licensing and Practice Act;
676676 26 (14) the Real Estate License Act of 2000;
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687687 1 (15) the Illinois Roofing Industry Licensing Act;
688688 2 (16) the Professional Engineering Practice Act of
689689 3 1989;
690690 4 (17) the Water Well and Pump Installation Contractor's
691691 5 License Act;
692692 6 (18) the Electrologist Licensing Act;
693693 7 (19) the Auction License Act;
694694 8 (20) the Illinois Architecture Practice Act of 1989;
695695 9 (21) the Dietitian Nutritionist Practice Act;
696696 10 (22) the Environmental Health Practitioner Licensing
697697 11 Act;
698698 12 (23) the Funeral Directors and Embalmers Licensing
699699 13 Code;
700700 14 (24) (blank);
701701 15 (25) the Professional Geologist Licensing Act;
702702 16 (26) the Illinois Public Accounting Act; and
703703 17 (27) the Structural Engineering Practice Act of 1989.
704704 18 (Source: P.A. 102-284, eff. 8-6-21.)
705705 19 Section 99. Effective date. This Act takes effect July 1,
706706 20 2024.
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